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  • jps50

    NON-COMPLIANCE OF ORDERS OF CIC/SIC –Administrative Remedy

    By jps50

    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
    • 0 comments
    • 6,162 views
  • Priya De

    PIO Acts that makes you hate RTI ACT

    By Priya De

    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 E
    • 5 comments
    • 9,069 views
  • karira

    Guide to drafting a good RTI application

    By karira

    Guide to drafting a good RTI application Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play. 1. Pre-requisites: Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional.
    • 1 comment
    • 100,800 views
  • Priya De

    Four Biggest Mistakes you can avoid in your RTI Application

    By Priya De

    The Right to Information Act 2005 empowers every citizen to ask for information from Government Organisations. This information can be about your own personal case or more complex Government Policy. The Act also empowers us to take photocopies of the Government records and also online data in a form of CD. However, often PIO being Government Servant who perhaps is also the custodian of the information has a conflict of interest in giving out such information. Every Government Official at on
    • 10 comments
    • 43,169 views
  • Sunil Ahya

    Kindly do not worry about the exemptions at the stage of filing a RTI application.

    By Sunil Ahya

    Kindly do not worry about the exemptions at the stage of filing a RTI application, as reasoned below:   As per section 7(1): A PIO is supposed to either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9   (Which means a PIO is supposed to either provide information or deny it under section 8 and 9). As per section 19(5): In any appeal proceedings, the onus to prove that a den
    • 0 comments
    • 11,883 views

RTI AND INTERNATIONAL LEGAL INSTRUMENTS

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

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ashakantasharma

Right to Information - International Positions

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

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Important State Initiatives

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

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Movement of Right to Information in India

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

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Historical Perspective of Right to Information in India

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

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Evolution of Right to Information in India.

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

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CONCEPT OF RIGHT TO INFORMATION

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,

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DEFINITION OF RIGHT TO INFORMATION

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

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Kinds of Rights

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

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DEFINITION OF RIGHT

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

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Who killed Lalit Mehta ?

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. Consequently,

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RTI : Challenges

RTI : Challenges Posted on September 6th, 2017 at 7:56 am Context: 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

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ashakantasharma

10 years after RTI, transparency under cloud

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

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Misuse of Public Safety Act Brought up at Jammu and Kashmir RTI Workshop

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

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ashakantasharma

Judges’ Medical Expenses Will Not Be Disclosed Under RTI, says SC

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

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The Supreme Court Still Adamantly Refuses to Yield to RTI

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

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ashakantasharma

Burdened by Infrastructural Deficiencies the RTI Act Is Becoming Ineffective

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

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ashakantasharma

Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists

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 (

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ashakantasharma

Stakeholders Need to Work Together to Improve RTI Implementation, Says Study

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

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ashakantasharma

Over Half Information Commission Orders Contain Deficiencies, Report Finds

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

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ashakantasharma

Poor Implementation and Delays Are Making the RTI Act Redundant, Says Study

Poor Implementation and Delays Are Making the RTI Act Redundant, Says Study BY GAURAV VIVEK BHATNAGAR ON 09/11/2016 Studies conducted by Research, Assessment & Analysis Group and Satark Nagrik Sangathan have found that pendency rates have been rising in information commissions across the country, making applications irrelevant by the time they are actually heard. While information commissions (ICs) are mandated to safeguard and facilitate people’s fundamental right to informat

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ashakantasharma

Catalyst Mechanism: A Step Towards Human Rights

Catalyst Mechanism: A Step Towards Human Rights Nishantl Mittal, Pushpit Bansal Editor’s Note: Human rights two simple words but when put together they constitute the very foundation of our existence. INDIA being a diverse country with its multicultural, multiethnic, and multi religious population, the protection of human right is the Sine Qua Non for peaceful existence. However the legislature have tried to define human rights as “The right relating to life, liberty, equality & di

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Extension of Right To Information To Private Sector

Extension of Right To Information To Private Sector By Mukul Sharma, School of Law, KIIT University “Editor’s note: Right to Information has evolved as a tool to ensure transparency in the governance of the country. The right being granted to every citizen of India, it becomes important to examine the coverage of the act that grants this right. While the applicability of this right against government bodies is unquestionable, whether the right covers private bodies has always been an u

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