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Safety of the RTI Activists under the Right to Information Act, 2005


minturaj
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Hey aslamkhan and others please instead of saying thanks post here your idea exploring RTI act to provide safety to our RTI activists. May be I or some one else approach the Hon'ble Court to implement the provisions of the RTI Act in its true sense as discussed above. You are further requested to attached the relevant case laws, articles or there source so that may be used in the court proceedings

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Just replying to the post # 1 in brief:

 

1. Although "electronic means" is a valid mode of submitting RTI applications, it is not practical because:

 

- PIOs have not displayed their email id's anywhere

- Most PIOs are not well versed with email and do not even open their inboxes

- The appropriate governments have not prescribed the mode of payment of application fees in case of application by electronic means

 

2. Even if you make the request through electronic means, how will you get the "information" through electronic means - since most offices do not have their records converted into electronic/soft form and nor do have scanners.

How will you get "certified" copies through email ?

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Thanks a lot Mr. karira

 

First of all, I have made an attempt to explore the RTI Act to provide safety to our RTI activist. I have quoted the relevant provisions of the RTI Act.

 

1. Although "electronic means" is a valid mode of submitting RTI applications, it is not practical because:

 

- PIOs have not displayed their email id's anywhere

 

Answer:

PIOs can be compelled to show their email ID's at the website. Hon'ble CIC has even power under section 19(8) that say " In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, ........"

- Most PIOs are not well versed with email and do not even open their inboxes.

 

Answer:

Then PIO will be punished as per law. Hon'ble CIC has even power under section 19(8) that say " In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, ........"

 

- The appropriate governments have not prescribed the mode of payment of application fees in case of application by electronic means

 

Answer:

Appropriate Government can be directed by the Hon'ble CIC under section 19(8) that say " In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, ........"

2. Even if you make the request through electronic means, how will you get the "information" through electronic means - since most offices do not have their records converted into electronic/soft form and nor do have scanners.

How will you get "certified" copies through email ?

 

Answer:

Section 4 of the RTI Act says “Every public authority shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated” for this every public authority had been given the time of one hundred and twentieth day from the date of its enactment. It is well known fact “records duly catalogued, indexed” and “computerized” would not disproportionately divert the resources of the public authority in searching of even voluminous record.

 

If you have more question Please do post the same. I would be glad to answer the same.

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