A project report on

INTERNSHIP AT HAZARD CENTRE (NGO)

ON

A STUDY OF RTI, 2005

IN KHANPUR RESSETLEMENT
COLONY

SUBMITTED TO:
Mr. Zaheer [2010-
Ahmed
2011]
SUBMITTED BY:
MEDHA ROY
ROLL NO: 62
B.A. LLB (HONS)
M.S.U. BARODA
Table of Contents
Table of Contents...................................................................................................2
1. INTRODUCTION..................................................................................................2
1.1. SLUM............................................................................................................2
1.2. JJ CLUSTER...................................................................................................3
1.3. RESETTLEMENT COLONY.............................................................................3
1.4. EVICTION..................................................................................................... 4

1. INTRODUCTION
1.1. SLUM
According to United Nations agency UN-HABITAT, A Slum is an area that which has
following characteristics-

• Inadequate access to safe water

• Inadequate access to sanitation and others infrastructure

• Poor structural quality of housing

• Overcrowding

• Insecure residential status

For the purpose of Census of India 2001, slum areas broadly constitute:

a) All specified areas notified as ‘slums’ by state/local governments and Union Territory
administrations under any Act.

b) All areas recognized as ‘slums’ by the state/local governments and Union Territory
administrations which may not have been formally notified as slum under any Act.

c) A compact area with a population of at least 300 or about 60-70 households of poorly
built congested tenements in unhygienic environment usually with inadequate
infrastructure and lacking in proper sanitation and drinking water facilities

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In the past two decades, the number of people living in slums in India has more than doubled
and now exceeds the entire population of Britain. The government has projected total
population living in slums will cross 93 million in 2011. Many governments around the world
tried to solve slum problems by replacing it with modern houses with better sanitation. Slum
clearance often takes the form of eminent domain and urban renewal projects.

1.1.1. LEGALITY OF SLUMS: The slum areas are those that are notified under the Slum
Improvement and Clearance Areas Act of 1956. Buildings or areas that are considered to be
unfit for human habitation may be declared as slum areas under section 3 of the Act. As such
they are considered to be legal structures and are eligible for benefits under the Act.

1.2. JJ CLUSTER
JJ CLUSTERs are called as jhughi jhopri cluster. The squatter or JJ cluster settlements are
considered as encroachments on public and private lands. They are therefore seen as illegal
settlements. The historical approach towards JJ clusters had been one of clearance. This was
largely because they were seen as squatter settlements occupying land meant for planned use.

1.3. RESETTLEMENT COLONY

The results of a NCAER (National Council for Applied Economic Research, 2002) survey
suggest that resettlement colonies as opposed to slums have better access to essential
amenities. The legal recognition given to resettlement colonies makes it mandatory for the
government to ensure the provision of basic infrastructure in these settlements. The
differences between slums and resettlement colonies extend to the social and economic
sphere as well. The security of tenancy that these settlements enjoy encourage residents to
make investments in housing, health and education while at the same time the comparatively
better living conditions has also contributed to better health of the residents and thereby,
improvement in incomes.

1.3.1. BASIC SERVICES IN RESETTLEMENT COLONIES

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The displacement of the JJ clusters was done for the purpose of implementation of some
projects of public importance, which in our case is the ASIAN GAMES AND COMMON
WEALTH GAMES. Definitely, building metro lines and stadiums are the more profitable use
of such lands then to allow slums to exist on the government lands. The building of stadiums
required land and space which made necessary the displacement of these slums.

Article 21 of the constitution grants each and every citizen the Right to Life, which is being
violated by the government. This right holds no meaning without the Right to shelter and
livelihood which these slum dwellers are being denied off. There are no opportunities of
productive and sustainable employment in these colonies. Also there is education and health
related issues that go largely unattended due to lack of the facilities.

Some of the basic amenities which must be provided to people being resettled are:-

1. Water

2. Education

3. Security

4. Sanitation, which includes garbage disposal, drainage and toilets

5. Health facilities

These are the various facilities which must be provided to the relocation sites but it is
observed, that facilities something as basic as water, power, sewerage, public toilets are not
even being provided by the government. The people have to wait for years to get these basic
services. Also there weren’t any complaint cells in the periphery were the grievances of the
residents can be heard. The police was usually apathetic to their misery and contributed to it
by charging “haftas”.

Not only these, but there were also cases of thefts, robberies, extortions, humiliations to
ladies of all age, and even murder cases. People lived a life of danger with no help from the
government.

1.4. EVICTION
Eviction is an involuntary removal of people from their home against their will that brings
homelessness, deprivations and loss of economic opportunities. Forced evictions invariably

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affects socially, and economically weaker section of the society in general and women and
children in particular. Eviction is carried out in variety of circumstances and for number of
reasons, which may differ from place to place but the nature and impact remains the same
everywhere.

Eviction takes place due to many reasons. Following are the few recent reasons for the
eviction:-

• Eviction due to commonwealth game and sporting events

• Eviction due to urban renewal projects, industrial development

• Infrastructure expansion (roads, highways, ports), large “development” projects,

including dams

• Mining, environmental conservation projects

• Awarding of leases to corporations for exploitation of natural resources

• Special Economic Zones (SEZs)

Government views of eviction are that as most of the settlements like JJ clusters are
encroachment of the government property. These properties must be freed from dwellers as
and when required by the government to carry out development process. The government has
declared currently there are 114(as on Oct 2010) SEZs operating throughout India in the
following states. Additionally, more than 500 SEZs are formally approved (as on Oct 2010)
by the Govt of India. The government has made these areas free of taxes to encourage
corporate houses and other industrialist to set up their plant, which will initiate the
development process of these underdeveloped areas.

Infrastructure is the backbone of any

country. In India most of these activities are being carried out by Government of India. So for
expansion plan like roads, highways, ports development land is required. When these illegal
settlements come in the path of development process, government carries out eviction.

Opposite to the government view, Human right activist believes that forcefully removing
these settlement leads to deprivation of means of livelihood, economic loss and mental
/physical traumas etc. Sometimes the slum clearance is engineered and manipulated in such a

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manner that it looks like an accident. The most commonly used strategy to evict resident slum
dwellers is to set fire in slums. Such untold removals bring severe loss of human lives, assets,
belongings, etc. escalating the sufferings, afflictions of the resident slum dwellers. A cluster
of more than 300 small huts in Lucknow was evicted by setting fire. So government should
ensure rehabilitation for these displaced dwellers.

2. MIGRATION: PUSH FACTOR & PULL FACTOR

Push and pull factor are inversely related. One country’s push factor can be another country’s
pull factor. This is true within a country too. People look for better opportunities so they are
attracted toward some features of a area, a city, a state or a country. Emigration is a personal
choice, but defiantly there are reasons for everything, they could be as simple as wanting to
experience something new, or they could be more complex such as living the life that one
wanted but couldn’t have in their homeland or previous country, due to politics, religion,
education or work. Push and pull factors are liable to overlap, the stronger factors that help
make the choice for the majority of the people to migrate from one country to another are the
political differences, religious freedom, education and the future, as well as labor.

Push Factors which led to the migration of labours are:-

 Not enough jobs

 Few opportunities

 Primitive conditions

 Desertification

 Famine or drought

 Political fear or persecution

 Poor medical care

 Loss of wealth

 Natural disasters

 Death threats

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  Lack of political or religious freedom

 Pollution

 Poor housing

 Landlord/tenant issues

 Bullying

 Discrimination

 War/Civil War

Pull Factors which leads to migration of labours are:

 Job opportunities

 Better living conditions

 Political and religious freedom

 Education

 Better medical care

 Attractive climates

 Security

 Family links

 Industry

3. WORLD CLASS CITY

Globalization has eliminated boundaries between nations. With almost all country agreeing
to be the part of world trade organisation, fair trade among nations has lead to fierce
competition among nations. Globalization has had its impact on even the Cities. Cities today
have to compete with each other for attracting the best businesses, the best brains and also
better concessions from their governments. To do so, they have to offer something more than
their competitors, something world class.

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The Terms “World Class Cities” also are used to describe those cities that have enormous
concentrations of economic, political and cultural clout, which can be measured by things
such as:

• The number of corporate headquarters

• The size of their stock exchanges

• The presence of national and international political bodies

• Their role in music, fashion and other cultural activities.

Sadly enough, no Indian city matches up to the standards or has the requisites to be even
called a “World Class City-in the making”. The perhaps building a world class city dreams
ends before it begins. The very reason for this is the unplanned migration of illiterate people
to bigger cities which are not ready to offer sufficient support in terms of job opportunity,
basic amenities like housing, sanitation, drinking water facilities. These people lives in slum
which shatter the government dream of building a world class city.

So now question which arises in front of Indian government, how to make a world class cities
keeping in the mind of migration as most challenging issue. Following are few steps
government has initiated to strive for world class city:-

• Block Development Authority (BDA): The Indian administration provides for a

block Development Authority in-charge of a certain number of villages or population.
If these BDAs are equipped to conduct vocational training courses for the villagers,
they can solve our problem of making the villagers employable.

• Facilitating greater punctuality, reliability, accessibility and greater capacity of the

Public Transport system

• To effectively deter and tackle business crime in the City. The Government and the
Police should come out with strong guidelines against money-laundering, fraud and
other forms of economic crime.

• To Support and Promote the Competitiveness of the Business City. The government
have to continuously promote the city both nationally as well as internationally as a
Pro-business city through trade fairs, conferences, summits etc

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4. KHANPUR COLONY, DELHI

Khanpur is a resettlement colony situated in south Delhi district, on mehrauli-badarpur border

road. It was occupied by the people evicted from two slum wings, i.e., daula kuan and bina
nagar in the year of 1975. From the huge population which was evicted only 1,272 families
could get a plot for themselves. The plots which were allotted were just of 22 and a ½ square
yard. Apart from this, many of the families were left without any place to go.

The sites of relocation were the worst kinds of nightmares for the slum dwellers. Firstly, they
have to move out of their ‘homes’ with all basic amenities to a simple low-lying plot of land,
prone to flooding in the rainy months. Two days after they were shifted on those low lands,
there was heavy rainfalls due to which the people had to go through many problems.

Here, they have no shelter, no water, no toilets, no health care, no transport; the water that is
available is not portable, there were no toilets available there. Also there were no medical
services available, and no facility of education. The most heart-rending aspect of resettlement
is the loss of livelihood. The sites were the resettlement was done had no means of jobs in the
vicinity and people had to lose their jobs due to which they had to incur heavy looses on
expenditure.

Since the resettled colonies are termed as legal by the government so it must provide them
with the basic amenities. But the residents were provided with no help from the government.
The residents put out their own jhuggi’s at their own costs and lived there. Gradually, people
converted their jhuggi’s to Pacca Makans. They somehow managed their lives there. There
was also a flood at Khanpur, between the years 1976-77, but the Government extended no
help to the people of Khanpur.

Not only these, but there were also cases of thefts, robberies, extortions, humiliations to
ladies of all age, and even murder cases. People lived a life of danger with no help from the
government.

4.1. USE OF RTI BY THE RESIDENTS OF KHANPUR

Sanjha manch had organized a workshop in Khanpur, Delhi to make the residents of Khanpur
aware about Right to Information Act, 2005. They educated the people about how to exercise
the rights under the RTI act, 2005. In the workshop people were taught about what are the

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various types of information they can acquire through the use of RTI which will help in the
betterment of their lining conditions.

They were told about the different departments to be approached for their various grievances.
They were also educated about the procedure in which they can approach the government and
what steps should be taken to avail the basic services guaranteed to them. They were also told
about the basic services which they had been promised to get from the Government but have
not got any till now.

Thus, few people came forward to work for solving their problems and started the use RTI
under the Right to Information Act, 2005. When they got satisfactory replies from the
departments which helped them in solving their problems, more people came and used RTI.
Now, most of the people know about RTI and its uses and its procedures and are using it for
discharge of their basic services.

5. CASE STUDY

Khanpur was my field of study for the research, where 100 RTI’s have been filed so far. It
included RTI’s for both basic services and non- services. I took 10 cases to be studied for the
research under the services sector filed for Ration related problems. The case study of those
cases is provided below:

5.1. Case study – 1

The complainant, a resident of Khanpur JJ Cluster, Delhi, filed a RTI Application for the
inspection of following things:-

1). Stock registers of the ration shop in Khanpur JJ cluster, Delhi and R.P.S. Colony, Delhi,

2). Also wanted to know about the list of card holders of the closed ration shop in Khanpur JJ
cluster.

They received the reply of the RTI Application within 30 days. They received the list of the
total card holders of the closed ration shop with their names and address. They were also
informed about specific date and time on which they should come and inspect the stock
register of both the ration shop. They went on to do the audit and also got a copy of it.

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Through this they got to know how much ration comes in the shop. They made people of
Khanpur aware about these frauds done with them and united the residents of Khanpur. They
also filled complain about it to the Commissioner of food department.

The Commissioner of food department took the necessary actions and the shopkeeper was
caught red handed black marketing the grains. Through this activity around 1600 card holders
started getting the right amount of ration as prescribed by the government for the BPL card
holders. Residents of Khanpur JJ Cluster, Delhi became aware about the uses of Right to
Information Act, 2005 for the first time through this RTI Application.

5.2. CASE STUDY – 2

The Complainant, a resident of Khanpur JJ Colony, Delhi had filled the RTI regarding the
following grievances:-

1). He was not getting ration from the last two months,

2). He wanted to know about the correct quantity of ration provided by the government for
BPL Card Holders.

The reply of the RTI application was received within the time limit, i.e., 30 day. Through the
reply he got to get the information regarding the correct quantity of ration of the BPL Card
Holders. He found the quantity of ration which he was receiving to be very less than the
actual ration sent by the government. He further used this information for the benefit of other
people. He made other too aware about the fraud happening with them. And they also sent a
complaint to the Commissioner of the food department about the matter. Many people were
made aware and it was seen that most of them suffer the same difficulty. They went in
clusters to the Ration Shopkeeper and questioned him about all this.

Instant action was initiated against the Ration Shopkeeper by the commissioner of food
department. The Ration shop was raided and ample quantities of grains were seized being
black marketed by the Shopkeeper. The further necessary actions were also taken by the
commissioner on this issue.

The residents were satisfied with the reply against the RTI Application and also the actions
taken by the Commissioner for the issue. Late on, he started getting correct quantity of ration

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at the right time of every month. Not only did the complainant was benefitted through this but
also the other residents were made aware about their rights and were benefitted.

5.3. Case study – 3

The complainant had asked for the following grievances through h this RTI Application:-

1). The Ration shop did not open daily, untimely opening of shop, there was no fixed time,

2).the other Ration shop has been closed from 6 months,

3). R.P.S Colony Ration shopkeeper was not providing ration to the card holders.

The residents of Khanpur JJ cluster, Delhi were suffering from these problems from the last 6
months. They complained about this problem several times in the food department office but
no action were taken against the complains filed. Whenever thy personally went to complain
they were not listened by any officer and were kept on sending from one office to other
office. Later when they came to know about the RTI, they filed a RTI Application for the
problems suffered and also did receive the reply within the time limit.

The reply provided them with the requisite information regarding their problems. Since the
other Ration shop in Khanpur JJ Cluster could not renew its license, so, it remained closed
and the Card holders of that shop were transferred to the R.P.S. Colony Ration shop. The
shopkeeper ought to give them the ration as they came under his shop now.

Thus, they started getting ration from the R. P.S Colony ration shop and their grievances were
solved. This way the information which they received against the RTI turned out to be
satisfactory for the residents.

5.4. Case study –4

The complainant a resident of Old JNU Motilal Camp had filled the Application for issue of
his ration card 2 years ago. There has been no reply on his issue since then. He personally
tried to gather information about it from the offices a lot of time, but he was misguided by the
department and no information regarding the matter was given to him. He also filed many

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complains as to why his ration card has not been issued till date. Is there any lack in the
information provided or is it in the process. Or any information regarding it, but was never
replied back by the department.

He came to know about the RTI, Act in the meeting constituted in Motilal Camp. He then
filed a RTI for:-

1). Daily progress report on his application,

2). File noting on his application,

3). and, name and address of the officer concerned, to contact.

To this he received a reply within the time span of 30 days. It provided him with daily
progress report and copies of file notings against his Application for issue of ration card. It
also provided him the name and address of the officer to approach. Through this he
approached the officer and inquired about the delay in the issue of hiss ration card. And
within a time span of 2 months his ration card was made and delivered to him. So, the
information gathered through the reply of the RTI Application turned out to be satisfactory.

5.5. Case study – 5

There are around 1667 and more card holders in Khanpur JJ Cluster, Delhi. There should be
one Ration shop on every 1000 card holders. Since Khanpur has more than that so it must get
another ration shop. To this regard a case was filed in the Honorable High court of Delhi,
New Delhi. The Honorable court also ordered in the favor of Khanpur residents and ordered
the Food department to open a new ration shop there within 8 weeks. But there was no work
done on this matter by the Food department.

So, a RTI Application was filled against these problems:-

1). asking about the steps the Food department has taken for the opening of new ration shop
in Khanpur area, if any,

2). If not, then why has there been non fulfillment of the orders of the Honorable High Court
of Delhi, New Delhi.

Despite the order of the Honorable High Court 12 weeks had passed and no initiative was
taken from the food department about this issue. So through the RTI Application the residents

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of Khanpur wanted to know about the steps taken or further to be taken by the department for
the fulfillment of the orders.

But the reply which came against the RTI Application was not at all satisfactory to the people
of Khanpur. It said that the department was unable to open a new ration shop in Khanpur JJ
Cluster because of the lack in number of ration card holders. There were only 783+884 Card
holders in the area, which makes the department incompetent to open a new ration shop.
People could not understand the basis on which it divided the residents. And when the
Honorable High Court has ordered then it must have seen all the grounds and only then
ordered, so, how can the department not fulfill its orders.

The residents are planning to file a petition against this in the Honorable High Court of Delhi,
New Delhi, soon.

5.6. Case study – 6

The complainant a resident of Old JNU Motilal Camp, Delhi had filed this RTI Application
against the following grievances, which he had been suffering for a time span of 2 months,
those were:-

1). He was not able to get ration, the ration shopkeeper used to make some excuses or the
other and had not given him ration for constant 2 months,

2). He wanted to know about the procedure through which he can ask for the ration at Zila
level.

He received a reply against his RTI Application from the Food department stating the
required redressal to his complains. On his and some others RTI Application collectively for
the same ration shop legal actions were taken against the ration shopkeeper. His shop and
godowns were raided and ample quantity of ration was found kept there as black. Infact, the
residents of Motilal camp too went to the ration shopkeeper collectively and he was
questioned about these frauds.

The present status of ration is good. People are getting the correct quantity of ration and are
not being cheated. Even the ration shopkeeper makes sure; every time that there is no

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problem and every one gets correct quantity of ration. Thus, the reply against the RTI
Application was fruitful to the residents of Motilal Camp.

5.7. Case study –7

The complainant, a resident of Old JNU Motilal Camp, Delhi, had filled an Application form
for the issue of BPL Card. But the card was not made according to the required format. So he
filed a RTI Application under the RTI Act, 2005 to gather information regarding the
following purposes:-

1). from where can he get the form to improve his card,

2). Name and address of the officer, who deals with such issues,

3). How much time it will take to issue the card.

The reply was received by the aggrieved party within the time limit of 30 days with the
satisfactory replies to questions asked. He was guided on the problems related to the issue of
card. He was told about from where he could get the card and which are documents required.
He was also provided the name and address of the officer in charge who deals with card
issues.

Through the information gathered he filled the required Application and submitted. Within 2
months he got his card made in the original format. Thus the information in the reply of RTI
proved to be use to him as well as other people concerned with same issues.

5.8. Case study – 8

A RTI workshop was organized in Old JNU Motilal Camp, Delhi to make the people, there,
aware about the uses of RTI. How we can use it, what are the information we can get from it
and how we can solve our problems through the use of RTI under RTI Act, 2005.

In the meeting many aggrieved people turned up with their problems and were guided on how
to correct them. They filled RTI’s for own problems. The complainant also filed the RTI for

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his following Grievances related to basic services to be provided to everyone by the
government. The problems of the aggrieved were, as follows:-

1) He was not rice for last two months in the ration but the ration shopkeeper had
recorded in the card that he used to get it,

2) He wanted to know through whom can he get the information regarding the records of
his ration card and when,

3) Wanted to know the name and address of the officer.

The reply came within the time limit and had the satisfactory information. It guided to whom
the aggrieved should contact for the checking of his records on the BPL card. He was sent the
name and address of the officer. Actions were also taken against the ration shopkeeper for
such wrongful acts of himself. His shop was raided; goods were also seized being black
marketed. Actions were taken against the shopkeeper also.

Thus from them on, residents know their rights and are concerned towards not being cheated.
Correct amount of ration at right time is being provided to all residents and no one is being
cheated.

5.9. Case study – 9

The complainant, a 45 year old lady, resident of Old JNU Motilal Camp, Delhi had filed the
RTI seeking information under the RTI Act, 2005 for the following problems:-

1) Her jhuggi was written as ghar,

2) Her jhuggi address was also written in short,

3) She wanted to know from where she can get the Application form to correct these
mistakes,

4) She also wanted to know about the name and address of the officer in charge.

The reply to against her RTI was received within the time limit of 30 days. She was guided
on whom the officer in charge is and from where she can get the application form for the

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corrections in her card. She filled the application and within the time span inspection of her
jhuggi was done and corrections were made.

After the corrections were made, due to which she could enjoy the full benefit of ration card.
Thus the information gathered through RTI was satisfactory.

5.10. Case study – 10

The complainant is a resident of old JNU Motilal camp, Delhi. He had been suffering from
some problems for about 4 months. Those were:-

1). He was not able to get ration, and if he gets, hat was of less quantity then the correct
quantity prescribed by the government,

2). He wanted to know how many times a month the BPL card holders should get ration.

These were the problems he was suffering for about 4 months. He did not where to approach
or what to do in this matter to get his ration. Whenever he asked the ration shopkeeper he
would make some excuses and misguide him. Until, a RTI Workshop was organized in
Motilal Camp, where residents were told about the uses and procedure of RTI under RTI Act,
2005.

After that the resident filed the RTI with the help of the people in workshop. To which, he
received a reply within 30 days. He was provided the correct information regarding the
questions. He was told the right quantity of ration a BPL card holder should get and also
about how many times a month. Through this information people gathered and collectively
went for solving their grievances. They complained to the Commissioner of the Food
department. Necessary actions were taken and grievances were solved.

6. Conclusion

6.1. Introduction

“The Right to Information Act’ has become operational on 12th October, 2005. This law has
empowered Indian citizens to seek information from public authorities, thus, making the
government and its authorities more accountable and operational.

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Section 26 of the Act states that the appropriate government may develop and organize
educational programmes to advance the understanding of general public, especially
disadvantaged communities, regarding how to exercise the rights given under the Act. But it
is observed that most of the information remains with:

1). Mass media channels, and

2). Urban people

The information level is low among people of disadvantaged communities, like:

1). Women’s,

2). People belonging to OBC/ST/SC category,

3). People belonging to rural community.

6.2. Quality of information

Infact, the quality of information available to people of rural public is significantly low. T is
the duty of the government to make its people aware about the uses of the RTI Act.
Government should also educate people about how to exercise the rights under RTI Act.

While on one side, the Nodal departments have not undertaken any steps to educate people
about RTI Act, while on the other side, some SIC’s have been promoting the use of RTI Act
through seminars and workshops.

While the act is clear about defining the responsibility of the Government, with respect of this
Act, there has been lack in initiative from the Government’s side. The efforts made have been
restricted to publishing of rules and FAQ’s to websites. These efforts have been of no help in
promoting awareness about RTI in rural people.

Due to these inadequacies in promoting awareness about RTI Act and it uses, the general
aggrieved public doesn’t make full use of it. They have to suffer the problems for long period
of time till they get to know about RTI or just live like that for the rest of life. There are lots
of problems/difficulties which the rural people face when they file RTI’s.

Recent news about RTI Act has been that, the department of Personnel and training has
turned down changes suggested by draft rules to Right to Information Act by Sonia Gandhi

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led NAC. The NAC had specifically objected to two proposed changes– abating of the
proceedings before the Information Commission if an appellant dies, and limiting RTI
applications “only to one subject and 250 words”. The first change, the NAC had said, would
encourage “murder” of RTI activists, and the second, introduce an exemption which is not
there in the Act, making it particularly difficult for the poor and uneducated appellants.

Though the Government is trying to make it simpler for general public to use it but it is
lacking in the fulfillment of its most important duty, that is to make general public aware
about the how to exercise the rights under this act.

6.3. Effect of Use of RTI in resettlement areas

In the evicted and resettled areas, with the help of NGO’s people were made aware about the
uses of RTI, how to use it, what information they can gain under this Act, what services they
can ask from the Government, etc. The NGO’s organized various workshops in these
resettlement colonies and enquire about the their problems, what use can RTI be to that, how
to avail the services through RTI, how can the information gathered against the RTI
Application be used, if not, what more can be done it to. All these problems from educating
people about RTI Act it uses, how to exercise, till the time they get the services are
undertaken by NGO’s. There is no intervention from the Government side to help people be
aware.

My study of field was Khanpur JJ Cluster, Delhi. There has been different perspective’s of
RTI Act in different group of people:

1). Complainant

2). Accused

3). General public

6.4. COMPLAINANT

In layman’s language we can say that a complainant is any person who makes complains to
the concerned authority about the problems he has been facing. But in legal terminology, a
complainant is

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“Any person who in good faith makes an allegation of research misconduct, and brings
lawsuit against the accused”

At first, when the NGO’s approached these resettled areas they inquired with them the
various problems they had been facing from time. They later educated them about the rights
under The Right to Information Act, 2005. They educated them about the various services
which they must avail from the Government on being resettled. People were made aware
about the wrongs/ frauds happening to them and what necessary action they must take. They
were encouraged to file RTI for those problems.

The people who filed the RTI Applications are the complainants for the various problems
related to basic services which ought to be provided to them. At first it was just the guidance
of the workshops which encouraged them to file RTI’s for their problems. Later on, when
they started getting TIMELY response from the departments and all necessary actions were
taken to solve their grievances, they felt encouraged. This builded hope in them to fight for
their rights as well as for others. They wanted to acquire all the knowledge about the services
which they should get, the problems or frauds they were facing or of others. They were ready
to fight for their rights. Many hindrances came up in form of threats from accused or
misleading information’s from authorities but they fought for their problems until and unless
they were solved.

People who had gained the knowledge about RTI and who had filed RTI and had strong
Experience about formed up groups at colony levels, so, that they can help the other
aggrieved too.

6.5. ACCUSED

Accused can be defined

“Any person charged with a crime, done intentionally or unintentionally”

Through the research we came to know that the accused are the persons who either fraud with
the people in discharge of their duties towards or them or mislead them. Like the Ration
shopkeeper, the various departments for the supple of water, electricity, etc. These do not
discharge the basic services in the resettlement colonies. These resettled colonies were

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evicted and resettled to legal lands. It is the duty of the Government to discharge all the basic
services to the residents of legal lands. Basic services like, ration, water, electricity, toilets,
lands, proper sewerage system, etc. but none of these were provided at the time when they
were resettled.

People filed RTI for the problems which they faced and thus the accused were known and
actions taken. Initially, the accused used to not take these seriously that people would be so
aware about RTI. The accused tried to threaten people by not giving ration, by threating them
do some physical harm, etc. but the people stood against it. And finally, they gained the
requested information and even complained to the Commissioner of Food department about
the frauds done with them. If it not had not been the TIMELY intervention of the legal
actions taken against these problems, the services would not have been provided so easily.
Now the accused have fear of the people and their awareness about using RTI, which stops
them from doing frauds to people. They fear the consequences of the RTI and actions taken
against them.

There was a very interesting case about the change in the mindset of accused in Khanpur
colony. The Ration shopkeeper of R.P.S Colony was not giving the right quantity of ration to
the people at the right time. So the aggrieved people jointly approached him and forced him
to the Food Commissioner’s office, where the accused apologized to people and even
guaranteed them discharge of right quantity of ration at right time.

So we can see that the accused have fear in their minds regarding the RTI and its use done by
the people. If the replies were not received within the time and had there been no legal
intervention of the department concerned against the wrong doers, neither the wrong would
have stopped nor would the people have received any services.

6.6. GENERAL PUBLIC

There was also a change in the mindset of the general public who were neither the
complainant nor the accused. It does not mean that there was no wrong done to them, but
either they had no courage to stand against the wrongs or they feared the threats of the
accused. There can also be one more perspective to this, that, the people had no faith in the
Government that they would help them.

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But once the other complainants got timely replies from the departments and actions were
taken against the wrong doers, this boosted courage and hope in people to stand against the
wrongs done to them. Now, at the present scenario, everyone is aware about the services
which they should get and all have the courage to stand against the wrong, not just to oneself
but against others too. They have information as whom to approach for the wrong done to
them and get the services back. They know the full use of the rights given under The Right to
Information Act, 2005.

The most important reason for boosting the confidence and hope in general public to stand
for wrongs done to them is the TIMELY discharge of information against the RTI
Applications and necessary legal actions done against the wrong doers. If it would not have
been the case, the perception of people would not have been changed and they could not their
basic services.

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