Legal Aspect of Business

Esha Grover (80) Ashish Periwal(81) Ila Agarwal(82) Ayush Bhandari (84) Mandeep Gill(85) Nishant Bansal(86) Fahim Talmeez(104)

RTI- a base for new democracy!!

Definition
The Right to Information (RTI) Act is a law enacted by the Parliament of India to provide for setting out the practical regime of right to information for citizens to promote transparency and accountability in the working of every public authority

 It was passed by Parliament on 15 June 2005 & came fully into force on 13 October 2005. Applies to all States & Union Territories of India, except Jammu and Kashmir, which is covered under a State-level law.

Contd
Prior to the Act being passed by the Parliament, the RTI Laws were first successfully enacted by the state governments of Tamil Nadu (1997) Goa (1997) Rajasthan & Karnataka (2000), Delhi (2001) While the Delhi RTI Act is still in force, Jammu & Kashmir has its own Right to Information Act of 2009.

RTI is the Basic Human RIGHT

From an educated man to an illiterate villager, everybody has the right to know how the government he or she voted to power is performing. The people of India have a right to know every public act, everything that is done in a public way, by their public functionaries. We are entitled to know the particulars of every public transaction in all its bearing

If it is fundamental right, why information is refused.?

Government machinery is large, complicated, powerful, corrupt and inefficient & personnel want to protect their dealings under a cloak of secrecy. People do not know that they are entitled get information; hence they do not demand information. They are refused, they do not insist on asserting their rights. Colonial laws such as the Official Secrets Act, the Indian Evidence Act and the Civil Services conduct Rules help suppress information and levy a bar on providing information to the people.

Why is there a Need to Know?

Article 19(1) A of the Constitution of India provides the right to freedom of speech and expression to its citizens. This was included in the fundamental rights with the intention of building a coherent environment democratic set up. The right to freedom of speech and expression was incomplete without information. Unless the people have complete, factual , updated and primary information about the government machinery, it is not possible to think of having any useful change or even fight for the rights .

Why is there a Need to Know?

The lack of access to information on Government policies, programmes, schemes, benefits & deliveries makes corrupt practices thrive. When corruption siphons off amounts from employment guarantee, unemployment or disability benefit, misdirects public funds for service delivery or delays pension and social security payments. Poor who suffer the most. Freedom of information can be a potent tool to prevent and fight corruption.

Who Is Covered Under The Act..?

The Central RTI Act extends entire country except Jammu & Kashmir. All bodies owned ,controlled & financed by government are covered. Central Public Information Officers or State Public Information Officers.

Powers
The Act empowers applicant citizens to Obtain copies of permissible governmental documents. Inspect permissible governmental documents. Inspect permissible Governmental works and obtain samples. The Act relaxes the Official Secrets Act of 1889 which was amended in 1923 and various other special laws that restricted information disclosure in India. In other words, the Act explicitly overrides the Official Secrets Act and other laws in force

Other Ways
Information can be sought on the followingWe can demand: 1. Samples of materials used for the construction of roads, drains and buildings etc. 2. Inspection of any social development work, work in progress or information related to any completed work. 3. An inspection of government documents, maps for the construction, registers and records. 4. Information related to the progress made on any complaint filed by us in the recent past.

Impact On Indian Society

Greater Transparency
Ensuring maximum disclosure of information regarding government rules, regulations and reports including decision making processes, public authorities are mandated to maintain all its records duly catalogued and indexed. Public authorities are therefore expected to make pro-active disclosures through publication of relevant documents, including web-based information.

Promotion Of Citizen-Govt Partnership

The principle of partnership is derived from the fact that people are not only the ultimate beneficiaries of development, but also the agents of change. The stakeholders participation leads to better projects and more dynamic development.

Greater Accountability
This means the Govt. is required or expected justify actions or decisions it undertakes. If anyone isn't getting the benefits of Govt. policies then he/she can make use of RTI. Govt policies like: Mid day meal Sarv Shiksha Abhiyan National Rural Employment scheme Indira Avas Yojna(Shelter for poor) Drinking Water Scheme

Empowered Citizens
There is significant quantitative and qualitative improvement in the delivery of public services. For instance, disclosure of information relating to: Attendance of staff in schools has helped in checking teachers absenteeism & students drop out; Attendance of doctors & nurses at primary health centres has led to improvement in health care facilities in rural areas The supply and demand for petroleum products, such as, domestic gas has reduced black marketing;

Reduction In Corruption & Poverty Alleviation

Recognizing the significance of right to know for ensuring free flow of information and good governance, the RTI Act exempts the poor from payment of fees of Rs.10/- for seeking information. The information is to be furnished within the stipulated period of thirty days, failing which penalty may be imposed. RTI has reduced the corruption to a great extent as Govt. knows that it could be questioned & asked any type of question

Examples !!

Live Examples & Cases

SEWA is an organization working for womens empowerment. SEWA runs a programme where a Daai Training Programme.(safe delivery training program with incentives) For years, the Daai womens payments were not released. They applied under RTI, asking for reasons behind the delay in payment. The payment of Rs. 1.6 lakh was immediately released subsequently within a week.

Public Distribution Scam In Assam

In 2007, members of an anti-corruption nongovernmental organization based in Assam, the Krishak Mukti Sangram Samiti, filed an RTI request that revealed irregularities in the distribution of food meant for people below the poverty line. The allegations of corruption were probed and several government officials arrested.

Adarsh Society Scam

The applications filed by RTI activists like Y. Anandji and Simpreet Singh in 2008 were instrumental in bringing to light links between politicians and military officials, among others. The 31-storey building, which had permission for 6 floors only, was meant to house war widows and veterans. Instead, the flats went to several politicians, bureaucrats and their relatives. Scandal led to the resignation of Ashok Chavan, the former chief minister of Maharashtra & officials are also under the scanner.

Ration Card Case Of Allahabad

In Ghara Katara Village of Shankar Garh block on Allahabad: The daily wagers had tough time arranging the daily meals because they didnt receive their ration cards. On December 19 2006, some 21 villagers prepared RTI applications & questioned the administration. The very next day all the ration cards holders got their rations

The Right to Information Act and Exemptions from disclosure of information

Exclusion From RTI

Central Intelligence and Security agencies specified in the Second Schedule like IB, Director General of Income Tax Investigation, RAW, Central Bureau of Investigation (CBI) Directorate of Revenue Intelligence, Central Economic intelligence bureau Narcotics control Bureau ,

Exemptions from Disclosure of Information

Exemption from disclosure of information There shall be no obligation to give any citizen(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.

Exemptions from Disclosure of Information

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court. (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature.

Exemptions from Disclosure of Information

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) information received in confidence from foreign Government

Exemptions !!
(f) Information which relates to personal matters, the disclosure of which has no bearing on any public activity or interest. (g) information which would impede the process of investigation or apprehension or prosecution of offenders

Penalties Under The Act

As per Section 20(1) of the RTI Act, the CIC or the SIC, has the powers to impose a penalty on the PIO, while deciding on a complaint . Penalty can be imposed, if the PIO has: Refused to receive an application Not furnished the requested information within 30 days of receiving the application Malafidely denied the request for information Knowingly given incorrect, incomplete or misleading information Destroyed information which was the subject of the request Obstructed in any manner, in furnishing the information

Penalties Under The Act

If concerned PIO does not provide information in time, he is penalized with Rs 250 per day of delay . If the required information provided is malafide, a penalty of maximum 25,000 can be imposed. On rejecting the application for malafide reasons the fine is deducted from the officers personal salary

Suggestions
Complainant/ appellant should specifically include the prayer or relief sought in his Complaint, in case he wants the CIC or the SIC to impose penalty under Section 20(1) or recommended disciplinary action under Section 20(2). As well as give justification for seeking compensation and the amount of compensation sought.