Information is essential for the efficient working of journalists and thus, the Right to Information (RTI) Act is one of the most useful legislations for a journalist. The RTI Act has two basic divisions the first requiring public officials to suo moto publish information pertaining to their departments and the second enabling the public to access information from a public office. The official documentary proof can be obtained by simply filing an application with a fee of Rs. 10.
1. From whom can I seek information using the RTI Act?
Answer: Information can be sought from any public authority, with certain exceptions mentioned in the Act (such as defence and intelligence related agencies). This includes Governmental, Semi-Governmental and Non-Governmental organizations which are funded substantially directly or indirectly by the Government.
Reasoning: The RTI Act was enacted in order to promote transparency and accountability in the working of public authorities. Thus, an application for information can be made to any public authority. Section 2 (h) of the RTI Act defines ‘public authority.’ It states that any authority established or constituted by or under the Constitution; by a law made by the Parliament or State Legislature or by a notification issued by the appropriate government is a public authority. Any organization which is substantially funded by the government either directly or indirectly is also included under the ambit of public authority.
Effect: All the organizations which are under the direct and indirect control of the Government (State or Center) are public authorities. Information can be sought from them. However, no application can be made to a private authority under the Act.
2. What sort of information is to be made available under the Act?
Answer: Information is any material in any form but it must already be available with the public authority or should be such to which it has access. The authority should not be required to generate the information. The RTI application should be just for seeking information.
Reasoning: The main aim of the RTI Act is to provide access to information. Thus, RTI can be used only for getting information and not for questioning the action or intention of the public authorities. “Information” as defined under Section 2 (f) of the Act means any material in any form including any document, email, samples, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, and even data material held in any electronic form. Information relating to any private body to which the public authority has access can also be sought under the Act.
Effect: An application under the RTI Act can only be used to seek information from the authority. The applicant cannot use RTI to question the activities of any authority. The definition of information under the Act is very wide. It includes information in any material or form including electronic form. Information about a private person can also be accessed if that information is with the public authority or if the authority has the power to access such information.
3. In what situations will the information recovered through RTI applications be admissible as evidence in courts?
Answer: Under Section 2 (j) (ii) of the Act, the applicant can ask for certified copies of the documents or records. This certified copy of the document giving information can be admitted in the Court as Secondary Evidence. Note that under the RTI Act, the right to information includes the right to inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under the control of the public authority. A citizen has a right to obtain information from a public authority in any relevant form including in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-outs provided such information is already stored in a computer or in any other device from which the information may be e-mailed or transferred to diskettes etc.
Reasoning: Information obtained under the RTI Act is part of the documents held by Public Authority, who are Gazetted officers. Any certified copy of a document received by virtue of RTI Act is secondary evidence according to the Evidence Act, 1872. It can be used as Secondary Evidence in Court, since it is part of the Government records and provided by Govt. Authorities, certified under Govt. Seal.
Effect: For information obtained under the Act to be admissible in Court, it is essential that a certified copy of the same is obtained. The information can become important evidence and it can be used for proving one’s stand in Court. These days the Courts are allowing information obtained under RTI as evidence in an increasing number of cases.
4. How do I ensure that I receive a response to my application?
Answer: Under the RTI Act, the person has to make a request in writing or through electronic means to the relevant officer along with the requisite fees. Thus, draft your application on a normal sheet and take a photocopy of the same. When you submit the application to the Public Information Officer, he will put a stamp on the photocopy and return it to you as a receipt. An applicant is not required to disclose his/her identity under the RTI Act.
Reasoning: It is essential to get the photocopy stamped. It will ensure that the application was submitted. It was also help to identify the date on which the application was made.
Effect: The document will have legal sanctity and the same can be used as evidence in Court.
5. What is the procedure of forwarding applications for authorities under the central government?
Answer: There are two methods of forwarding applications to the authorities under the RTI Act. The first one is sending it to the APIO. If the public authority is under the Central Government, then the application can be submitted to certain officers in post offices designated as Assistant Public Information Officers. The APIO’s then forward the application to the concerned Public Information Officer. The application has to be accompanied by the requisite fees. These APIOs will issue a receipt and acknowledgement.
The other method is via post. The RTI application can be sent through registered posts also. The post office receipt is the proof. The requisite fees have to be submitted through postal order or any other way as stipulated in the Right to Information Act, 2005.
6. Is there a uniform process of application for all the states?
Answer: No, every state has its own RTI rules and process. However, the procedure and process for filing RTI applications with the Central Government and various Central bodies is contained under the Right to Information Act, 2005.
Reasoning: There is no uniform process of application for all the states. For instance, States like Odisha have come up with prescribed form not only for seeking information (Form A) but also for approaching the appellate authorities (Form E). While in Himachal Pradesh to seek information that is spread over a period of time, separate application has to be filed for each year. In Maharashtra, an application should not be more than 150 words long. As regard the payment of fee, most public authorities accept postal orders as a mode of payment for application fee. But States like West Bengal only accept court fee of Rs 10.
Effect: Because of different rules in States, it is essential that the person should be acquainted with the procedure of the State in which the application is being filed. If the procedure is not followed, the application may get rejected and would delay the process.
7. Are English/Hindi the only languages in which I would receive a response?
Answer: No, English and Hindi are not the only languages in which the response can be provided. The reply of an application can be obtained in the local language also. Section 4 (4) of the RTI Act states that all material shall be disseminated taking in to consideration the local language of the area. Hence, it can be in the local language also.
8. Can I be denied information on the grounds that I sought it from the wrong department/public authority?
Answer: PIO might reject a RTI application if the information has been submitted to a wrong department. However, there is a duty cast on the PIOs under Section 6 (3) of the RTI Act in case the application is filed in the wrong department. The Section states that if the information has been requested from a wrong department, then the PIO is under a duty to transfer the same to the appropriate department within 5 working days from the date of receiving the application. The PIO on such transfer has to inform the applicant also.
9. Is there a deadline within which each application needs to be processed?
Answer: The PIO has the duty to inform the applicant regarding the status of the application. He has to intimate to the applicant whether the information can be provided on requisite payment or is it exempted from disclosure. This information has to be given as expeditiously as possible.
The time line for processing the application is given under Section 7 of the Act. The maximum limit is 30 days from the date of receipt of request. Where the information sought for concerns the life or liberty of a person, it has to be provided within 48 hours of the receipt of the request. If no decision is given within 30 days then it amounts to rejection of the application. Further, if the information is not given within stipulated time after fees has been paid then the information has to be given for free of charge.
10. Are there any restrictions on the sort of information that can be accessed through the RTI Act?
Answer: Yes, there are restrictions on the information that can be accessed through an RTI application.The information which is prohibited from disclosure has been provided for in Section 8, 9 and 24 of the RTI Act.
Reasoning: Section 8 contains 10 exceptions, including, (1) Information which may impair the sovereignty, integrity, security, strategic, scientific or economic interests of India; affect relations with a foreign state; incite an offence cannot be disclosed; (2) Any information which has been prohibited from publication by any court of law or tribunal or publication of which can cause contempt of court cannot be revealed; (3) Application can also be rejected if the disclosure of information results into breach of privilege of Parliament or State Legislature; (4) If the information sorted includes commercial confidence, trade secrets or intellectual property and the disclosure of which would harm the competitive position of a third party will not be divulged unless the PIO is satisfied that larger public interest warrants the disclosure of such information; (5) If the information asked is available because of fiduciary relation i.e. relation based on trust, then it will not be disclosed unless larger public interest is served by such disclosure; (6) If the information has been obtained in confidence from a foreign country then it will not be disclosed; (7) Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes is prohibited; (8) Disclosure of information which would impede the process of investigation or apprehension or prosecution of offenders is prohibited; (9) The cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers shall not be disclosed. However, the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken; (10) Personal information which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual shall not be disclosed unless the larger public interest justifies the disclosure of such information. Personal information would not include any information which cannot be denied to the Parliament or a State Legislature.
Any disclosure of the above mentioned exempted information shall be made if the public interest outweighs the harm to the protected interests.
Section 9 also lays down an exception. It states that a PIO may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State
Under Section 24 of the RTI Act security and intelligence organizations including the Intelligence Bureau, RAW, DRDO, CBI, Special Protection Group, Narcotics Control Bureau and a few paramilitary forces are exempted from providing information except when it relates to corruption or human rights violation.
11. If my application requests information, some of which is exempted from disclosure, can the entire application be rejected?
Answer: No, the entire application should not be rejected. The relevant section of the RTI Act here is Section 10. If a part of the information requested for is exempt from disclosure, then the PIO would have to give access to information which is not exempted. This is only possible if the exempted part can be reasonably severed from the rest of the application.
If an applicant submits an application where part of the information requested for is exempted under Section 8, 9 or 24 of the RTI Act then only the part which is not exempted will be disclosed.
12. Can I access information submitted by a third party to the government?
Answer: Yes, information submitted by a third party can be accessed provided the procedure given in Section 11 of the RTI Act is adhered to.
Reasoning: If there is any information given to the Government by any third party in confidence then before it is disclosed a notice has to be given to that third party within 5 days of receipt of the application. The third party would submit its viewpoint on such disclosure within 10 days from the receipt of the notice. This would be kept in mind while deciding on the disclosure of such information. The decision has to be made within 45 days from the receipt of the application for disclosure. The third party also has to be informed of the decision taken. The disclosure would generally be allowed if the public interest outweighs injury to the interest of the third party except where the information requested relates to trade or commercial secrets protected by law.
Effect: Although third party information can be accessed under the RTI Act but the same is not available as a right to the applicant. The discretion to reveal the information lies with the relevant authority after giving the third party adequate notice.
13. What do I do if I feel that some information is being withheld without adequate reason?
Answer: If the applicant feels that information is incomplete, false, or misleading then he can file an appeal to the appropriate appellate authority. The procedure for filing an appeal is explained in Question No. 14.
14. What is the procedure to be followed to move appellate authorities with respect to RTI applications?
Answer: If a person doesn’t receive an answer within stipulated time period or is aggrieved by the decision of the Central or State Public officer, he can file an appeal. Section 19 of the RTI Act states the procedure for filing the first and second appeal against the decision given.
Reasoning: The first appeal has to be filed within 30 days from the receipt of decision or when no decision is given within the time period stipulated under Section 7. The appeal is to be filed to the officer who is senior in rank to PIO who gave the decision. The period of 30 days may be extended by the officer if the appellant was prevented by sufficient cause from filing the appeal in time. If the appellant is not satisfied by the decision of the above officer in first appeal, he can file a second appeal with the Central Information Commission or the State Information Commissioner. The second appeal has to be filed within 90 days from the date on which the decision should have been made or was actually received. Both the appeals have to be disposed off within 30 days which can be extended up to 45 days from the date of filing after giving reasons for the delay in giving the decision. The decision of the Central or State Information Commissioner shall be binding.
Effect : This process of appeal itself is prescribed by the Act which provides for the RTI process. However even in cases when the Orders of the Central or State Information Commissioner are not satisfactory parties have approached the High Courts in Writ Jurisdiction challenging such orders and requesting for a disclosure of information.
ANNEXURE
Sample RTI application
Date
Public Information Officer,
Name of the Department
Address
SUBJECT: INFORMATION REQUIRED UNDER THE RIGHT TO INFORMATION ACT
Name of the applicant:
Citizenship: Indian
Applicant's address:
Particular of information required:
(Give a brief description)
Please forward the application if the information is available with any other public authority under the Union or state governments as per Section 6 (3) of the RTI Act. Certified copies of the documents be provided.
The period for which information relates:
Information be provided till the date of providing complete reply under this RTI Application and/or till the date of final disposal of this RTI application.
Description of information required:
(List the queries related to the subject)
The undersigned would, at his discretion, also like to inspect all the records (both electronic and paper records), documents/letters, communication, notes, books, book of accounts, voucher, etc. which are relied by your department and/or on the basis of which the information to the above-mentioned request is supplied/to be provided. Kindly provide the working hours of your office and the name, contact details and exact location of the record officer/other officials in whose custody the said records are available and can be inspected.
The undersigned requests you to provide extracts, copies of documents and vouchers, certified copies, electronic documents, e-mails and relevant portion/noting of any and all the documents required by the applicant after the inspection by the applicant (and/or his representative) or otherwise. During the inspection, the applicant may be allowed to take notes from the documents and seek copies of all or any of the documents available in paper or electronic format.
Other details
The information may also be e-mailed at the e-mail address (give your email ID). In case any specific information head require payment of any further fee; the rest of the information may not be withheld and be provided immediately. The complete information as requested along with the intimation about the working hours during which the undersigned can make inspection must be intimated through e-mail immediately. Inspection of the documents shall be undertaken, only if required.
By:
Name and Signature
A postal order (No. ) worth Rs 10 is attached with this application in lieu of submission fee.
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