RIGHT TO INFORMATION

ACT, 2005

Sanjay Kumar
Under Secretary, NHRC
“The real Swaraj will come not by the
acquisition of authority by a few but
by the acquisition of capacity by all to
resist authority when abused ”

Mahatma Gandhi
 RTI Logo -
• A very simple and iconic logo.
• A sheet of paper with information on it,
and the authority figure behind it –
providing the information.
• The logo can also be related to ‘i’ for
information.
• The bright blue color stands for
transparency and purity (free from
malpractices) of process.
RIGHT TO INFORMATION WHY?
• Democracy requires an informed
citizenry.
• Transparency of information vital to its
functioning.
• To contain corruption
• Re-define larger framework of
Accountability, Democracy, Ethics and
Rights.
• Under-pins administrative reforms.
• Enables Human Rights to be realized.
• Harmonize conflicting interests.
 RIGHT TO INFORMATION ACT, 2005

• The RTI bill was introduced in the Lok Sabha in

December 2004.

• It was passed by both Houses of the Parliament in

may 2005.

• The assent of the President was received on 15th June

2005 and act was notified in the Gazette of India on
21st June 2005.

• The RTI act has been operational on 12th October 2005

after completion of 120 days from the date of
Presidential assent.
 SALIENT FEATURES OF THE ACT

• Maximum Disclosures
• Duty to Publish
• Suo motu and web based disclosures
• Duty to Furnish
• PIO and Deemed PIO
• Exemption – As per section 8 and 9 of the Act.
• Covers Private Body & Third Party
Information
• Penalty for defiance.
• Independent and Non-judicial appellate
mechanism
• Empowerment of citizens
 DEFINITION OF “INFORMATION”
{SECTION 2 (f) & 2(j) of RTI Act, 2005}

• “Right to Information” means right to information

accessible under this act which is held by or under the
control of any public authority and includes the right
to-

• Inspection of work, documents, records;

• Taking notes, extracts or certified copies of documents

or records;

• Taking certified samples of material;

Contd…
 DEFINITION OF “INFORMATION”
{SECTION 2 (f) & 2(j) of RTI Act, 2005}

• Obtaining information in the form of

diskettes, floppies, tapes, video cassettes
or in any other electronic mode or through
printouts where such information is
stored in a computer or in any other
device.
 What is a Public Authority?
• “Public Authority" means any authority or body or
institution of self- government established or
constituted— (a)by or under the Constitution; (b)by any
other law made by Parliament; (c)by any other law made
by State Legislature; (d)by notification issued or order
made by the appropriate Government, and includes
any— (i) body owned, controlled or substantially
financed; (ii) non-Government organization
substantially financed, directly or indirectly by funds
provided by the appropriate Government;

• A public authority has to fulfill certain obligations as per

RTI Act – 2005.
 ROLE OF PIO AND APIO

•Under the RTI act, Public Information Officers (PIOs)

should be designated in all administrative units of
every public authority in order to receive information
requests from citizens.

• The RTI act requires that every public authority shall

designate Assistant Public Information Officers.

•Under the act, every APIO has the duty and

responsibility to receive information requests from the
citizens and forward them to the PIO of the concerned
public authority that is likely to have the information
being sought by the applicant.
 HANDLING NORMAL INFORMATION
(Section - 7 of RTI Act, 2005)

• Provide information within 30 days of the request.

• If the information concerns life or liberty of a person,

within 48 hours.

• Failure to provide information within specified time

limit by PIO will be deemed refusal of request.

• If payment of further fees is required to provide

information, PIO to intimate the requestor.

• Intervening period excluded from specified period of 30

days.
Contd…
 HANDLING NORMAL INFORMATION

• Fees prescribed for providing information in

printed or any electronic format is as under:-

i) A request for obtaining information under sub-

section (1) of Section 6 shall be accompanied by and
application fee of rupees ten by way of cash against
proper receipt or by Demand Draft of Bankers
Cheque payable to the public authority.
Contd…
 HANDLING NORMAL INFORMATION

ii) Rupees
two for each page (in A-4 or A-3 size paper)
created or copied;

iii) Actual charge or cost price of a copy in larger size

paper;

iv) Actual cost or price for samples or models; and

v) For inspection of records, no fee for the first hour;

and a fee of rupees five for each fifteen minutes (or
fraction thereof) thereafter.

vi) For information provided in diskette or floppy

rupees fifty per diskette or floppy; and
Contd…
 HANDLING NORMAL INFORMATION.

vii) For Information provided in printed form at the

price fixed for such publication or rupees two per
page of photocopy for extracts from the
publication.

• No such fees for persons below poverty line.

• Info to be given free of charge (no fees) if not

provided within specified time limit.

• Info to be provided in the requested format unless

i) Disproportionately expensive.

ii) Affects safety or preservation of the record.

 WHAT IS NOT OPEN TO DISCLOSURE

PIO may reject a request for info for any of the

grounds mentioned in Sections 8 & 9 (within 30 days)

Section (8) (1) {exemption from disclosure of

information}

a) National Security - Information , disclosure of

which would prejudicially affect the Sovereignty and
Integrity of India, the Security, Scientific or Economic
interests of the State, relation with foreign state or lead
to incitement of an offence;

Contd…..
 WHAT IS NOT OPEN TO DISCLOSURE

b) Contempt of Court- 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) Parliamentary Privilege- information, the disclosure of which

would cause a breach of Privilege of Parliament or the State
Legislature;

d) Trade Secrecy- 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;

Contd….
 WHAT IS NOT OPEN TO
DISCLOSURE
e) Fiduciary Relationship- Information available to a
person in his fiduciary relationship, unless the
competent authority is satisfied that the larger public
interest warrants the disclosure of such information;

f) Foreign Government- Information received in

confidence from Foreign Government;

g) Safety of informer in Law Enforcement- 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 of security purposes;

Contd….
WHAT IS NOT OPEN TO DISCLOSURE

h) Investigation - Information which would impede the

process of investigation or apprehension or prosecution of
offenders;

i) Cabinet Papers - Cabinet Papers including records of

deliberations of the council of ministers, secretaries and
other officers:

j) Privacy - Information which relates to personal

information the disclosure of which has no relationship to
any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual
unless the central public

Contd….
WHAT IS NOT OPEN TO DISCLOSURE

Powers of Public Authority

• Section 8(2) – Notwithstanding anything in
Official Secrets Act, 1923 nor any of the
exemptions permissible in accordance
with sub-section(1), a public authority may
allow access to information, if public
interest in disclosure outweighs the harm
to the protected interests.
 WHAT IS NOT OPEN TO DISCLOSURE
Section 9: Infringement of copyright

Without prejudice to the provision of section 8, a Central

Public Information Officer or a State Public Information
Officer, as the case may be, 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.
WHAT IS NOT OPEN TO DISCLOSURE

Voluminous Information
• Section 7(9) may be used to disallow
voluminous information.
 Protection: Section 21

• No suit prosecution or other legal

proceeding shall lie against any person for
anything which is done in good faith.
 Overriding effect; Section 22
• RTI Act shall have effect notwithstanding
anything inconsistent therewith contained
in the Official Secrets Act, 1923 and any
other law for the time being in force or in
any instrument having effect by virtue of
any law other than this Act.
 Central Information Commission:

• Central Information Commission is an

autonomous body set up to inquire into
complaints received from citizens. One
can complain that he has been refused
access to information. He can also
complain about how the public authority
has handled his request.
 RTI Act 2005 – Penalty/Compensation
Provisions

• Penalties imposable by Information Commission

on PIO or officer asked to assist PIO. For
unreasonable delay – Rs. 250 per day up to Rs.
25,000 For illegitimate refusal to accept
application, malafide denial, knowingly
providing false information, destruction of
information, etc. - up to Rs. 25,000 fine
Recommendation for departmental action for
persistent or serious violations.
 RTI Act 2005 – Penalty/Compensation
Provisions
• Opportunity of hearing to be given.
• Commission can grant compensation for
loss suffered by applicant due to non-
provision of information.
 Discernible Shifts
•Request Command

•Access to privileged few Open to Entire population

•Opaque and unaccountable Transparency, open and

system accountable system

•Part of Right to Freedom of Part of constitutional

Speech & expression guarantees under
Fundamental Rules
including Life and Liberty

contd..
 Discernible Shifts

•Legal entitlement Tool to fight corruption &

Arbitrary use of power
•Arbitrariness Ethical & participative
democracy
•From Information To accountability &
beyond
•Flow of communication Inward Outward (citizens)

•Records as Storage Driven Records as Retrieval

Driven
 Way Forward

• Improve Records Management

• Maximize disclosure

• Prepare list of information which is in need/demand.

• Demystification of Information
 Way Forward

• Improve Decision Making Process

• Critically examine the existing operating
procedures including channels of supervision
and accountability
• Review operating Manuals
• Develop standards of performance/ norms
• Set up Documentation / Learning Resource
Centers
 Public Awareness and Educational
Programmes Sec 26
• Develop and organize educational
programmes to advance the understanding
of the public, particularly the
disadvantaged, to exercise Right to
Information. Government to: Encourage
public authorities to participate in
programmes; promote timely/effective
dissemination of accurate info on activities.
Train PIOs and produce relevant training
materials - user guide and related matter.
THANKS