What is it?

r2ir2i

Narayan Varma

Words of Wisdom…Words of Wisdom…

The real Swaraj will come not by The real Swaraj will come not by

the acquisition of authority by a the acquisition of authority by a

few but by the acquisition of few but by the acquisition of

capacity by all to resist authority capacity by all to resist authority

when abused.”when abused.”

-Mahatma Gandhi-Mahatma Gandhi

Narayan Varma Narayan Varma 11

Preamble: to the RTI ActPreamble: to the RTI Act ““Whereas Democracy requires an Whereas Democracy requires an informed informed

citizenrycitizenry

and and transparencytransparency of information of information

which are vital to its functioningwhich are vital to its functioning

and also to and also to contain corruptioncontain corruption

and to hold Governments and their and to hold Governments and their

instrumentalities instrumentalities accountableaccountable to the to the

governed.”governed.”

Narayan Varma 2

Democracy In absence of Informed citizenry

transparency & accountability

off the people

buy the People

far the People

Is

2ANarayan VarmaNarayan Varma

Dr. Manmohan Singh (P.M. of Dr. Manmohan Singh (P.M. of India) said…India) said…

““I believe that the passage of this Bill will see the I believe that the passage of this Bill will see the

dawn of a new era in our processes of dawn of a new era in our processes of governance,governance, an era of performance and efficiency, an era of performance and efficiency, an era which will ensure that benefits of growth flow an era which will ensure that benefits of growth flow to all sections of our people, which will eliminate the to all sections of our people, which will eliminate the scourge of corruption, which will bring the common scourge of corruption, which will bring the common man’s concern to the heart of all processes of man’s concern to the heart of all processes of governance, an era which will truly fulfill the hopes governance, an era which will truly fulfill the hopes of the founding fathers of our Republic.”of the founding fathers of our Republic.”

- In His Speech in Parliament on May 11, 2005- In His Speech in Parliament on May 11, 2005

Narayan Varma3

United Nations General Assembly’s Resolution

(in its first session in 1946)

Freedom of Information is a fundamental human right

And

The touchstone of all freedom to which the UN is consecrated

4Narayan Varma

History of RTI

Freedom of Information laws have existed since Freedom of Information laws have existed since 1766, when Sweden passed its Freedom of the Press 1766, when Sweden passed its Freedom of the Press Act, granting public access to government documentsAct, granting public access to government documents

The US passed the Freedom of Information Reform The US passed the Freedom of Information Reform Act in 1966Act in 1966

Today RTI is operating in more than 82 countries in Today RTI is operating in more than 82 countries in the world. More than 20 countries are marching the world. More than 20 countries are marching towards legislating comprehensive laws to facilitate towards legislating comprehensive laws to facilitate access to informationaccess to information

International

Narayan Varma 5

In 1996, the draft Bill under the name of the Freedom In 1996, the draft Bill under the name of the Freedom of Information Bill was submitted to the Government of of Information Bill was submitted to the Government of India. It became the Act in 2002,but never was notifiedIndia. It became the Act in 2002,but never was notified

Meantime, many states made their own RTI Act: Tamil Meantime, many states made their own RTI Act: Tamil Nadu (1996) Rajasthan & Karnataka (2000) Delhi Nadu (1996) Rajasthan & Karnataka (2000) Delhi (2001) Assam & Maharashtra (2002) Madhya Pradesh (2001) Assam & Maharashtra (2002) Madhya Pradesh (2003) Jammu Kashmir (2004)(2003) Jammu Kashmir (2004)

On June 15th, 2005, President APJ Abdul Kalam gave On June 15th, 2005, President APJ Abdul Kalam gave his assent to the National Right to Information Bill his assent to the National Right to Information Bill 20052005

The Act became operative from 12th October, 2005The Act became operative from 12th October, 2005

History of RTI in INDIA

Narayan Varma 6

The RTI Act is a tool helping to ensure rights already promised

in the Constitution

Article -19- Right to freedom of speech

and expression.

Article -21- Right to life and liberty.

“ One man’s freedom of Information is another man’s invasion privacy “.

Narayan Varma 7

What does “Information” cover [section 2(f)] ?

Records

Documents

Memos

Emails

Opinions

Advices

Press Releases

Circulars

Orders

Log Books

Contracts

Reports

Papers

Samples

Models

Data Material in any electronic form

Narayan Varma 8

What is NOT open to disclosure [section 8,items 10]

Any information 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.

Personal information

Information held in fiduciary relationship

LARGER PUBLIC INTEREST overrides many items of exemption

Includes

Narayan Varma

9

Form of Application:

1. Full Name of the Applicant

2. Address

3. Particulars of the Information required: i Subject matter of information ii The Period to which information relatesiii Description of the information requirediv Whether information required by post or in person?V In case by Post: ordinary, registered or speed post?

4. Whether the applicant is below poverty line:

Date: Signature of the applicantNarayan

Varma10

Annexure A

• Form A or even letter will do, even oral request can be made

• Make it focused, precise and brief

• No reason to give for seeking the information (Section 6(2)

Application Procedure ….

Narayan Varma 11

Application Procedure

• Application fee has to be reasonable, It varies : Rs. 10, Rs. 20, Rs 50 ……...

• Pay by Postal order / Court fees stamp or as prescribed in the rules

• One gets response normally within 30 days

Narayan Varma12

Other significant provisions Other significant provisions of the RTI Actof the RTI Act

• Commissions : Central & statesCommissions : Central & states

• Two appeals, order of CIC / SIC finalTwo appeals, order of CIC / SIC final

• Complaints to CIC / SIC, Penalty on PIOsComplaints to CIC / SIC, Penalty on PIOs

• suo motu disclosuressuo motu disclosures : : Provisions of Section 4 Provisions of Section 4

• Exclusions of certain organizations from the Exclusions of certain organizations from the application of the RTI Act application of the RTI Act

(Sec 24 & the second schedule)(Sec 24 & the second schedule)

13Narayan Varma

END & BEGININGEND & BEGININGI hopeI hopeYou are motivatedYou are motivatedto become an active user ofto become an active user ofRTI Law and benefit you and RTI Law and benefit you and society and become catalyst for society and become catalyst for better governance of our country.better governance of our country.

MANY THANKSMANY THANKS NARAYAN VARMANARAYAN VARMA

14