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  1. Who was the first person in India to file a RTI Query ?
  2. ashakantasharma

    RTI Fillings in India - Detailed Explanation

    Right to Information Act 2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a–RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities,PIOs etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the government of India as well as the State Governments. Procedure of filing an RTI In India: The necessary requisites of an application filed under the RTI Act are: The aspirant must be the civilian of India. . The request must cover the details of facts and figures required. The proof of payment of application fee should be hemmed in. The address of the aspirant should be accessible for directing a reply. Private particulars excluding those essential for communicating an applicant are not required to be stated. How to file an RTI plea? The Act proposes a simple process to acquire information. Though some public authorities have their own formats, there is no obligation to stick to the prescribed set-up. Classify the constituent part you want information from as some matters fall under the purview of State governments or local authority such as the municipal administration/panchayat, while others are controlled by the Central government. Write the application by hand, or type it, in English, Hindi or the official language of the area. You can also take the assistance of public information officer to put the application in writing. The application must be addressed to the State/Central Public Information Officer. Provide the name of the concerned office from where you wish to seek information, and the complete, exact address. Mention your request in the specified form and state the period/year your application falls into. To obtain documents, the applicant has to make a payment of Rs. 2 per page. Payment of Rs 10 is required to plea the request either by cash, money order, bank draft or a court fee stamp. The application must bear the stamp. Applicants below the poverty line (BPL) are excluded from making any sort of payment provided they attach a copy of the BPL certificate along with the application. Your full name and address, contact details, email address should be mentioned and sign the application properly. Send your application either by post or hand it over in person to the concerned department. The law mandates that information be provided in 30 days. If this does not happen, you can file an appeal. The first appeal should be addressed to ‘The Appellate Authority’ with the name of the department and the address. The appellate authority is mandated to revert in 30 days from the date of receipt of the appeal. If the Appellate authority fails to reply, further appeals lie with the Information Commission, the Chief Information Commissioner, State/Central Information Commission. Pre-requisites: Your name, address, contact telephone number and your email id o Information about Public Information officer, name, address e.t.c. In case you have problems locating your PIO/APIO you can address your RTI application to the PIO, C/o Head of Department and send it to the concerned Public Authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO. Do not address your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place. Generally, you can deposit your application fee via: • In person by paying cash [remember to take your receipt] • By Post through: • Demand Draft/Bankers Cheque • Indian Postal Order • Money orders (only in some states) • Affixing Court fee Stamp (only in some states) Some state governments have prescribed some head of account. You are required to deposit fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account along with your RTI application. Please see respective state rules for complete details Application Guidelines. While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines: • Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper. You can use your letter pad for asking for information. • The matter can be hand written, or typed. There is no compulsion of typing the content. • Make sure the application is legible and easy to read. • There is no restriction on number of pages for asking information. • There are also no restriction on number of questions that can be asked in one application. However, it is generally advisable to ask restrict one application with limited set of questions and generally related ones. • Be very specific & ask to the point questions. Don't ask vague questions. • Ask as many short questions as you like, but don't ask for voluminous information. • Ask information always by writing your name and signature, and not by your post, as only citizen have the right to information. • Do not ask a question containing 'WHY'! For example, questions like why you failed to pass the bill, is liable to be rejected for not covering under RTI Act. • You can ask for reasons behind a "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are a "affected person" • If the information sought is voluminous, it is better to ask it in the form of CD to save on cost. • Remember that, you do not need to write the reason for asking the information. • Mention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details , etc., towards the end of your application. Procedure to file RTI Online: At Online RTI, lawyers hired are specialists at handing out RTIs, so you don’t have to fear about it. Basically just click on your problem, submit your application, and consider your case at the top of the government’s row. How to submit an RTI application ? You will need a proof, that your RTI application has been received by the PIO. The tested methods to submit a RTI application are: • Personally, by hand: Please ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the PIO or by the inward department • Registered Post AD: The AD card will act as proof of submission, after it is returned to you by the postal department. In case the AD card does not come back with a proper stamp, signature and date of receipt, follow up with the dispatching post office to get the AD card completed • Speed Post (A postal department service): Once the application is sent by Speed Post, track it on http://www.indiapost.gov.in/Speednew/track.aspx and keep a print out of the delivery status carefully with you Do not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery. What is the time limit under which information can be obtained under RTI act ? Various time limit has been prescribed under which the information can be obtained under Right to Information Act. These time limits are prescribed by the Act itself, and failing which an RTI Applicant can approach appropriate authorities for relief. Following are the various time limits specified in the RTI Act 2005 For matters involving "Life and Liberty", the time limit for the PIO to provide information is 48 Hours. For PIO to reply to application 30 days from date of receipt of application . For PIO to transfer to another PA under Sec 6(3) 5 days from date of receipt of application . For PIO to issue notice to 3rd Party 5 days from date of receipt of application & For 3rd Party to make a representation to PIO 10 days from receipt of notice from PIO. For PIO to reply to application if 3rd Party involved 40 days from date of receipt of application. For applicant to make First Appeal 30 days from date of receipt of PIO’s reply or from date when reply was to be received. For First Appellate Authority to pass an order 30 days from receipt of First Appeal OR Maximum 45 days, if reasons for delay are given in writing For applicant to make Second Appeal before CIC/SIC 90 days from receipt of First Appeal orders or from the date when orders were to be received For CIC/SIC to decide Second Appeal No time limit specified • 3rd Party can be anyone other than the citizen applying for information Certain Guidelines: Only fresh application can filed online. The aspirant is required to mention the necessary details, by clicking on “Submit Request”. Once the form is duly filled then next comes the making prescribed payment either through debit/credit cards of Master/Visa or using RuPay card. Once payment is made application can be submitted. On successfully submission of an application, a unique registration number would be issued, to the applicant for future references. For the first appeal to the first Appellate Authority, the applicant is required to click at “Submit First Appeal” and then fill up the page that will appear. For first appeal no payment to be made. The applicant should provide his/her mobile number in order to receive SMS alert. Applicants can view the status of their first appeal by clicking at “View Status”. This is the link for the same. https://rtionline.gov.in/ Conclusion: When it comes to RTI, there are ombudsmen on numerous points to safeguard the Act is tailed in letter and spirit. The Act has hired a ‘perform or perish’ approach, also setting up a instrument to give out information. Every government organization is needed to appoint one employee as a public information officer (PIO). Once a department gets an RTI request, it is the duty of the PIO to supply the information to the candidate within 30 days. Dying to do so means, a monetary fine can be imposed on the PIO. The longer a PIO makes an applicant wait, the more the fine imposed on him/her. There have been instances where PIOs have been asked to cough up amount in thousands of rupees as fine. Every state has an Information Commission, consist of a Chief Information Commissioner and a few information commissioners. Previous judges, IAS, IPS field marshal of perfect record are appointed to these positions by the government. Above them in the chain of command is the Central Information Commission and below them are first and second appellate authorities to see to it that an applicant does get the information he/she has requested. https://lawnn.com/right-to-information-act-all-you-need-know-about-rti-laws-india/ http://www.fuccha.in/things-you-should-know-about-rti-right-to-information
  3. ashakantasharma

    Imperative Facts of RTI

    Imperative Facts of RTI: In the case of, Pradeep S. Ahluwalia v. Delhi Tourism & Transportation Development Corporation[vi], learned council held the following:- If the Public Information Officers, First Appellate Authorities and the Commissions allow reiterated RTI applications, at that point, there will be no termination to the ‘information litigation’ and the public powers that will be at the in receipt of end for no liability of theirs. Public dogma concerns that: ‘it is in the importance of the Public that there should be a culmination to litigation’ and ‘no man should be overtaxed over for the same reason’ It is embedded from the order and the provisions of the Right to Information Act, 2005 that every single citizen has a right to attain information from a concerned public power, but then, only once and not perpetually. Constant filing of RTI applications, by prolonged information-inquirers, has the influence of blockage the public offices by barricading the open flow of information to the eligible and honest RTI applicants, above and beyond precluding the officers of the concerned public authority from carrying out the responsibilities attached to their office.
  4. ashakantasharma

    RTI Fillings in India

    Procedure of filing an RTI In India: The necessary requisites of an application filed under the RTI Act are: The aspirant must be the civilian of India. . The request must cover the details of facts and figures required. The proof of payment of application fee should be hemmed in. The address of the aspirant should be accessible for directing a reply. Private particulars excluding those essential for communicating an applicant are not required to be stated. How to file an RTI plea? The Act proposes a simple process to acquire information. Though some public authorities have their own formats, there is no obligation to stick to the prescribed set-up. Classify the constituent part you want information from as some matters fall under the purview of State governments or local authority such as the municipal administration/panchayat, while others are controlled by the Central government. Write the application by hand, or type it, in English, Hindi or the official language of the area. You can also take the assistance of public information officer to put the application in writing. The application must be addressed to the State/Central Public Information Officer. Provide the name of the concerned office from where you wish to seek information, and the complete, exact address. Mention your request in the specified form and state the period/year your application falls into. To obtain documents, the applicant has to make a payment of Rs. 2 per page. Payment of Rs 10 is required to plea the request either by cash, money order, bank draft or a court fee stamp. The application must bear the stamp. Applicants below the poverty line (BPL) are excluded from making any sort of payment provided they attach a copy of the BPL certificate along with the application. Your full name and address, contact details, email address should be mentioned and sign the application properly. Send your application either by post or hand it over in person to the concerned department. The law mandates that information be provided in 30 days. If this does not happen, you can file an appeal. The first appeal should be addressed to ‘The Appellate Authority’ with the name of the department and the address. The appellate authority is mandated to revert in 30 days from the date of receipt of the appeal. If the Appellate authority fails to reply, further appeals lie with the Information Commission, the Chief Information Commissioner, State/Central Information Commission. Procedure to file RTI Online: At Online RTI, lawyers hired are specialists at handing out RTIs, so you don’t have to fear about it. Basically just click on your problem, submit your application, and consider your case at the top of the government’s row. Certain Guidelines: Only fresh application can filed online. The aspirant is required to mention the necessary details, by clicking on “Submit Request”. Once the form is duly filled then next comes the making prescribed payment either through debit/credit cards of Master/Visa or using RuPay card. Once payment is made application can be submitted. On successfully submission of an application, a unique registration number would be issued, to the applicant for future references. For the first appeal to the first Appellate Authority, the applicant is required to click at “Submit First Appeal” and then fill up the page that will appear. For first appeal no payment to be made. The applicant should provide his/her mobile number in order to receive SMS alert. Applicants can view the status of their first appeal by clicking at “View Status”. This is the link for the same. https://rtionline.gov.in/ Conclusion: When it comes to RTI, there are ombudsmen on numerous points to safeguard the Act is tailed in letter and spirit. The Act has hired a ‘perform or perish’ approach, also setting up a instrument to give out information. Every government organization is needed to appoint one employee as a public information officer (PIO). Once a department gets an RTI request, it is the duty of the PIO to supply the information to the candidate within 30 days. Dying to do so means, a monetary fine can be imposed on the PIO. The longer a PIO makes an applicant wait, the more the fine imposed on him/her. There have been instances where PIOs have been asked to cough up amount in thousands of rupees as fine. Every state has an Information Commission, consist of a Chief Information Commissioner and a few information commissioners. Previous judges, IAS, IPS field marshal of perfect record are appointed to these positions by the government. Above them in the chain of command is the Central Information Commission and below them are first and second appellate authorities to see to it that an applicant does get the information he/she has requested. https://lawnn.com/right-to-information-act-all-you-need-know-about-rti-laws-india/
  5. As I can see from the Act the principal aim of the act seems to motivate people and encouraging them to have information about the working of the system to see that it works efficiently. But it is said that poverty alleviation is also the aim of this act. I cannot forsee how that can be achieved? Any views?
  6. Madhu Chandra S

    Swachchh Bharat mission

    Please provide the link of sample RTI questions askesd regarding swachchh Bharat mission to panchayat (individual household toilets construction) Sent from my Panasonic P85 using RTI INDIA mobile app
  7. 3 yrs diploma is equivalent intermediate or not ? Sent from my M370i using RTI INDIA mobile app
  8. Severe water clogging problem in the area for a long time. No progress in work even after several intimations to the authorities concerned Sent from my Moto E (4) Plus using RTI INDIA mobile app
  9. Can i get information under rti rule from hindalco? my sister made a maintenance case on husband because of ignorance so, how could get the detail of his working days and salary from hindalco lohardaga under rti rule?
  10. Dear Friends, Where can i download a common RTI form from the net? Could you please give me the link. I think many people are put off by using RTI because they do not know how to go about it for specific purposes. Like there is a form for the Municipal Dept another for asking a question to the Zilla Parishad, etc. Pls send me the link to download the common form for filing RTI which i can use. I want to file an RTI to the Education Dept of MCGM and one to Uddhav Thackeray. Please advice me on the common form for Filing RTI to different organizations. gita subramanian
  11. May I get a layout sketch for an unapproved plots for a particular survey number by applying in RTI? Say survey number 55, madavilagam village, Poonamallee taluk. Taluk office they provide only Fmb sketch, not layout is available there or they seems to not giving. Is there anything really called "Panchayat approved" layout? How can I apply RTI for getting layout for a survey number under Poonamallee taluk? Sent from my Redmi Note 3 using RTI INDIA mobile app
  12. I just want to know OC ke baad Fire NOC milti hai kya.. Sent from my A33f using RTI INDIA mobile app
  13. Request please advice if it is correct to approach the Lokayukta for no response and wrong acts of the MCGM and the Fire department. 1) installation of telecommunications towers by the builders Twin construction on a refuge area as annotated by the fire Department. Despite many complaints to the CFO no action taken. 2) The MCGM building proposals / ward officials though informed refrains from any response. 3) Ground floor of the said building Twin arcade. d wing had been leased to a cuddles care (hospital - new natal) and also a kindergarten school franchisee of Wonder kids. The said area of n the records of BMC capital assessment of property tax was shown as residence incomplete. This is been going on from 2010 as per the papers and few documentation obtained, but the BMC officials acted ignorant all times. Writing several mails and letters with no heed even by the Commissioner Mr. Ajoy Mehta. 4)The said hospital is not registered in the record of local BMC as per the reply of Health officer. 5) The said building despite its full CC in 2004 does not have a O.C. Till date. 6) Massive fire took place in October 2016, the fire officer incident report form J listed several discrepancies and awarded the contract to his own people with incomplete and no action follow up. The said visiting fire officer well aware of installation of telecommunication tower in refuge area did not high light the said discrepancies. . Please advise which authority to write when the responsible head of the organisation fails to or does not responds to any mails. Note the several deaths due to fire incidents specially in mumbai under the MCGM authority. Sent from my iPad using RTI INDIA mobile app
  14. Sir, I have send RTI application to p.i.o. through registered post with acknowledgement due. The post had delivered to p.i.o. I can able to know with the help of online tracking status of india post. I have been waiting from 10 days but I didn't get my postal acknowledgement back to me for proof of delivery of post. At this time I can use as a proof of delivery of online track status in place of registered post acknowledgement. Will it be valid or invalid. Thanking you ... Sent from my Redmi 5A using RTI INDIA mobile app
  15. By Zubin Dash in Epw.in on 10 Feb 2018 https://www.epw.in/engage/article/can-government-continue-unhindered-wiretapping-without-flouting-right-privacy [Note: Open the link in a new browser tab and change https to http] Communications surveillance constitutes an important component in maintaining the sovereignty, integrity, and security of the state, and in aiding in the prevention and investigation of crimes. However, there are reports of tools of mass surveillance being deployed by the government. This article argues for a mechanism which institutionally provides greater checks, and does not provide untrammelled access to the state in our private lives. Introduction The Justice Puttaswamy v Union of India (2017) judgment has set the ball rolling for evolving a new privacy paradigm, strengthening the case for individual privacy protection, and touching upon varied facets of the right, encompassing everything from the kitchen to the bedroom to the closet. One of the most common and well-known state-sanctioned intrusions into our privacy is the interception of our telephonic conversations. Telephonic interception is one of the oldest forms of surveillance employed by the state. It is no surprise thus, that the bulk of its regulations continue to stem from colonial laws. Now that doubts regarding the nature and existence of the right to privacy have been put to rest, it is time for the government, members of parliament, and various privacy law advocates to begin a comprehensive relook at the interception architecture in place. Privacy advocates indeed have a reason to celebrate. Apart from the recent historical nine-judge bench decision recognising the right to privacy as a fundamental right, it has also been two decades since another very historical decision, People’s Union for Civil Liberties (PUCL) v Union of India (1997), commonly known as the wiretap case. This judgment is significant because it was here that the Court found that powers of law enforcement agencies (LEAs) to intercept telephonic communications, must be guided by duly established legal procedures, because interception involves an intrusion into an individual’s freedom to exercise rights conferred under articles 19 and 21 of the Constitution. The Court laid down guidelines for how requests for authorisation of interception are to be carried out, the period of interception, and so on. These guidelines were subsequently notified by the government. India's communications surveillance framework has several problems. First, there is divergence between the various statutes that govern the interception frameworks of different communications (such as posts, telephone, and the internet) in terms of the varying grounds that they provide to the state to intercept such communications (Kharbanda 2015). Second, the actual procedure governing the authorisation of the interception calls for closer examination. The efficacy of present systemic safeguards against abuse in this regard is doubtful. Third, there is a paucity of data in the public domain pertaining to various facets of the interception architecture. Little information exists in the public domain as to the extent of state surveillance over our communications. Tying in with this problem of information asymmetry between the state and its citizens is the fact that there are reports of tools of mass surveillance being deployed by the government (Prakash 2013). The legality of such interception measures is untested in courts of law, which may find that they fall foul of the overarching constitutional standards for derogation of fundamental rights. This article examines certain aspects of the second and the third problems stated above. Rules of the Game: Well Intentioned but not Practical While the power to intercept telephonic communications comes from Section 5 of the Telegraph Act, 1885 the procedure regulating how the competent LEAs are to carry out this interception is governed by the Telegraph Rules, 1951. Under rule 419A, the union home secretary in case of central LEAs, or the home secretary of the state governments in case of the state police grants authorisation to such agencies to intercept telephonic conversations. The rules also provide for delegation to an officer of the rank of joint secretary in unavoidable cases. In exigent circumstances, however, the concerned LEA may itself, with the permission of its head or the second highest ranking officer (not below the rank of inspector-general), carry out emergency interception, but must notify the home secretary within three days and also explain the circumstances. Failing subsequent ratification by the home secretary within seven days, this interception must cease immediately. The central agencies authorised to carry out telephonic interception include the Research and Analysis Wing, Intelligence Bureau (IB), Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, Narcotics Control Bureau, Directorate of Enforcement, Directorate of Signals Intelligence, and the Central Board of Direct Taxes. In addition, similar powers have also been provided to the state police forces (Singh 2014). The Rules also provide for a review mechanism. Under these rules, a review committee headed by the cabinet secretary in case of the centre and the chief secretary in case of the states has been established. This committee is to receive a copy of every authorisation of interception by the concerned home secretary within seven days of him/her doing so, and must meet at least once every two months to review the same. In case they find the reasons wanting, the interception must cease with immediate effect. Prima facie, these rules appear comprehensive enough and padded with sufficient safeguards. Yet, based on central government responses to right to information (RTI) requests, annually, the union home ministry approves close to 1 lakh requests for interception, while some estimates place the number between 7,500–9,000 requests per month (SFLC 2014). Even if we assume the lower number at 7,500 interception requests per month to be true, it would mean that the home secretary has to scrutinise about 250 requests for authorisation per day. It is pertinent to note that whilst considering requests for interception by LEAs, the secretary/joint secretary must mandatorily consider whether there are alternate means to acquire the information sought, and if not, then the reasons requiring interception should be recorded in the order authorising interception. The order must also specify which officer is authorised to carry out the interception, to whom such officer may disclose details revealed in the course of the interception, and so on. Clearly, the rules contemplate a near quasi-judicial application of mind, and not merely a clerical process of blindly approving or rejecting such requests. It may be noted that the mandate of the union home ministry includes matters relating to border management, internal security, Jammu and Kashmir affairs, census, official language, centre–state relations, union territories administration, human rights, police, prison management and freedom fighters' pensions (MHA 2015). The union home secretary, thus, is responsible for the overall functioning of all these matters. One can only imagine how he/she can do justice to every application that infringes upon citizens’ essential freedoms given the quantum of interception requests, and the wide variety of affairs the home secretary must see to on a daily basis. All of this does not even consider how many home secretaries in the past have had any legal training or technical competence to make such decisions. Home secretaries at both the central and state level are drawn from the Indian Administrative Service. Thus, a decision regarding a fit case for authorising interception is not made by judicial officers or individuals with experience in law enforcement and intelligence gathering, but by a generalist bureaucrat. This has serious ramifications, not just from the point of view of individuals’ right to privacy being violated, but also even from the point of view of the state. Imagine a bureaucrat, bereft of any legal, judicial or technical training, afraid of being pulled up for sanctioning too many authorisations for interception, who chooses to err on the side of caution and rejects the majority of such applications en masse. Considering the mandate of the concerned LEAs, such a decision of the home secretary authorising or rejecting requests for interception would have implications on national security, terrorism-related matters, smuggling of arms and fake Indian currency notes, and possibly also massive revenue losses for the exchequer. It is thus clear that the present model needs a major overhaul. Attempts have been made to bring about reforms. The aforementioned PUCL judgment was the starting point of such attempts. Recently, a bill touching upon this aspect was introduced in Parliament. It envisages a separate authority to deal specifically with such requests. It would be interesting to note the direction of the parliamentary debates over this bill in light of the recent Puttaswamy judgment. Given the fate of earlier bills of a similar nature in the parliament, there is not much cause for optimism. Another model which may be considered is that of the United States, which sees prior judicial intervention, wherein a judge authorises a wiretap, much like how a judge would issue a warrant to make searches and seizures, or to arrest accused persons (Solove 2007). This model, while certainly more attractive from a human rights perspective, may be debatable in the Indian context considering that the judiciary is already overburdened with high rates of pendency combined with huge vacancies (Gowda 2015). It is pertinent to ask whether it is wise to have multiple judges accessing sensitive details of ongoing investigations versus having a single home secretary. There is also a question on whether the subordinate judiciary (if made part of this architecture) is competent to make such determinations. It is clear that whichever model is ultimately chosen, be it an independent authority or a privacy commissioner as some suggest (Justice A P Shah (Retd) Committee 2012), this authority should draw its staff from the judiciary, LEAs, the intelligence community and the civil society. In the interim, while different models are considered, at the very least, the home secretary may be provided a dedicated team of joint secretaries, having prior experience in intelligence, investigations and security. Data for Robust Privacy Protection Regime Another concern in this respect is the lack of information that the government is willing to part with. On an RTI application to the union home ministry seeking information on the agency-wise and month-wise break up of the number of requests for authorisation of interception, the response stated that such information was not available, and even if it were, the information would be denied under Section 8 of the RTI Act. Interestingly, information had been provided to the applicant in a similar RTI request in 2014 (SFLC 2014). These RTI requests filed were carefully drafted so as to not seek information which would compromise India's security, or any ongoing investigations. The intention was to simply discern how many such requests there have been in the past, and what principles guide the home secretary’s decision-making process. Unfortunately, replies were not provided, and where they were, they were vague. Without adequate data about the nature and extent of interception, reform measures cannot adequately target current institutional flaws. Any proposed oversight mechanism would only find itself stifled, and reasoned public discussion on the same would not be possible. The Delhi High Court’s recent decision in CPIO, Intelligence Bureau v Sanjiv Chaturvedi (2017), is significant because it brought intelligence agencies such as the IB into the fold of the RTI Act when the information sought pertains to allegations of corruption or human rights violations. Considering that the Supreme Court recognised the right to privacy as a fundamental right, and that this right figures in several international human rights instruments (such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights), it could now be argued that data with respect to interception, so long as not compromising national security, intelligence gathering, and ongoing investigations, ought to be provided. The justification given by the union home ministry therefore may no longer hold good. Given the importance the judiciary has accorded to this right, data in this respect is not only useful for academic pursuits, but also for the realisation of the citizens’ fundamental human rights. Conclusions A note of caution—this article recognises that communications surveillance constitutes an important component in maintaining the sovereignty, integrity, and security of the state, and also in aiding in the prevention and investigation of crimes. It simply argues for a mechanism which institutionally provides greater checks, and does not provide untrammelled access to the state in our private lives. Such fears of abuse are not unfounded, as cases of illegal wiretaps have been reported in the press, discussed in Parliament, and even taken to court (Khetan et al 2010; Singh 2014). Similarly, access to information pertaining to our interception architecture is also understandably scarce. This paper does not argue for a regime of privacy where all data relating to interception is made publicly available. Rather, it argues for making data available in order to aid both policymakers and courts of law in understanding and limiting overbroad state intrusions into citizens’ private lives without compromising on the purpose behind legitimate interceptions. Some argue that those who have nothing to hide need not be afraid of surveillance. This argument is flawed since it does not consider how pervasive surveillance influences human behaviour, inducing what is termed as the “chilling effect,” making people alter their behaviour due to their expectation of constantly being watched (Solove 2007). This in turn affects the exercise of essential liberties such as the freedoms of speech, expression, and association. It can even be used as tool to curb legitimate activities and to stifle dissent (Solove 2012). Such concerns must never be allowed to persist in a country with a democratic ethos as strong as India’s. While the right to privacy has been termed by many as the “most cherished right” of individuals, yet its enjoyment suffers from what is termed as the privacy paradox (Blank et al 2014). This theory suggests that while an individual cares about her theoretical right to privacy, when it comes to the actual exercise of the right, the right-holders are willing to contractually alienate the right based on other considerations such as peer pressure and social norms. Despite this seemingly paradoxical situation, the widespread acceptance of the recent Supreme Court decision has shown that people do indeed value this right. Consensus largely exists that state-based intrusions into our private lives are not permissible, barring a few cases. It is apt thus, to make the most of this heightened public awareness of our constitutional liberties and freedoms. These energies must be channelled to reform the existing surveillance architecture as well. [Zubin Dash is a Lok Sabha Research Fellow]
  16. Guest

    Life and liberty case of RTI

    I want to file a application of rti to p.i.o. under life and liberty . After delivered of RTI application to p.i.o , does he think the matter which I have applied through rti not belongs under life and liberty section of rti. Will he reject an application, ( or) Will he provide the information u/s 6(1), (or) Will he provide the intimation to me, your application doesn't comes under life and liberty, so we can forwarded to u/6(1) rti application. Complete Grievance action taken report comes under life and liberty section of rti or normal application of rti u/s 6(1). Please guide me thanking you.... Sent from my Redmi 5A using RTI INDIA mobile app
  17. Please explain the difference between lok adalat and permanent lok adalat . What is the process to apply, At what day(Saturday or second Saturday) we can file the case into loka adalat or permanent lok adalat, What is the duration to complete the case in lok adalat or permanent lok adalat, Hon' ble chairman how deals with case, how passes an award to both the party related to any matter,(specially civil and revenue department of state govt. ) Directly we can file the case in loka adalat or permanent lok adalat, before going to concerned court. What are the precautions to take before filing case in loka adalat or permanent lok adalat, What is the letter format of loka adalat or permanent lok adalat to file the case, One of my friend needs this information, please guide me. Thanking you in anticipation of your help Sent from my Redmi 5A using RTI INDIA mobile app
  18. Can i get information under rti rule from hindalco? my sister made a maintenance case on husband because of ignorance so, how could get the detail of his working days and salary from hindalco lohardaga under rti rule
  19. Shrawan

    The Importance of Right to Information

    RTI makes our mind fertile and responsible citizen
  20. salmanshaikh786

    RTI Act Rule 8(1)J ..!!

    Respected Hon'ble Members.... Personnel information will not be disclosed if it is so it required large public interest... How we have to consider the large public interest..is there any fixed numeric or any value which describes the same... Plz help me Out..!! Sent from my iPhone using RTI INDIA mobile app
  21. If the CBSE exam marks are available online now, then there can be no claim of right to privacy for the previous students, the Delhi high court said on Thursday. The court’s observation came during the hearing of the Central Board of Secondary Education’s (CBSE) plea challenging a Central Information Commission (CIC) direction allowing inspection of Union minister Smriti Irani’s Class 10th and Class 12th records to an applicant under the Right to Information (RTI) Act. “Are all the CBSE marks of students available in the public domain today? If it is possible today, then you cannot say there is a right of privacy qua results of earlier students,” Justice Vibhu Bakhru observed. Read more at: Right to privacy not an issue if marks of students are available online, HC says - Times of India
  22. I am from BHARUCH,GUJARAT.. How much salary in engineering College? On according to AICTE,NEW DELHI SALARY OF LECTURES,PROFESSOR,PRINCIPALs..? Sent from my iPhone using RTI INDIA mobile app
  23. Esteemed Friends , The hearing date before 1st Appellate Authority has been fixed on 21st feb but owing some exigencies I have to leave the station for a week. Can I apply for hearing on some other date? N.Azad Sent from my SM-G570F using RTI INDIA mobile app
  24. http://www.dot.gov.in/sites/default/files/Link6.doc?download=1 Right to Information | Department of Telecommunications | Ministry of Communication | Government of India You can find in the bottom that DOT has classified some documents and won't give them to you. How they came to the conclusion that these are classified and are these excluded under RTI or their own decision, only our Lord knows that. My guess is they are not classified under RTI, but by their own decision. It isn't really a right if they decide what information they give you. If they chose what information to give, it's not a right. DOT seems to think that they have right to make changes to RTI act and exculde whatever information they feel the public shouldn't see. Atleast they are protecting activists lives without giving them powerful information.
  25. In response to a query filed under Right to Information (RTI) filed by a non-governmental organisation (NGO) Watchdog Foundation, in the Kamala Mills fire case, the Maharashtra Pollution Control Board (MPCB) have stated, no permission was obtained from them to operate in the premises. “We have received information under RTI Act, from MPCB which has stated the officials had not issued Consent to Establish and Consent to Operate to Kamala Mills. This fact has been entirely omitted in the report probing the fire incident at Kamala Mills, given by the Municipal Commissioner Ajoy Mehta,” said Godfrey Pimenta, trustee of Watchdog Foundation. Read more at: https://freepressjournal.in/mumbai/mumbai-kamala-mills-operated-without-mpcb-consent/1222271
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