I have compiled guidelines to be followed while undertaking inspection of records under RTI. The same is attached herewith.
GUIDELINES FOR INSPECTION UNDER RTI
1. Even if you do not desire to carry out an actual inspection of records, invariably request as under in RTI application:
This will have deterring effect on PIO against providing false information.
2. If you are not very conversant with the language of record or have any other disability, please also add the follow
RTI applicants face the problem of language of reply, especially if the information is sought from other states. I had sought information from BBMP [municipalcorporation] Bengaluru and had requested that information be supplied in English. However, I received a reply in Kannada and I had to email to my relative to translate it.
I append below relevant extract from a judgment of High Court of Uttarakhand.
I infer that information supplied in language which the applicant does not underst
Of late defiance of orders of Information Commissioners has become rampant. The only remedy with the information seeker is to lodge a complaint with Chief Information Commissioner, who routinely issues another order for compliance that too after a delay ranging from 6 to 36 months depending upon efficiency and pendency of CIC/SIC. Commissions hardly invoke powers of Civil Court vested in it u/s 18.3 to ensure speedy compliance with its own orders.
Hence I suggest that if after two months of
1. Provisions in a law cannot be read in isolation, but all the relevant provisions have to be read along with together, for its harmonious construction:
The basic principle to be followed in law, is that while interpreting any provision, it has be read along with all the other relevant & applicable provisions, for the correct interpretation of the provision in question.
Sec 7 (1) is relevant & applicable while interpreting sec. 7(9) and therefore both these provisions will hav
WHY DO INFORMATION COMMISSIONERS NOT IMPOSE PENALTY?
ICs are under the wrong impression that it is their discretion to levy or not to levy penalty at their will. In fact, once the breach of RTI Act is committed and not reasonably explained, the penalty must follow.
ICs are afraid because if they levy penalties, the serving govt officers may dig out their [ICs] misdoings when ICs were in service and ICs may have to face investigating agencies post-retirement.
ICs want to fo
Why "Development" should Focus on People, Not Economy
Development should focus on people, not economy.
Why Poverty? Let's Talk People's Development
People should be the Focus of Development
“People are the real wealth of a nation.”
This is how the historic first Human Development Report titled “Concept and Measurement of Human Development” in 1990 opened, outlining the onset of a new thinking on what development should be and how to go about quantifying it. Since then, e
Kashmir: Where Religion Is Killing Culture
Updated on August 26, 2017
Kashmiri Pandits are Refugees in their Own Nation
Is There a "Kashmir Problem" in Kashmir?
Kashmir’s Culture is Unique!
The Kashmir Valley is easily counted among the most scenic places on the earth: snow covered mountain peaks, lush green pastures and meadows, orchards of almonds and apples, Chinar trees, magnificent lakes and springs, Mughal gardens, handicrafts and Pashmina shawls. What tourists exp
Overview of Important Issues in India
India – the biggest democracy in the world – is going through a lot of changes and turmoil, due to both forces from within and outside. As a country, it is unparalleled in its diversity – cultural, religious, social, and economical. In fact, politically as well: China might have discarded Mao long ago but India still battles to root out Maoists (called Naxalites) entrenched in its tribal belt called the ‘Red Corridor’! Indian diversity is really mind bo
Serious Concerns on the Indian Drug Industry
DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HEALTH AND FAMILY WELFARE
FIFTY-NINTH REPORT ON THE FUNCTIONING OF THE CENTRAL DRUGS STANDARD CONTROL ORGANISATION (CDSCO)
(PRESENTED TO THE RAJYA SABHA ON 8TH MAY, 2012) & (LAID ON THE TABLE OF THE LOK SABHA ON 8TH MAY, 2012
1.1 Drugs are an integral and inseparable part of medical care. As per the directory of pharmaceutical manufacturing units in
International Journal of Humanities and Social Science Invention
ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714
www.ijhssi.org Volume 2 Issue 2 ǁ March. 2013ǁ PP.11-22
RIGHT TO INFORMATION ACT: CHALLENGES
Since came into force on 15th June, 2005 Right to Information act has been successfully working in most of the Indian states. The act is enacted by the state government of Tamilnadu (1997), Rajasthan (2000), Delhi (2001), Maharashtra (2002), Karnataka (2002), Assam (200
RTI AND INTERNATIONAL LEGAL INSTRUMENTS
Various international instruments such as treaties, charters etc
have recognized RTI as right that ought to be available to the people.
All the citizens have a right to decide, either personally or by their
representatives, as to necessity of the public contribution, to grant
this freely, to know to what use fix the proportion, the mode of
assessment and of collection and the duration of taxes.
i) United Nations
The United Nations (UN
Right to Information - International Positions
Right to Information (hereinafter read as RTI) which is the cynosure of this discourse is not something new. In fact there is a long history at international level towards the attainment of this right and mobilization of the masses for achieving it. With development
of human ideals and establishment of democratic governments in most of the civilized countries, this topic came to the fore.
The United States and Sweden constitute the two main
Important State Initiatives
Inspired and encouraged by the exercises taken up by the
central government, many state governments yielded under popular
pressure and prepared draft legislations on the right to information. A
number of states introduced their own transparency legislations
before the Freedom of Information Bill was finally introduced in the
Lok Sabha on July 25, 2000.
i) Goa: One of the earliest and most progressive legislations, it
had the fewest categories of
Movement of Right to Information in India
The right to information movement in India can be broadly
classified into three phases. In the first phase, from 1975 to 1996,
there were sporadic demands for information from various sections of
the society, culminating in a more focused demand for access to
information from environmental movements in the mid 1980s, and
from grassroots movements in rural Rajasthan in the early 1990s.
This phase ended with the formation of the National C
Historical Perspective of Right to Information in India
India was a colony for long. Before that it had a feudal culture
and hierarchical social structure. The Maharajas and the Mughals,
the Viceroys and the British Empire defended themselves behind
ramparts of secrecy. The entire freedom struggle was a battle against
colonialism and for independence or self-government. Thus people
became the focus and popular information was used by them as a
weapon to achieve responsible and r
Evolution of Right to Information in India.
In Ancient India, traditionally man is inquisitive and from the
time immemorial he has been busy in his mission of knowing and
discovering the truth in whatever field his aptitude and imagination
ventured. In this context there is ample evidence in this context in
our great Vedic erudition where it is written- ― Life is a perennial
search for the truth. The restless swan (soul) is on journey infinite to
find the truth. The Indian histo
CONCEPT OF RIGHT TO INFORMATION
The concept of democracy in India is enshrined in the Preamble
to the Constitution of India wherein opening words provide that "We,
the People of India ―and in the end it lays down‖give to ourselves this
Constitution". The citizens have the fundamental right to know what
the government is doing in its name. Freedom of speech is the lifeblood of democracy.
The Apex Court in the case of K. v. Secretary of
State for the Home Department Ex. P. Simms,
DEFINITION OF RIGHT TO INFORMATION
Right to Information‖ means the right to information which can
be obtained from the public authorities or which is held by or under
the control of any public authority and includes the right to:
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes,
video cassettes or in a
Kinds of Rights
Rights can be of many types such as natural, positive, legal etc.
(a) Natural and Legal right
According to some views, certain rights derive from a deity or
nature. Natural rights are rights which are derived from nature. They
are universal; that is, they apply to all people, and do not derive from
the laws of any specific society. They exist necessarily, inhere in every
individual, and can't be taken away. For example, it has been argued
that humans have a
DEFINITION OF RIGHT
An entitlement to something, whether to concepts like justice
and due process, or to ownership of property or some interest in
property, real or personal. These rights include various freedoms,
protection against interference with enjoyment of life and property,
civil rights enjoyed by citizens such as voting and access to courts,
natural rights accepted by civilized societies and human rights to
protect people through out the world from terror and torture. Righ
Who killed Lalit Mehta ?
Submitted by Hardnews on Fri, 07/04/2008 - 09:05
The widespread corruption in the Ćagship scheme of the UPA government, NREGA, is hidden from none. Social audits conducted by civil society groups and individuals have proved the existence of corrupt practices being followed by the district administration of various states. These social audits are threatening the people who have been brazenly siphoning oĂ funds from public schemes for decades.
RTI : Challenges
Posted on September 6th, 2017 at 7:56 am
In April, the government of India proposed amendments to the RTI Act
The most controversial amendment pertained to Rule 12.
Amendment to Rule 12 and controversy:
1. It would allow the withdrawal of an application in case of the applicant’s death, making the job of those who file RTIs even more risky.
2. The RTI activists are already exposed to violence, all the more so as the Whistle Blow
10 years after RTI, transparency under cloud
NEW DELHI:, MAY 16, 2015 10:56 IST
Ten years after the Right to Information Act was passed by the Rajya Sabha on May 12, 2005, its implementation remains inefficient and transparency and accountability seem to be under threat in India.
Experts cite poor record-keeping practices within the bureaucracy, lack of infrastructure and staff for running Information Commissions, and dilution of supplementary laws such as the one for whistleblowe
Misuse of Public Safety Act Brought up at Jammu and Kashmir RTI Workshop
BY GAURAV VIVEK BHATNAGAR ON 24/07/2017
Referring to allegations of children being held under the Public Safety Act in Jammu and Kashmir, former chief information commissioner Wajahat Habibullah today asserted the need for involving youth in the ongoing debate on current issues in the state.
Habibullah, who was delivering the keynote address at an interactive workshop on J&K Right to Information (RTI) Act
Judges’ Medical Expenses Will Not Be Disclosed Under RTI, says SC
BY PTI ON 02/07/2015
New Delhi: The Supreme Court today held that the medical expenses incurred on judges and their family members cannot be disclosed or made public under the Right to Information Act.
A bench headed by Chief Justice H L Dattu refused to interfere with the Delhi High Court verdict which had dismissed a plea seeking details of medical reimbursements of Supreme Court judges, saying it had personal inf
The Supreme Court Still Adamantly Refuses to Yield to RTI
BY ANIKET AGA ON 03/09/2015
While the government often comes under fire for not effectively implementing the RTI Act, few have noticed that India’s highest court violates the Act routinely, and with an impunity that makes the government’s evasion of the RTI Act seem benign.
Consider the following:
On 20th February 2008, Satnam Singh, a prisoner in Ludhiana’s Central Jail sent a Right to Information (RTI) request to the
Burdened by Infrastructural Deficiencies the RTI Act Is Becoming Ineffective
BY GAURAV VIVEK BHATNAGAR ON 22/05/2017
At a recent seminar, a number of stakeholders sought wide-ranging reforms to ensure that the RTI Act remains an effective tool for ordinary people to access information with.
In light of growing support against the RTI Act within the present dispensation (which sees it as a UPA legacy), a retired senior bureaucrat recently observed at a seminar that the Act needs to
Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists
BY GAURAV VIVEK BHATNAGAR ON 17/04/2017
The RTI Act has faced resistance from the courts in recent years, especially when information is sought about their functioning as public authorities, a new report says.
The jury is out on whether the judiciary has over the years played the role it ought to while dealing with matters pertaining to promoting transparency in general and the Right to Information (