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HOW TO SEEK INFORMATION UNDER RTI

  • Any citizen of India can seek information.
  • The application is to be made to an officer of the public authority who is designated as Central Public Information Officer (CPIO).
  • All the public authorities have designated their Central Public Information Officer and have posted their particulars on their respective web-sites.
  • This information is also available on the ‘RTI PORTAL’ (www.rti.gov.in). Persons seeking information can to refer to the web-site of the concerned public authority of the ‘RIT PORTAL’ for ascertaining the name of the concerned CPIO.
  • The application can be made in English or Hindi.
  • The application can be sent by email, post or personally delivered at the address of the public authority.
  • No reason is necessary to be given for the request of information.
  • The applicant is required to send a bankers draft, or Indian postal order of Rs. 10 along with application and any further fees would be intimated by the CPIO. However persons below poverty line are exempted from this provision but they have to furnish proof of belonging to the below poverty line.
  • If the person does not complete the formalities of fees, the application would be invalid and no information would be supplied on the same.
  • If the application concerns to a different public authority it be transferred by the receiving authority within 5 days of receipt
  • The Central Public Information Officer/ State Public Information Officer is to give information or reject the request as soon as possible or within a maximum of 30 days.
  • If the request is rejected, reasons to be given by the Public Authority.
  • If the information sought concerns life or liberty of a person, it be furnished within 48 hours of receipt.

INFORMATION THAT IS EXEMPT FROM THE PROVISIONS OF THIS ACT

Another very important provision is Section 8 and 9 of the act is which provides the exceptions i.e. categories of information which is exempted from the purview of the act.

At the same time Schedule II of the Act contains the names of the Intelligence and Security Organizations which are exempt from the purview of the Act.

THE FOLLOWING INFORMATION IS EXMPT FROM DISCLOSURE I.E. WILL NOT BE PROVIDED AT REQEST OF CITIZEN:

  • Information, which is expressly forbidden by any court of law or tribunal or the dispute of which may constitute contempt of court,
  • Information the disclosure of which would endanger life, or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purpose,
  • Information, which could impede the process of investigation or apprehension or prosecution of offenders and also exempts Cabinet papers

The exemption of the organization, however, does not apply to information relating to allegations of corruption and human rights violations.

PENALITIES FOR DEAFULT IN PRVIDING INFRMATION

Penalties which are the sanction of the law are provided under Section 18 of the act. In case the public authority does not accept application, or there is unnecessary delay in furnishing information, or denies the information with a malafide intent, or gives an incomplete report, or destroys the requested information or obstructs the furnish of information in any manner would be liable to pay Rs. 250 per day up to a maximum of Rs. 25,000.

CONCLUSION

The credibility of the Right to Information Act cannot be undermined but at the same time there are some technical lacunas if not catered for immediately would leave it as a piece of legislation on paper and nothing more.

  • Firstly, the Information Commission and the concerned government are closely associated; however there is a lack of a formal mechanism of communication between them or the division of their roles.
  • Secondly, an effective monitoring process has to be in place so that no grievance of the citizens regarding the hardship endured to seek information under this act can go unaddressed.
  • Thirdly, due to increased level of awareness of the public about their right to seek information, there is an over burdening of the information requests which necessitates the inculcation of capacity building of the Central Public Information Officers or State Public Information Officers.
  • Lastly, even though there is an increase in the level of awareness of the public yet there exists scope for massive awareness programs which could reach out to illiterate and rural sections of the country.

At the end, this enactment is a first of many more steps to be taken in the direction of accountability and transparency of the workings of the government.