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
How many times have you been asked to inspect the document when you have never requested? Ideally, if you have not applied for inspection of the document and the information requested is not voluminous, PIO should not ask the applicant to come for inspection of the document.
PIO Acts that makes you hate RTI ACT
But naturally, it is not the way. It is an easy way for PIO to first
Get to know who is an actual RTI Applicant
Intimidate the applicant by various means
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
Please be aware that the PIO's decision is not the final word in a given matter and that as a RTI Applicant you have an access to three tier hierarchical system by way of first and then second appeal under the RTI Act, as described below:
> RTI Application u/s. 6(1) with the PIO,
> Not received the information / not satisfied with information supplied by PIO / no decision by PIO,
> File a First Appeal u/s. 19(1) with the concerned First Appellate Authority (FAA),
How to Stop Corruption?
Corruption is one of the most disruptive problems faced by the world and it needs to stop without further damage to the humanity so as to have a better future for the coming generation.
Corruption is a disease, a cancer that eats into the cultural, political and economic fabric of society, and destroys the functioning of vital organs. In the words of Transparency International, “Corruption is one of the greatest challenges of the contemporary world. It undermines
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 (
Stakeholders Need to Work Together to Improve RTI Implementation, Says Study
BY GAURAV VIVEK BHATNAGAR ON 24/01/2017
A report from several civil society actors has found that the Right to Information Act is not functioning as it should be.
New Delhi: Two organisations working in the field of right to information assessment and advocacy and a publishing house have come together to bring out ‘Tilting the Balance of Power: Adjudicating the RTI Act for the Oppressed and the Marginalis
Over Half Information Commission Orders Contain Deficiencies, Report Finds
BY GAURAV VIVEK BHATNAGAR ON 22/04/2017
RTI activists demand penalties against public information officers, insist RTI Act being killed by ‘misrepresentation’.
A recent report, ‘Tilting the Balance of Power: Adjudicating the RTI Act,’ on the most critical challenges in the implementation of the Right to Information Act, 11 years after its enactment, has established that more than 60% of the orders contained
Hey jay if you are familiar with RTI can you tell me if i can get building approval plan of tge next house which is being constructed without proper setbacks and is not disclosing the building approval plan
Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
“In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
Originally posted here!
I am thinking to develop the functioning of government employees in various departments of states and center. As I have made contribution to follow up with government for paperless working in Vehicle registration and DL issuance.
I need supports from the experts to support in provisioning of issues faced by public in departments which may be correct technically putting administrative efforts.
You may write comments and message on drafting of RTI Application and consulting the concerns / issues faced by partners.
You have to post this query in RTI query for getting a reply. This blog portion is meant to guide on one subject/issue mostly from experts as on how to handle that issue with past citations.
Please file RTI Application to on line UGC with Rs.10/- website and seek certified copy of the certificate given to that your university as deemed university.