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  1. ashakantasharma

    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) is an international organisation whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace. The UN was founded in 1945 after World War II to replace the League of Nations, to stop wars between countries, and to provide a platform for dialogue. It contains multiple subsidiary organizations to carry out its missions. There are currently 192 member states, including every internationally recognised sovereign state in the world but the Vatican City. From its offices around the world, the UN and its specialized agencies decide on substantive and administrative issues in regular meetings held throughout the year. The organization has six principal organs: the General Assembly (the main deliberative assembly); the Security Council (for deciding certain resolutions for peace and security); the Economic and Social Council (for assisting in promoting international economic and social cooperation and development); the Secretariat (for providing studies, information, and facilities needed by the UN). United Nations accepted Right to Information right from its beginning in 1946. The General Assembly resolved that: ―freedom of information is a fundamental human right and the touchstone for all freedoms to which the United Nations is consecrated.‖ ii) Universal Declaration of Human Rights, 1948 The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly (10 December 1948, Paris). The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law. Article 19 of the Universal declaration of Human Rights of 1948, states that, ―Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.‖ iii) International Covenant on Civil and Political Rights, 1968 The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of December 2010, the Covenant had 72 signatories and 167 parties. The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). The ICCPR is monitored by the Human Rights Committee (a separate body to the Human Rights Council), which reviews regular reports of States parties on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee meets in Geneva or New York and normally holds three sessions per year. Article 19 of the Covenant states as following:- (1) Everyone shall have the right to hold opinions without interference; (2) Everyone shall have the right to freedom of expression, this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice. iv) The Commonwealth The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states. All but two (Mozambique and Rwanda) of these countries were formerly part of the British Empire, out of which it developed. The member states cooperate within a framework of common values and goals as outlined in the Singapore Declaration. These include the promotion of democracy, human rights, good governance, the rule of law, individual liberty, egalitarianism, free trade, multilateralism, and world peace. The Commonwealth is not a political union, but an intergovernmental organisation through which countries with diverse social, political, and economic backgrounds are regarded as equal in status. Its activities are carried out through the permanent Commonwealth Secretariat, headed by the Secretary-General, and biennial meetings between Commonwealth Heads of Government. The symbol of their free association is the Head of the Commonwealth, which is a ceremonial position currently held by Queen Elizabeth II. Elizabeth II is also monarch, separately and independently, of sixteen Commonwealth members, which are known as the "Commonwealth realms". The Commonwealth is a forum for a number of nongovernmental organisations, collectively known as the Commonwealth Family, which are fostered through the intergovernmental Commonwealth Foundation. The Commonwealth Games, the Commonwealth's most visible activity, are a product of one of these organisations. These organisations strengthen the shared culture of the Commonwealth, which extends through common sports, literary heritage, and political and legal practices. Due to this, Commonwealth countries are not considered to be "foreign" to one another. Reflecting this, diplomatic missions between Commonwealth countries are designated as High Commissions rather than embassies. The Commonwealth- association of 54 countries- affirmed the existence of RTI by emphasizing the participation of people in the government processes. The law ministers of the Commonwealth at their meeting held in Barbados in year 1980 stated that ‗public participation in the democratic and government process would be most meaningful when citizens had adequate access to official information‘ v) The Rio Declaration on Environment and Development, 1992 and Access to Information Principle 10 of the Rio Declaration on Environment and Development, 1992 first recognized the fact that access to information on the environment, including information held by public authorities, is the key to sustainable development and effective public participation in environmental governance. Agenda 21, the ‗Blueprint for Sustainable Development‘, the companion implementation document to the Rio Declaration, states: ―Individuals, groups and organizations should have access to information relevant to environment and development held by national authorities, including information on products and activities that have or are likely to have a significant impact on the environment, and information protection measures.‖ At the national level, several countries have laws which codify, at least inpart, Article 10 of the Rio Declaration. In Columbia, for example, Law 99 of 1993 on Public Participation in Environmental Matters includes provisions on the right to request information. Likewise, in the Czech Republic, there is a constitutional right to obtain information about the state of the environment, which has been implemented in the number of environmental protection laws. In 1998, as a follow up to the Rio Declaration and Agenda 21, member statesof the United Nations Economic Commission for Europe (UNECE) and the European Union signed the legally binding Convention on Access to Information, Public Participation in DecisionMaking and Access to Justice in Environmental Matters (the Aarhus Convention). The Aarhus Convention(named after the Danish city where it was adopted) recognizes access to information as a part of the right to live in a healthy environment rather than as a freestanding right. However, it does impose a number of obligations on States which are consistent with the international standards, for example, it requires States to adopt broad definitions of ‗Environmental Information‘ and ‗Public Authority‘, exceptions must be subject to a public interest test, and an independent body with a power to review a refusal of request for information must be established. Forty European and Central Asian countries that ratified this convention have put in place legislative and administrative mechanisms to provide environmental-related information to public. Further, The United Nations Secretary-General Kofi Annan (1997-2006) had said that although regional in scope, the significance of the Aarhus Convention is global. It is by far the most impressive elaboration of principle 10 of the Rio Declaration, which stresses the need for citizens' participation in environmental issues and for access to information on the environment held by public authorities. As such, it is the most ambitious venture in the area of environmental democracy so far undertaken under the auspices of the United Nations. The influence of the Aarhus Convention also extends beyond the environmental field. At the Second Internet Governance Forum, held in Rio de Janeiro on 12-15 May 2007, the Convention was presented as a model of public participation and transparency in the operation of international forums. vi) The African Union and Right to Information The African Union (AU) consists of 53 states. The only African nations with a law implementing the right to information are Angola, South Africa, Uganda and Zimbabwe. In Zimbabwe, the Access to Information and Protection of Privacy Act, 2002, in effect restricts the flow of information instead of facilitating transparency in government bodies. However, Article 9(1) of the African (Banjul) Charter on Human and Peoples‘ Rights, explicitly recognizes the right of people to seek and receive information and says that ―Every individual shall have the right to receive information. In 2002, the African Commission on Human and Peoples‘ Rights reinforced the view that: ―public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information‖. The African Union‘s Declaration of Principles on Freedom of Expression in Africa, 2002 also recognizes that everyone has a right to access information held not only by public bodies, but also by private bodies when this information is necessary for the exercise or protection of a human right. Though not binding, the aforesaid Declaration has considerable persuasive force as it represents the will of a sizeable section of the African population. The Declaration lays down the following principles: Everyone has the right to access information held by public bodies. Everyone has the right to access information held by private bodies which is necessary for the exercise or protection of any right. Any refusal to disclose information shall be subject to appeal to an independent body and/or the courts. Public bodies shall be required, even in the absence of a request, to actively publish important information of significant public interest. No one shall be subject to any sanction for releasing in good faith information on wrongdoing, or information which would disclose a serious threat to health, safety or the environment. Secrecy laws shall be amended as necessary to comply with freedom of information principles. The African Union‘s Convention on Preventing and Combating Corruption, 2003 further recognizes the role that access to information can play in facilitating social, political and cultural stability.37 For this reason, Article 9 requires that every State adopt: ―legislative and other measures to give effect to the right of access to any information that is required to assist in the fight against corruption and related offences‖. vii) Organization of American States The Organization of American States (OAS), or, as it is known in the three other official languages, is a regional international organization headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the American Continent. American Convention on Human Rights was adopted by the Organization of American States (OAS) in 1969. This international treaty is legally binding in nature. Article 13 of the convention reads as follows;- (1) Everyone has the right to freedom of thought and expression. This right shall include freedom to work, receive and impart information and ideas, of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one‘s choice. Clause 2 states that exercise of such right may sometimes be subject to liabilities or restrictions if it compromises the national security or contravenes the right available to others. viii) European Convention on Human Rights The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe, drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights. Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court. Judgements finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of judgements, particularly to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained. The establishment of a Court to protect individuals from human rights violations is an innovative feature for an international convention on human rights, as it gives the individual an active role on the international arena (traditionally, only states are considered actors in international law). The European Convention is still the only international human rights agreement providing such a high degree of individual protection. State parties can also take cases against other state parties to the Court, although this power is rarely used.The Convention has several protocols. For example, Protocol 13 prohibits the death penalty. The protocols accepted vary from State Party to State Party, though it is understood that state parties should be party to as many protocols as possible. The Council of Europe (COE) is an intergovernmental organisation, composed of 43 Member States. It is devoted to promoting human rights, education and culture. One of its foundational documents is the European Convention on Human Rights (ECHR), which guarantees freedom of expression and information as a fundamental human right. Clause 1 of Article 10 of the Convention states that, ‗Everyone has the right to freedom of expression. This right shall include freedom to hold opinions, and to receive and impart information and ideas without interference by public authority and irrespective of frontiers‘. However, clause 2 provides that such right is subjected to such formalities, conditions, restrictions or such penalties as are prescribed by law, and are necessary in a democratic society, and if it harms the national interest or territorial integrity. However European Court of Human Rights interpreted Article 10 strictly That is to say it was held that freedom to information prohibited the Government from restricting a person from receiving information. But, at the same time it does not provide any positive right to a person for obtaining the information. This interpretation was based on the difference between ‗freedom‘ and ‗right‘ Most of the above discussed international instruments do not deal with RTI directly. Their role however is not diminished at all by this fact. Like a first step they showed the world community a direction to be explored in order to materialize the democratic value of RTI, thereby making the systems transparent and world more amicable for the people. ix) The Asia-Pacific and the Right to Information The Asia-Pacific nations with a specific and functional law implementing the right to information are Australia, Azerbaijan, Georgia, India, Israel, Japan, New Zealand, Pakistan, South Korea, Tajikistan, Thailand and Uzbekistan. Neither Asia nor the Pacific has an over-arching regional body that sets or monitors human rights standards in the regions. However, this does not mean that there is no recognition of the people‘s right to information – it just comes from different fora. Rather than being recognized in human rights related treaties, the Asian and Pacific countries have generally recognized the importance of the right to information in other agreements. One human rights charter in the region that includes the right to information is the revised Arab Charter on Human Rights which was adopted at the Summit Meeting of Heads of State of the members of the League of Arab States at their meeting in Tunisia in May, 2004. The Charter includes a specific right to information provision in Article 32(1) which states: ―The present charter guarantees the right to information and to freedom of opinion and expression, as well as the right to seek, receive and impart information and ideas through and medium, regardless of geographical boundaries.‖ Although the Charter has been signed by a number of countries, it has not received the required number of ratifications to come into force. The Association of South East Asian Nations‘ (ASEAN) 1967 Bangkok Declaration states in its aims and purposes that it adheres to the principles of the United Nations Charter, including Article 19 of the Universal Declaration of Human Rights which includes the right to information. The Asia Development Bank - Organisation for Economic Cooperation and Development (ADB-OECD) Anti-Corruption Initiative Action Plan, sets out members states‘ commitment to freedom of information in order to: ―ensure that the general public and the media have freedom to receive and impart public information and in particular information on corruption matters in accordance with domestic law and in a manner that would not compromise the operational effectiveness of the administration or, in any other way, be detrimental to the interest of governmental agencies and individuals. The Pacific Plan, endorsed by leaders of 16 Pacific Island nations, has a good governance pillar which includes the requirement that states develop freedom of information mechanism. Recognizing the importance of sharing information, the Pacific Islands Forum Secretariat is in the process of developing its own internal disclosure policy which will provide people access to the information it holds. CONCLUSION The access to information is lifeline of a progressive society. Our Constitution provides for freedom of expression and this freedom is directly connected with access to information. Even after more than 66 years of Independence, the people of India are largely living in the darker side of the governance of the Country and are often uninformed about the public affairs affecting their life and survival. Though, India a late starter in introducing transparency, yet this bold initiative needs appreciation. Right to Information Act symbolizes a revolution, not so much in the way of working, but in the way of thinking. If implemented successfully, democracy as an idea will attain a new height and will go in a long way for achieving the Constitution goals.
  2. Dear Sir / Medam, I Arnav Jagdishbhai Sorathiya From Rajkot (Gujarat). I Previously Known As Lakhan Jagdishbhai Sorathiya And I Change My Name In Government Of Gujarat Gazette Procedure. I Change My Name In My All Documents But I Can't Change My Name In My Birth Certificate And My S.S.C. And H.S.C. Mark sheet. Because Our Officers Tell Me It Can't Change In Whole Life. So I Am Very Confused. So Please Sir Tell Me Legal Procedure Of Change My Name In My Birth Certificate And S.S.C. And H.S.C. Mark Sheet. Please Sir I Am Waiting For Your Answer. Yours Faithfully, ARNAV J. SORATHIYA RAJKOT (GUJARAT)
  3. tgbinnyrajan

    legal heir certificate

    Hello, My fathere passed away in the year 2002. He worked in CPWD and my mother had the previlage to get his pension. I need my fathers legal heir ceritificate. My mother passed away in 2008. Plese guide me.
  4. On July 2, the team along with PDVCO met the Deputy Commissioner, Phek on the topic “The Impact of RTI in Nagaland since inception”. The DC, Murohu Chotso, shared that initially no officer was designated to be PIO or APIO in the departments, hence, the documents demanded through RTI could not be furnished to the applicants in time. He informed that good numbers of RTI applications are filed in Phek district, but awareness regarding the Act is still low, especially amongst the public and in rural areas. Meanwhile, he stated the applicants/ petitioners must not file RTI just for the sake of harassing the public authorities, while citing that many RTI applicants are not making proper use of it and nothing comes out after receiving the demanded documents. Read more at: Legal awareness campaign held in Phek | The Morung Express | The Morung Express
  5. Imphal, May 02 2015 : A one day legal awareness camp on Right to Information Act (RTI), 2005 was held at Leikoiching Village, Senapati district on Friday.It was jointly organized by the All Tribal Disabled Union Manipur (ATDUM) and District Legal Services Authority (DLSA), Senapati.Assistant Professsor, Human Rights Center, Manipur University Dr.Gaikhamsen attended as resource person and Headman Leikoiching Village Paisho, Principal, Paramount Standard English School Silla J Konghay, Chief Judicial Magistrate (CJM) Senapati Wisdom Kamodang attended as special guest respectively.Speaking on the occasion ATDUM General Administrative Secretary, T.Chuongsin, the camp will give awareness not only to the general public but also to the physically challenged persons.Read at: One day legal awareness camp on Right to Information held : 03rd may15 ~ E-Pao! Headlines
  6. Their ownership is, usually, hotly contested and a recent Right to Information (RTI) reply from the Land and Building branch has revealed a case which establishes illegal occupation of one such evacuee property located in North Delhi’s Karol Bagh over several generations. Read more at: 683 evacuee properties subject of legal strife - The Hindu
  7. A Right to Information (RTI) query filed by activist Anil Galgali has revealed that in 13 years between 2001 and 2014, the Brihanmumbai Municipal Corporation (BMC) paid a jaw-dropping Rs 105 crore in fees to a total of 151 lawyers to represent it in various courts. What’s even more shocking is that despite spending such an astronomical amount, more than 70,000 cases of the civic body are still pending in courts, raising question marks over the performance of the legal department. Read more at: Rs 105 crore paid in BMC legal fees | The Asian Age
  8. Haryana Paid Rs. 5.5 Crore as Legal Fees For a Single Case NEW DELHI: To fight high-profile cases, state and Central governments often hire senior lawyers. But the previous Haryana government under chief minister Bhupinder Singh Hooda of the Congress was billed an unusually high amount - a whopping Rs. 5.5 crore - to prosecute workers accused of violence at Maruti's plant in Manesar, in the western part of the state. More than 150 workers were arrested - almost all are still in jail - in an outbreak of violence at the Manesar plant of the carmaker in 2012, in A Right to Information (RTI) application accessed by NDTV has revealed that senior counsel and now Congress Rajya Sabha MP KTS Tulsi was appointed by the state as a Special Public Prosecutor (SPP) in the Maruti case. Mr Tulsi charged Rs. 11 lakh for a single appearance in the Gurgaon Additional District and Sessions Court. The RTI reply also details other fees, including that of Mr Tulsi's three assistants - Rs. 66,000 for each appearance - and "clerkage" of over Rs. 1 lakh for his expenses - a total of over Rs. 5 crore in just two years. Mr Tulsi, who has been a Congress Rajya Sabha MP since February 2014, said the violence had caused great alarm in Manesar, the state's industrial hub, and that he was approached by the Haryana government to represent it. But even for a high-profile case, that is a large sum for any government to pay as legal fees to its special prosecutors, especially for a trial in a lower court. In contrast to Mr Tulsi's fees, the special prosecutor in the coal scam case is paid approximately Rs. 33,000 for each hearing. When NDTV persisted with its questions about his fees, Mr Tulsi lost his temper. "I don't want to discuss my fees," he snapped and added: "I will not let you discuss it. It was an agreement between the Haryana government and me. I don't have to justify it." Vrinda Grover, who represents the Maruti workers in the Supreme Court, said it was hard to see how such a major expense was in public interest. "It's the choice of the state who it appoints as SPP, but to use public money for a sum such as this, we can look around to see if that is appropriate," she said. The Haryana Congress couldn't be reached for comment. The new BJP government in Haryana says hiring Mr Tulsi is an example of the old regime's excesses. "The government has its own battery of 85 law officers," said Bhupeshwar Dayal, Officer on Special Duty to Chief Minister Manohar Lal Khattar. "Yet, a questionable amount of money was paid to KTS Tulsi by the Hooda government. We're looking into it." In December last year, Mr Tulsi was dropped from the case. Even as the previous administration is asked to justify spending such an unprecedented amount of public funds on trying its own workers, the BJP must decide on whether Mr Tulsi will get the remainder of his dues - Rs. 65 lakh - still owed for his services. Read More: Haryana Paid Rs 5.5 Crore as Legal Fees For a Single Case
  9. Hello, For my projects on crime psychology, I need information on some of the serial killers in India. And as it's a thesis project, I need the detailed information, the background of the convicts for complete psychological analysis and case studies, So can I seek the information through filing RTI? Thank you so much in advance.
  10. I need RTI service provider in Lucknow who can ask on my behalf by their address ..i want my Name and Address confidential.. Ayoosh (Posting of mob. no. is against RTI India - Forum Rules - hence deleted)
  11. shailendrasinhparmar

    Terrace in Corporate Building

    Hi Friends, I am from Ahmedabad, Gujarat. My question is, can a builder sale a terrace to any party in a corporate building. Our office is situated in maninagar area and the builder has sold the terrace to some health club and they are not allowing anybody to go to terrace. Is that legal to sale a terrace or to give it on rent basis? Is there any law or details regarding this. Please let me know. Thanks, Shailen
  12. Hi Friends, My mother works in BSNL and recently when she was due for a promotion as a senior post fell vacant, the promotion was actually given to someone junior to her. My questions are: 1. Can seniority be overlooked in promotion in BSNL? 2. What help can i get using RTI? What questions should I be asking? 3. Is there a legal option available? If yes what is it? 4. Is is possible to get a stay on the promotion of the other person? From where? Thanks, Pawan
  13. SX4U

    H.Sc. Rules

    Hello, I wish to know if there is any book which "correctly" gives the "legal" & "mandatory" responsibilities of 1) Secretary 2) Chairman 3) Treasurer 4) Managing Committee of Housing Society in Mumbai. Also how much is the importance & compulsion for election for above posts in society. In our society, all these people were elected in good faith & there are no elections for above posts, there are meetings held 'only for managing co. members' notices are put on ordinary paper hand written with sketch pen. No minitues of the meetings are given to any members. Secretary is in "regular habit of shouting at any ordinary member". Secretary, Treasurer and Managing Committee is avoiding to have goverment audit for the accounts of the society. Most of the people are filthy reach and try to impose rules that suits them. Secretary, does not say anything to these people and talks in very low voice with them. Please suggest a good solution on this.
  14. I do have a question about the property right. Before that I would like to state the foll. Facts: The property was passed on to my mother by my grandfather (My Mother’s Dad) as a Gift. I recollect my Mom used to get a notice for Gift tax.. This property belonged to my great grandfather that was received as a inheritance by my Grandfather. My Mother has 2 children (Son - My Brother & Daughter - Myself). She wants to pass on the property to me for foll. Reasons: My brother does not look after my Mother nor does he provide. Whereas I do provide for her expenses. My Brother was educated (Engineering capitation fee as well as fees) by selling my fathers property (1 acre) whereas I was not. Altho’ Mom has no physical evidence of paying his fees etc…. Also, my brother took from my Mom Rs. 50,000 in 1990 for a business and lost all money. My Mother paid it in cash; hence no physical evidence is there. [*]My Mom has done a settlement deed in my name for the above property wherein she has mentioned that he does not look after and has been educated by selling off Fathers property. [*]Our religion is Christianity. Want to know the foll. - Can my brother contest for the right? - If so, is there a way that the entire property can be made in my name without my brother having legal right over it as this is my Mothers wish.
  15. I filled the RTI seeking the the info abt the fees collection in Govt aided school. I got the reply from the legal adviser of the institution. Wanted to get few clarifications for further proceedings… Can a Legal Advisor reply to the RTI on behalf of a particular Public Authority {organization/ Institution}. In the letter the Legal Advisor has specifically quoted that the application is wrongly addressed as well this institution is not covered under the RTI act…. In the reply from the PA,{sent by the Legal Advisor on behalf of the Institution} had used Demeaning/Dehumanizing and Demotivating language – as per my assumption I clearly see that there is an strategy used for me to withdraw this application from further proceedings… How do I take up this unlawful words used in the RTI by the Legal Advisor as well how do I Pass on the information that RTI is a common man’s law to the Advocate? What is the clause for me to fill against this para that did hit my Humaniness? [*]Hence forth – How should I proceed with this application?
  16. venufightsforjustice

    RTI in reference to cases pending in courts

    Is it possible to get information under RTI when some cases are pending in courts?
  17. Current week's concern expressed by various RTI Activists is on "Information Commissioner Mr.Tiwwari's pronouncement during his hearing that "Government servants are not allowed to use RTI Act from to-day. . . .". In response to my e-mail on this issue to Prof KK Nigam, Legal Advisor to CIC, he has clarified the issue to-day within his constraints. Quote " Since August 17, morning when I received the e-mail from Col Kurup captioned ' Government Servants are not allowed to use RTI Act from to-day ..... IC. Tiwari' I have frantically made several enquiries of any such decision has been delivered from the Office of the Chief Information Commissioner. With this the ghost of the decision and the consequent scare should be laid torest . . . . .KK Nigam" Unquote . This imply that the above pronouncement of Mr.Tiwari appears not given effect by CIC.
  18. Anybody who offers legal help at Ahmedabad? hari
  19. 1. I do need help of fellow RTI Activists to locate the PIO name and address of Calcutta High Court. 2. Court appoints receiver or Administrator in different legal cases who are nothing but "Court Officers" . They are generally advocates or Legal Practitioners who are members of Bar Association. 3. All courts are wholly financed by Govt. Hence courts are PA and comes under RTI Act 2005 ?? 4. All district courts come under High Court of that state. Hence PIO of High Court should be questioned for a "court officer" or receiver appointed by District court ?
  20. New Delhi, May. 13 (PTI): Turning down an RTI application seeking legal opinions as received by the Home Ministry in respect to a Delhi High Court decision, the Central Information Commission (CIC) has said divulging such details could compromise the government's position. "The government's interest or the interest of the public authority shall be irretrievably compromised if the communication between that authority and its counsel is made available to the very parties the government or the authority is contesting," said Information Commissioner A N Tiwari in a recent order. The CIC's comments came on an RTI appeal of one K G Bafana, who sought copies of legal opinion received by the Home Ministry after the Delhi High Court had directed the government to take a decision on an arbitration award over a particular issue. Denying such information on the legal opinion as had been received by the government, the commission noted that such a disclosure would be against the relationship between a counsel and his client which is customarily considered to be fiduciary and confidential. "If the legal advice received by the public authority is disclosed, then the next step would be to disclose even the material which it furnished to its counsel to the opinion. This relationship will, therefore, cease to remain either fiduciary or confidential," it observed. The Hindu News Update Service
  21. The following is the abstract of a paper presented by Mr V Nageswara Rao and Mr K V S S Janardhanacharyulu, belonging to the ICFAI University, Hyderabad. Source:The Icfai Journal of Governance and Public Policy, Vol. 1, No. 3, pp. 7-26, December 2006 The Right to Information (RTI) has acquired global attention as an important and critical component of the so-called “Third Generation” of human rights. 1 While the modern notions of human rights can be considered to be the products of Western Christian civilisation 2, the evolution of human rights actually took place in the West in the context of an adversarial relationship between the State and the individual. 3 Right from the Magna Carta through the American Bill of Rights to the Fundamental Rights under the Indian Constitution, human rights were envisaged as Constitutional guarantees to protect the individual's rights against State action. Interestingly, this conceptual postulate is diametrically opposite to what was posited in the ancient Indian political philosophy. It was stated in the “Neethi Shastra” that the source of strength to the weak and the underprivileged was the King or the State: “durbalasya balo rajah”. There is the need for a paradigm shift from the syndrome of State as an oppressor to the State as a protector and facilitator of human happiness. In the present era of globalisation, nothing can be more relevant for such an attitudinal change than the right to information - a shift from the regime of secrecy to the regime of transparency. SSRN-Legal Foundations of Right to Information: An Overview by V Nageswara Rao, K V S S Janardhanacharyulu
  22. ganpat1956

    Legal workshop on RTI

    KANNUR: A legal workshop on Right to Information Act and Right to Information Parliament organised by the People’s Council for Civil Rights will be held at Thalassery on January 8. Addressing media persons here on Tuesday, T Asafali, president of the council, said that the workshop will be held at 2 pm on Monday at the Hotel Pearl View Regency, Thalassery. Palat Mohandas, State Chief Information Commissioner will inaugurate it and P Fasaludheen, State Information Commissioner, will deliver the keynote address. The workshop will be followed by a question-hour session. A presidium of Parliament consisting of OG Premaraj, T Asafali, Vijith Viju, Raveendran Kandoth, Biju V Joseph, Sajith Kumar Chalil, Madhu Menon and P Sherafudheen will lead this session. Welcome to Newindpress.com
  23. Central Information Commission Decision No.285/IC(A)/2006 F. No.CIC/MA/A/2006/00653 Dated, the 20th September, 2006 Name of the Appellant : Sh. Pradipta Dutta, B-141 Chittaranjan Park, New Delhi – 110 019 Name of the Public Authority: Directorate of Income Tax (Legal & Research) (DIT), 3rd floor, Drumshaped Building, I.P.Estate, New Delhi- 110 002. DECISION Facts of the Case: The appellant had sought certain information in the form of queries, whichhave been duly responded by the CPIO and the appellate authority as well. Hehas however filed an appeal before the Commission against the reply of theappellate authority and prayed that the CPIO of DIT (L&R) be directed to furnishinformation with respect to his following queries: “Kindly inform why ITOs have been posted at DIT (L&R) even though there is no corresponding post in the same pay-scale at ITJSection, CBDT. What functions are the ITOs expected to discharge at DIT (L&R)? Kindly inform why ITOs at DIT (L&R) are being forced, under threat of disciplinary action, to perform the functions of an Asstt.Commissioner without being paid officiating pay.” Commission’s Decision: In its oft-repeated decisions, the Commission has advised the informationseekers that they ought not seek the views and comments of the CPIO on the questions asked by them. Yet, in the garb of seeking information mainly for redressal of their grievances, applications from requesters are filed. The CPIO’s in turn, have also ventured to answer them. Thus, the information seekers as providers have erred in interpreting the definition of information. A CPIO of any public authority is not expected to create and generate a fresh, an information because it has been sought by an appellant. The appellant is, therefore, advised to specify the required information, which may be provided, if it exists, in the form in which it is sought by him. The information sought relate to duties and responsibilities of ITOs deployed at different locations and the salary or compensation paid to them.Under Section 4(1) of the Act, all the public authorities are required to disclose such information as above. Had it been done by the respondent, the CPIO could have informed the applicant about the source where from he could have obtained the information. The need for filing application for information and this appeal could have thus been avoided. In pursuance of the principle of maximum disclosure, as u/s 4(1) of the Act, the CPIO is directed to disseminate the information so that in future, such applications are minimized. The appeal is accordingly disposed of. Sd/- (Prof. M.M. Ansari) Information Commissioner Download the Decision from Download segment.
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