In this blog post, Shreya Shikha, a second-year student pursuing B.B.A LLB (Hons.) from Chanakya National Law University, Patna talks about the procedure of filing an RTI. 

 

“The people have a right, an indisputable, unalienable, indefeasible, divine right to that most dreaded and evicted kind of knowledge – I mean the character and conduct of their rulers.”                                             

-John Adams (18^th Century) American Founding Father

The Right To Information is basic to any democracy. “The Right To Information includes an access to the information which is held by or under the control of any public authority, and includes the right to inspect the work, document, records, taking notes, extracts or certified copies of documents/ records and certified samples of the materials and also obtaining information which is stored in electronic form.”[1]

This is compoundable by the fact that while there are several laws prohibiting or restricting giving of information, there is no clear enabling legislation for the public’s right to access information held by the government. Making the Right to Information Act, 2005 is a significant improvement over the Freedom of Information Act [2] and a crucial step in the Democratic Republic of India. It’s the result of a long fight by democratic forces that began with people’s movement like Mazdoor Kisan Sakthi Sanghatan, an organisation of agricultural labour, for information about development activities and Jan Sunvai, a public hearing in Rajasthan and relentless campaign by the human rights activist all over the country.

The Right to Information Act is expected to improve the quality of decision-making by public authorities, and the government, by removing obstacles in the path of knowing information regarding various ongoing and present programs.

The main question that arises here is why a common man goes to file an RTI.

Almost all of the people pay taxes whether directly or indirectly. In fact, it is everybody who pays the tax that runs the government. Even a beggar to an IAS officer pays sales tax whenever there is a purchase. This money belongs to all of all of us. So, this is our right to know, where does this money go? How is it being spent? And how much is being spent?

Every citizen hence has a right to question the government. The Right to Information Act empowers citizen to question government, inspect their files, and take copies of government documents and also the government works.

So, now the question arises, who can file an RTI and when to file an RTI?

Any person who is a citizen of India can file an RTI application. He can go for filing an RTI at any point in time whenever he wants to seek any information regarding any government organisation, or its any ongoing program, any public authority, etc.

Any person who is a citizen of India can file an RTI application. He can go for filing an RTI at any point in time whenever he wants to seek any information regarding any government organization, or its any ongoing program, any public authority, etc.

Any person who is a citizen of India can file an RTI application. He can go for filing an RTI at any point in time whenever he wants to seek any information regarding any government organization , or its any ongoing program, any public authority, etc.

 

Procedures for filing an RTI.[3]

1. First of all, one should identify what information he needs to know. One should also specify what he wants, the documents or samples (Sec 2(j)) of the material or just the answers to particular questions. One thing that needs to be noted down here is that the information one seeks must fall into the definition of information as defined under Section 2(f) of the RTI Act.
2. Try to seek information as which public authority (department of the government, public sector enterprise, NGO, etc.) has the related information. Section 2(h) of the RTI Act. One more thing that a person can do is he can ask any government department to access the following information from any private body that the government can access under any other law. Section 2(f) of the RTI Act.
3. After this, send the application to the concerned Public Information Officer/ Assistant Public Information Officer. For this, one first needs to find the contact details of the SPIO (State Public Information Officer) for state government departments and CPIO (Central Public Information Officer) for central government departments in question. An easy way for this is that one should directly go the respective department or Public Authority’s website. For ease of people, the central government has designated various post offices across the country as APIOs (Assistant Public Information Officers) where a citizen can deposit an RTI request or appeal pertaining to any government public authority.
4. Next step is to simply write / type one’s question on a sheet of plain paper ( Some states have their own rules, so better stick with the prescribed form) with the PIO/APIO(Sec 6(1)). Places where a request cannot be made in writing, the PIO is obliged to render all reasonable assistance to the person making the request orally to reduce it to writing (Sec 6(1)(b)). One best thing here is that the applicant need not specify any reason for requesting the information or any personal details except that information required contacting the applicant for an answer (Sec 6(2)).
5. After this one has to submit the application with the application fees (if necessary ) to the PIO. The Application fee may vary with the states but by law all below poverty line (BPL) families are exempt from paying any fees. For one’s proof of application of RTI, always keep a dated and stamped receipt as well as receipt of one’s payment of fees.It is highly suggested avoid using ordinary post or private courier companies as they do not provide any warranty of Some preferred modes of payment are[4]:
6. For Central Government Department: By Indian Postal Order (IPO) of Rs 10/-favoring the Account Officer of the D Department.
7. For State Government Department: By Indian Postal Order (IPO) of Rs 10/- favouring the Account Officer of the Department or 10 rupees non-judicial court fee stamp.

For the supply of information, a reasonable application fee is required, however, no application fee is chargeable if a person is below poverty line (BPL) (Sec 7(5)) or if the information is provided after the prescribed period (Sec 7(6)).[5]

This is the completion of the application process. Ordinarily, the information sought from the PIO has to be provided or refused within the prescribed time of 30 days but very few information like information regarding the life and liberty of an individual has to be provided within 48 hours (Sec 7(1)). It takes 35 days if the information sought from APIO (Sec 5(2)), 40 days where third party information is involved (Sec 11(3)) and 45 days where information pertaining to allegations of corruption or human right violations from intelligence and security organizations (Sec 24(4)).

Another thing that needs to be kept in mind is that if one does   not receeeive the information within the prescribed time or is dissatisfied with the information provided or for a reason mentioned for denying of information, he could file an appeal within 30 days to the designed appellate authority senior to the PIO in the public authority from which one have sought information (Sec 19(1)).

The denying of information is very specific. There is some information which is sensitive in nature for example information related to armed forces. Exclusions are allowed under the law listed under Sec 8(1), Sec 9, Sec 24(1) & (4). So, only this information can be upheld from an applicant. Also, all the exemptions are subject to the general provision (sec 8(1)) which states that information that cannot be denied to the Parliament or State Legislature should also not be denied to a citizen. The RTI Act provides free access to information that is 20 yrs old (Sec 8(2) & (3). In any appeal proceeding, the onus of proof that a denial of the request was justified lies in the hands of CPIO or the SPIO (Sec 19(4)). These are some of the denial provision mentioned in the Act.

If someone is dissatisfied with the response of the first appeal or didn’t receive the response within 45 days of filing the first appeal, he can again file a second appeal within 90 days, with the State Information Commission for state to which that Public authority belongs, or to the Central Information Commission for Central Government Public authorities (Sec 19(3)).

Address of the concerned is –

Central Information Commission

August Kranti Bhavan, Bhikaji Cama Place, New Delhi & Old JNU Campus, New Delhi – 110 067.Phone: 26183053 Fax: 26186536.

One can separately file a complaint (Sec 18(1) (a-f) with the State or Central Information Commission as applicable. If the PIO or APIO does not accept the application , delays it, or refuses to provide the information (mala fide intention), or provides wrong information according to the applicant or the PIO knowingly destroyed the information for which requisition is asked for by the applicant or any other obstacle made in order to not to get the information.

If the following complaint is found correct by the concerned Information Commission, the relevant PIO/APIO would be personally fined a penalty of Rs 250 per day for each day of delay subject to a maximum of Rs 25000/- and some departmental information action can also be initiated against him as given in Section 20(1)&(2).

Other than this The Information Commission can also require the public authority that illegitimately delayed or denied information to compensate for any loss suffered by the complaint (Sec 19(8) (b)).

TheRight to Information Act not only helps to curb the problem of carcinogenic corruption within the public authorities but it also helps in promoting open and transparent Government. Every public authority shall be under a duty to provide information to people by the provisions of this act. It gives power in the hands of common people to ask the government about its policy or information. This Act hence helps in reviewing the information independently of government.

 

 

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Reference:

[1] Right to information Act, 2005

[2] Freedom of Information Bill received the assent of the President on January 19, 2003.

[3] http://www.thealternative.in/society/how-to-file-an-rti-application/. Retrieved on 29 October, 2016.

[4] http://www.sbsnagarpolice.com/Forms/RTIFORMS.pdf. Retrieved on 29 October, 2016.

[5] http://www.rtifoundationofindia.com/staterules/hp_rti_fee_rules.pdf. Retrieved on 29 October, 2016.