Right to Information by JAWAB

8/11/2019 Right to Information by JAWAB

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Right to information

awab

An Interference Group underChaitanya


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Aboriginal enquiry to RTI


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Being Human

Forms: Bio logical /Psycholo gical / Social

What makes human humane?Soul / Emo tions / Ski l ls /

Intel l igence / Cho ices

Rationale of rationalityChoosing more over less - rationalChoosing less over more - social rationale

He who sees all beings in his own self And finds the reflection

Of his own self in all beings Never looks down upon any body.

(Yajurveda 40/3) (1000-600 BCE)

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Justice Revisited (Manu Smriti)

A king who properly inflicts (punishment), prosperswith respect to (those) three (means of happiness); but

he who is voluptuous, partial, and deceitful will be

destroyed, even through the (unjust) punishment

(which he inflicts). [v.7.27.]

Punishment (possesses) a very bright lustre, and is

hard to be administered by men with unimproved

minds;it strikes down the king who swerves from his

duty, together with his relatives. [v.7.28.]


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Pro-claimers

AshokaChaitanya

Rousseau

Code of hammurabi

MagnacartaUnited Nations

HUMAN RIGHT not only of protection from state.

Life, dignity, freedomEach breath, each step is a human right.Human possess unique powers of intellect.

Knowledge makes human beings what they are.


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Right To Information


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The Ignorance

The sufferingthatignorant men inflict upon

themselves can hardly

be caused even by theirenemies.

Dearth of knowledge is

dire destitution.Other forms of poverty,the world deems lessimpoverishingThirukkural

verses 843, 841


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Know You Must.

Truthabout the ACTIONmust be known.

Truth about the INACTIONmust be known.

Truth about thePROHIBITED ACTIONmust be known.

Mysterious are the waysof ACTION.


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Answers Are There

Ask

and it shall be given to you;

Seek

and you shall find;Knockand it shall be opened unto you.

For every one that asketh

receiveth;

and he that seekethfindeth;and to him that knocketh

it shall be opened

Matthew7:7-8


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Human Conscience

Thirst of Knowledge Cause of Development

Cause of conflicts

Evolved secrecy

Logic and Reasoning Prashna Vidhan Kasmai Devaya Havisha Vidhem?

(What God to Worship?) (Rig-veda)

Yaksha Prashna (Mahabharata) and others.

Extent of labour and risk for Knowledge? Wealth (Amrapali) Health (Charak)

Life (Alchemists)

Have we earned an intrinsicright to quench our thirst to know all?


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Risks with Information

Is there any Information you would offer yourlife for?

Is there any information you would rather like

to forget or live without?

With Open Eyes

There Lie All The Risks

Of Falling, Failing,

Flailing And All


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Information And Communication

Information as Content Carried with communication (each form)

Creates ability to receive further communication.

Initiates the chain of civilisation.

May be polluted with Bias, Propaganda, Fallacy,

Degeneration, Half-info, Non-info etc.

Has to pass through numerous barriers.

Information as feed-back Every question gives the personality of recipient.

Question itself are feedback of perpetual communication.

Pointer to development.

Data to modify actions and communications.


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All to know

Socrates and his five indictments.

Galileo and works towards truth.

Mahatma Gandhi experimented withtruth.

WhyTo Know

?To Tell Everyone


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Philosophy of Right To Information

1. Public owns Govt.

2. Accountable Bureaucracy.

3. Transparent Actions.

4. Answerable System.

5. Friendly to Poor.

6. Public Servants concept.

7. Tool for Moral Cleaning.

8. Support against Political Pressure.


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Concept of Information

Information is Guidance. To think.

To act.

To consider.

Contains Usability.

Imparts Satisfaction.

Multiplies itself. Information is POWER.

Potent Objective Willful Earnest Responsive


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Right means what?

No Wrong Possible with a Right.

Control & Will vested into Holder of Right.

Contains Authority. Confers subsidiary and complementary

powers to materialise the rights.

Not to bring any duty. Can be limited only in Extraordinary

Situations with reasons stated or inherent.


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Right To Information: WHY?

To Cure: Lack of Transparency.

Lack of Accountability.

To Develop: Towards better Democracy.

For optimum use of resources.

To Justify: International scenario.

Inherence with Freedom of Expression.

Information as outcome of public money.


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Why An Act?

International obligation to article 19 of

ICCPR (International Covenant on Civil and

Political Rights). SC ruling about RTI inherent with Right to

Freedom of Speech and Expression in

Article 19 of Indian Constitution. (State of

UP Vs. Rajnarayan)

Subsequent rulings linking RTI to Right to

Life (Art. 21, Constitution of India).


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Origin of Free Information

In 1946 the United Nations General

Assembly passed one of its very

earliest resolutions. It stated this: Freedom of information is a fundamental

human right and then touchstone of all

freedoms to which the United Nations is

consecrated.

That is a very large claim. What do you

think the UN meant in that resolution?


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Origin (Cont)

Chronology of FOI laws

Sweden 1766

Colombia 1888

Finland 1951

U.S.A 1966

Denmark, Norway 1970

France 1978

Australia, New Zealand 1982

Canada 1983

So far, 70 countries have passed FOI laws.


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Origin (Cont)

240 years ago , Sweden passed the first freedomof information law in the world. principally sponsored by a Finnish clergyman Anders

Chydenius , inspired by the humanist Confucian philosophy

and the fact that Chinese emperors were expectedto:

admit their own imperfection as a proof for their

love of the truth and in fear of ignorance anddarkness.

Origin of openness not in West, but in the East.


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Path that led to RTI Act,2005

23.12.2004 the RTI Bill introduced in the LS.

11.05.2005 Loksabha passed the RTI Bill.

12.05.2005 Rajyasabha passed the RTI Bill. 15.06.2005 The President gave assent to the

Act; few provisions came in force.

21.06.2005 RTIA published in the Gazette of

India, Part II, Sec.1 Ext.No.25. 12.10.2005 RTIA came fully into force.


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Supreme Court on RTI

Bennett Coleman v. Union of India, AIR 1973 SC 60.

State of UP v. Raj Narain, (1975) 4 SCC 428.

S.P. Gupta v. UOI, AIR 1982 SC 149.

Secretary, Ministry of I & B, Government of India v Cricket

Association of Bengal (1995) 2 SCC 161

Peoples Union for Civil Liberties v. UOI,2004 (2) SCC 476.


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RTI Contributes

less corrupt & healthier society.

society that is free from hunger, &where environment is respected.

fundamental human rights andprivacy respected.

country more secure, moredemocratic.

government more efficient.

better decision-making.

economy to be more efficient.

individuals to be better treated frominstitutions. What More???


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The New Demands

Right to blow the whistle The people who know best are insiders. Information

released to the public may not be the whole truthit maynot even be the truth at all. Particularly in cases whereserious mismanagements are taking place.

It is important that the right to information shallinclude the right of officials to make publicinformation about wrongdoing in their own

institutions. A Whistle Blower Clause

or a separate Act is called for.


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The Magsaysay Triad

MKSS (Majdoor Kisan Shakti Sangathan) Aruna Roy initiated a demand of RTI over NREGA muster

rolls.

Organised Public hearings (Jan Sunwai).

Parivartan (Sampoorn Parivartan, KABIR) Arvind Kejariwal took up the cause in DELHI.

Resolved many Issues with CIC.

NCRTI (Campaign mode of NCPRI) Sandeep Pandey from ASHA trust took it as a tool.

Keeps watch over RTI issues on commission level.


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The Expansionists

Development of various formal and non-formalgroups enthused by success stories pouringout.

The Media lead: (Apart from Internet) Janane ka Haq (DD News). Ghoos Ko Ghoonsa (Hindustan).

Assigned RTI beat in every media house.

Haq Hai Hamara started as Community TVExperiment, the first of its kind in India.

Cablecasted in 14 Cities of Bihar. Developed into Interference enterprise as JAWAB.

Wathchdogs still counting numbers.


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Right To Information Act, 2005.


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Preamble as Guide

An Act to provide for setting out

thepractical regimeof right to information for citizens to secure access

to information under the control of publicauthorities, in order to promote

transparency and accountabilityin the working of every public authority,

the constitution of a Central InformationCommission and State Information Commissions

and for matters connected therewith

or incidental thereto.


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Preamble Explains All

Whereas the Constitution of India has established democraticRepublic;

And whereas democracy requires an informed citizenryandtransparency of information which are vital to its functioning and also to

contain corruptionand to hold Governments and theirinstrumentalities accountable to the governed; And whereas revelation of information in actual practice is likely to

conflict with other public interestsincluding efficientoperations of the Governments, optimum use of limited fiscalresourcesand the preservation of confidentiality of sensitive

information; And whereas it is necessary to harmonise these conflicting interests

while preserving the paramountcy of the democraticideal;

Now, therefore, it is expedient to provide for furnishing certaininformation to citizens who desire to have it.


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Information Includes

Any material in any form.

including records, documents, memos, e-

mails, opinions, advices, press releases,

circulars, orders, logbooks, contracts, reports,papers, samples, models, data material held

in any electronic form.

Information relating to any privatebodywhich can be accessed by a public authority

under any other law for the time being in

force;


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Defini t ions



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Who is PIO?

Every public authority shall, within onehundred days of the enactment of this Act,

designate as many officersas the

Central Public Information Officers or StatePublic Information Officers, as the case maybe,

in all administrative unitsor offices under it as

may be necessary to provideinformationto persons requesting for theinformation under this Act.


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Duties of PIO

Receiving Applications for information (Any Dept.,Any Subject)(5.2)

Rendering All reasonable assistance to theapplicant in preparing application. (6.1.b)

Dealing With the applications. Transfer to suitable PIO or SIC or CIC. (6.3)

Communicating the information within timeframe.

Calculating cost of information and conveying it withinthe time frame to the applicant.

Reject the application with communication givingreasons straight from section 8 or section 9. (7.1)

Keeping track of Proactive disclosures.

Pleading for public authority to SIC/ CIC.


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Powers to PIO

Demanding assistance from any other

officer for proper discharge of duties.(5.4)

Transfer the duties of PIO over the

officers from whom he seeks information.

Transfer the application to other public

authorities within five days, who are more

closely concerned.

Deciding the extent of revelation and

segregating the information not to bedisclosed.

Take all necessary action in good faithto

ensure the information to be given.


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Application Rules

No more askance in application except the contactdetails.

Reason for demanding information cant be asked.

Language : English/Hindi/Official language of thearea.

Written or Electronic application.

No rejection apart from section 8,9.

Max. Time to reply: 30 days from receipt.

Time only 48 hours for information affecting life and

liberty of a person. No cost of information to be levied if time limit not

adhered. (After 30 days, information is free)

NO Reply within time is deemed rejection.


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Application Rules (Contd)

Communication of cost of information shallcontain the details of calculation.

All decision by the PIO must illustrate his right totake such decision and the details of appellateauthority.

No Fee is to be charged from persons BelowPoverty Line (BPL).

Information shall be in the form as demanded by

the applicant. If that is not detrimental for the security of records.

If that doesnt diverts the resourcesdisproportionately.


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Proactive Disclosures

4.1.b contains a list of 17 manual to beprepared and regularly updated by everypublic authority.

Should be ready now. (Initially 120 days allowed)

Make task of PIO easy. Demand regular updating.

Establish internal check over routine affairs.

Save the public resources.

Communicate transparency.Always in demand by NGOs and Socially

active groups. Better image of Govt.


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Exemptions from disclosure

Information shall not be given if it is: (Sec.8.1)

Detrimental for state. Leading to incitement of an offence.

Expressly forbiddenby court of law.

A breach of parliamentary or SL privilege.

Violating trade secret/ intellectual property unlesspublic interest involved.

Confidential with foreign govt.s.

Detrimental to anyones safety and security.

Hurdle in prosecuting for offences.

Cabinet papers yet in process.

Invasion of individual privacy exceptfor public interest.


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Exemptions from disclosure

The Key is:

Any information not to be denied toparliament shall not be kept away

from an individual. Public interest overridessection 8.1 along with officialsecrets act, 1923.

After a period of 20 yearsALLinformation shall come underpublic domain.

Computation of this 20 years time as per the decision of centralgovernment.

Section 9denies the disclosure of information involving aninfringement of copyrightsubsisting in a person other than state.


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Provision of Appeal

The appeal may be filed if: The information is not satisfactory.

The cost of Information is inappropriate.

The rulings of the act are disobeyed or overlooked.

The applicant, if not satisfied with the decision of PIOmay file an appeal before a designated first appellateauthority.

Appeal may be filed only within 30 days of receivingthe reply from PIO or the last date set for it.

An Appeal shall be duly heard within 30 daysor atmost within 45 days with reasons in writing and theapplicants view along with that of PIO shall bematched to justice.


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Second Appeal

Second Appeal before SIC or CIC may be filedagainst the decision of first appellate authority.

Second Appeal shall contain the full details ofapplication and the first appeal.

Normally PIOs are called to reason with the applicantunless the applicant expressly confers his grievancesto the first appellate authority.

Commission are to hear complaints too apart fromthe appeals. Complaints are directly made to

commission regarding any breach of the Act.

Must be filed within 90 days of receiving the decisionof PIO or the last date set for it.(120 days from appl.)


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Information Commission

Quasi judicial body.

Holds full procedural rights of a civil court.

Autonomous decision-making.

Comprises 1 Chief commissioner and lessthan 10 commisioners.

SICs and CIC are not in concurrent

jurisdiction. CIC may establish offices anywhere in indiawith previous permission of Central Govt.


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IC : Functions

Receives complaints and inquire: Regarding absence of PIO/ Denial to receive or

transfer applications by PIO.

In denial of access to information.

Into NO response within the time limit.

Unreasonable fee.

Incomplete/Misleading/False Information.

Other cases of unwanted secrecy.

Receives and inquire into Second Appeals. Has to Present a report annually to the

appropriate govt.


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IC: Powers

Can Demand ANY Record from any Publicauthority.

May Order Public Authorities: TO inform in a particular form.

To appoint APIO and PIOs.

To change the record keeping procedures.

To publish certain category of information.

For training of officials on RTI. And DemandAnnual Report of Compliance toward RTI.

To Compensate the complainant for losses.

Impose Penalty upto Rs.250 per day of delay toa maximum of Rs.25000/=

Recommend disciplinary action under servicerules.


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Role Of the Appropriate Govt.

Put the report of IC to the legislation and takeappropriate actions in light of it.

To train and educate masses specially weakersections about the act.

Encourage Public authorities to do the same.

Training of PIOs.

Preparation of a comprehensive guide to RTI.

Preparation and updating of a manual to RTIcontaining a detailed directory of PIOs.

Make rules to provision of act without prejudice to thegenerality of the foregoing power.

Conflicts to be resolved by Central govt.

All rules made must be put before legislation.


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Some Special Sentences

No suit, prosecution or other legal proceeding shall lieagainst any person for anything which is in good faithdone or intended to be doneunder this Act or anyrule made thereunder.

The provisions of this Act shall have effectnotwithstanding anything inconsistent therewith contained in theOfficial Secrets Act, 1923, and any other law for the time beingin force or in any instrument having effect by virtue of any lawother than this Act.

Nocourt shall entertain any suit, application orother proceeding in respect of any order made under this Actand no such order shall be called in question otherwise than byway of an appeal under this Act.


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A Second Schedule

A few security agencies are kept outsidethepurview of this act and this list can be altered by thegovt.

List contains NSG, IB, R&AW, Assam Rifles etc.

Gives an override to Corruption charges andHuman Rights Violations.

Residuary institutions left open.

This ensures secrecy of information of sensitivenature.

Gives a new secrecy regime. Puts a blanket between Nation and State.


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Legal Barriers

Official Secrets Act, 1923. Calls for secrecy about government works.

Prohibits Transparency.

Indian Evidence Act, 1872.

Civil Servants Code of Conduct Rules, 1968.

All these acts are overridden by RTI Act.


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Lack of Orientation

Corruption has become a system.

Applicants confronted by: Corrupt bureaucrats.

Beneficiaries of corruption in society

Foul play creates a wrong gainer and a right loser.

Acceptance of corruption as routine gives the wrong gainer asocial edge.

Corruption flows to legislation and the elector. Politicians too are athreat sometimes.

Low level politics has fallen to criminalisation or has turned intobeneficiary of corruption.

Officers popularly take this act as a slashing of theirrights and not an enhancement in their citizen rightswhile they too fall prey to corruption in other places.

Proper Orientation and exercise of will is warranted.


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Debate: Pro-Secrecy complains

Makes it tough to work. Wastage of meager

resources.

Pushes for inappropriatedecision-making.

Blackmail by malevolentapplicants.

Numerous trivialapplications.

Restricts freedom ofofficers.

Sandwiches betweencitizens and politicians.


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Debate: Pro-FOI logics Resources belong to

people.

Make decisions easy andreasons handy.

Applicant is not malevolent.

Only a wrongdoer canreceive the blackmails.

Proactive disclosuresreduces trivial applications.No matter is trivial to a

needy person.

Increases transparency &fixes responsibility.

Curbs culture of corruption.


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Devised Escapes Backdating of Replies.

Adhering to words of application under RTI and notproviding information really meant.

Sending envelops containing blank papers as reply.

Giving a very high cost of compilation of information.

Proactive disclosures not prepared. Charges applicant for malicious intention.

Calling applicant for information/hearing and deliberatelyheating the discussion leading to charges of interruption

in official work being slapped on applicant. Someapplicants have also been arrested in this way.

Putting beneficiaries of corruption to harass applicant.

Denies fees citing addressing to inappropriate account.

Some departments like police use abnormal tact.


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Forces : Against or Together?

Against:

A very little no. of officers are with RTI.

Malicious association of politics, bureaucracy and

crime against Rights of Citizen.

Developing in a struggle between the Indian nation

and the Indian state.

Together:

All Intervention groups, NGOs, activists. Ideal of Justice, Human Right and Nationalism.

The oppressed citizenry and information have-nots.


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The last laugh

The Change Is Possible

Only If

We Want To Change.


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Thanks

JAWABA Citizen Interference Group

editboard@gmail com

AnandAsst. Directo r,

Info rmation & Pub l ic Relat ion Deparment,

Jharkhand, Ranchi

Cell . No-09304133161

Right to Information by JAWAB

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