Citizens' Issues
RTI Act is the only people-friendly law; use it

Right to information is a formidable weapon that promotes transparency and helps to curb corruption. While there are some drawbacks that can be addressed separately, we must use this law to its full potential

Just who can use the Right to Information Act? This would seem a strange or at best stale question, considering that the Right to Information (RTI) was implemented in 2005, on 12th October to be precise. But a little over five years later, the question is still relevant, as many people continue to be ignorant of the potency of this Act that could give them the information they seek, sometimes resulting in justice for oneself-all with the power of just a pen and paper.

The beauty of the RTI Act is that it is very Gandhian in its nature, as it non-violently demands information from public authorities (government departments) who are compelled to provide it under this law. Prior to this Act, the executive and the legislature took umbrage under the Official Secrets Act, 1923, and evaded making any information public. When the RTI Act came into force, it generally overruled the Official Secrets Act (which strangely has not been made null and void as yet). So, if any officer tells you that he is forbidden from revealing information under the Official Secrets Act, do tell him that the RTI Act has nullified it, even though it may still exist on paper.

Besides, all government departments across the country have been directed to suo moto disclose information in the public domain, preferably on a website, under Section 4 of the Act, within 120 days after the Act was implemented, and to update information at regular intervals. Many of them either have not done so, or have uploaded inadequate information (read as, that which is convenient to them).

We shall discuss, in another article, the intricate details of Section 4 which empowers the citizen to procure information faster than a written application under Section 6. Suffice to mention for now that inspection of files (under Section 4) can be done by any citizen by simply visiting a government office, and using the right to go through the official documents, as well as demanding and getting photostat copies/CDs of the required documents. Of course, certain documents cannot be revealed under Section 8 (which also we will understand with examples).

The best thing about the RTI Act is that the Public Information Officer (PIO)-the designated officer to whom the application is sent-cannot ask you the reason/purpose for your seeking information. Section 6(2) clearly states, "An applicant making a request for information shall not be required to give any reason for requesting the information or any other personal details, except those that may be necessary for contacting him." It does not matter who you are-you could be a criminal-but you have the right to get the information.

A unique example comes to mind. Several years ago, when I was working with a national daily, our resident editor received a very well written inland letter in English from a prisoner, who was serving a life sentence for murder in Yerawada Central Prison. He was kept in the Open Jail due to his good behaviour. However, after he led an agitation-joined by many fellow prisoners-against bad quality food being served in the jail, the authorities decided to put him in the closed prison as a punishment.

Humiliated, he filed an application under Section 6 of the RTI Act, demanding a copy of the Prison Manual Act, to find out the reasons under which he was transferred to the closed jail. Predictably, his application was rejected and, therefore, he dashed off a letter to the newspaper. My editor asked me to follow up the story. I called up the Inspector General (IG) of Prisons and asked him the reason why the prisoner's application was rejected. There was a flutter in the police office as the IG asked his officers to have the RTI application re-written by the prisoner and within 24 hours the prisoner received a copy of the prison manual. What happened after that is another story, but it highlights how people-friendly this Act is.

In all other laws, it is the citizen who is at the receiving end. For example, if you disregard the red traffic signal, you could face action from the traffic police. If you do not pay your income-tax in time, you could be penalised. However, in the case of the RTI Act, the public information officer has to supply the information asked for within a time frame (30 days, if it is under Section 6, and instantly if it is under Section 4) when the citizen (applicant) demands it. Else, he could be penalised. (This has not been implemented in right earnest as most of them are given a hearing and pardoned.) The applicant can appeal to the first appellate authority (a senior officer of the department given this additional charge), or the second appellate authority, that is, the information commissioner.

Recently, Lucknow-based Aishwarya Sharma, all of nine years old, filed an application under the RTI Act about a garbage heap in front of her school. Thanks to her initiative and the amplification of the issue by the media, the overflowing garbage dump has been taken away and a library has come up at the spot. Teenagers in various parts of the country and those who have appeared for competitive examinations have filed RTI applications to demand copies of their original answer sheets, when in doubt about the marks they have received. While some have received them, most have had to file second appeals before the information commissioners who have given favourable decisions.

As per the official record at the State Information Commissioner's office in the Pune Division, 70% of the applicants seek personal information. But as information commissioner Vijay Kuvalekar states, most of them reflect social trends that affect many.

Of course, the RTI Act is not a magical wand, as procuring information requires perseverance. At times, rejection of the application can make one skeptical about the Act. There are cases of misuse also. But, overall, it is a formidable weapon for the common man that promotes transparency and helps to curb corruption, and since it has come more than five decades after Independence, we should use it to its full potential. Drawbacks such as its misuse could be addressed by experts. Each one of us should conserve and strengthen the Act by invoking it.

(The writer is a senior editor, author and convener of Pune Metro Jagruti Abhiyaan.)




6 years ago

good , need to be frequantly updated with examples so that non compliance by PIO u/s 8 can be taken up.

Sivaraman V

6 years ago

The RTI is not effective where there is inaction on the part of the concerned offices. Its does not compensate for the deficiency in services. There must be a right to services act to compliment RTI so that we can demand service for which we are eligible. After having paid the price or taxes we must get the desired quality of service.


6 years ago

I have found that the departments have stopped responding to ordinary letters and act only on RTI reminders. Secondly the responses tend to be vague and legalistic. Thirdly, they turn hostile and do whatever they can to "teach you a lesson" not to use the RTI if you know what's good for you.

In many states, recently retired IAS officers are given the cushy assignment of the RTI Commissioner, so that they effectively oversee all questions pertaining to their sojourn in the departments, which makes the citizens uncomfortable.

Nagesh KiniFCA

6 years ago

It is heartening to read Vinita's report on the RTI and that 9 year olds and prisoners with good behaviour succeeded.
RTI is in deed an excellent Gandhigiri tool made available to aam admi. It has worked wonders and I can vouch for from my experiences of filing a dozen applications with a cross section of authorities.
One of the most user-friendly suggestions is that the applicant seek inspection of documents and pay for photocopying the rather that ask for the info. It works faster.
Take three copies of the RTI application to a bigger Post Office pay Rs.10 and they'll not only despatch it for you but the reply within 30days will come back via the PO route Regd. AD.
During his keynote address on the Anniversary of the RTI Justice Dr. Dhananjaya Chandrachud asked why RTI is not applied in the private sector which is availing so many benefits. He's very right.
My own experience is that RTI and its "sister" PIL are grossly missued and abused by of all persons the so-called highly qualified and educated elite pseudo intellectuals masquerading as fake RTI Fraud Activists. I personally know of a single case of abuse by the same frustrated individual filing over 100 RTI applications and 3 frivilous and repetative PIL on a solitary issue against the Municipal Corporation, Such a waste of time and money for all including the Chief Justice's Court. This needs to be curbed urgently by nipping it in the bud before it turns into a massive flood - only the media like Money Life dedicated individuals and NGOs with the assistance of the Bar Councils can bring this about. I've made a small beginning. Those really concerned are welcome to join in this cause.

Global markets reel under unrest in Arab world, North Africa; oil prices at 28-month peak

Soaring oil prices could deal a major blow to India which is dependent of imports. The unrest in West Asia and North Africa would also impact domestic companies that have operations in the region, or have sizeable orders from these countries

The ongoing political unrest in several parts of the Arab world and some North African countries is rocking global markets. The turmoil in West Asia has had a strong impact on commodities, particularly oil, the price of which has shot up to a 28-month high of more than $92 a barrel on supply concerns. Gold is at a seven-week high and gold futures have surpassed the $1,400 level.

Wall Street's key volatility measure spiked on Tuesday, as investors worried about the deteriorating situation in Libya. The CBOE volatility index (VIX) rose 27.8% to 20.99 in late afternoon trading. The index is up more than 31% in five days and is now at its highest level since late November.

However, according to analysts, the fear level is still below 30-the benchmark of investor worries. Year-to-date the index is up only about 18%. Wall Street saw a sharp sell-off on Tuesday with the Dow losing 174 points, its worst day since August.

Analysts feel that there could be further oil price volatility, perhaps even a minor oil shock. Oil, which is trading at a level not seen since October 2008, may remain elevated, as companies in Libya have shut at least 100,000 barrels per day (bpd) of production. Libya is a member of the OPEC and Africa's fourth largest oil producer after Nigeria, Algeria and Angola, with a production capacity of 1.8 million bpd and estimated reserves of 42 billion barrels.

Religare Capital Markets Ltd said in a research note that its Middle East and North Africa (MENA) strategist, Emad Mostaque, believes the unrest is unlikely to spread and disrupt oil supplies, but that the geopolitical risk premium will remain for some time to come. Ultimately, the turmoil will accelerate economic liberalisation and infrastructure spending throughout the region which should be a positive driver for more sustainable growth, rising employment and income levels, the brokerage said.

However, for India, which relies mostly on imports, this could be a major blow. Petrol prices have been hiked several times since June, although diesel has been left untouched so far. This will also affect some Indian companies which have operations in the Middle East and Africa.

"Most severely affected could be Punj Lloyd whose 33% of more than Rs256 billion order book comes from Libya. The order execution was already moving slowly and these incidences are likely to stall it further," GEPL Capital said in a flash note.

Other companies, which have operations in the Middle East and that may be affected are Voltas, IVRCL Infrastructures & Projects, Everest Kanto Cylinder, Bharat Heavy Electricals (BHEL) and Larsen & Toubro (L&T). Voltas has sizeable operations in Egypt and Libya. IVRCL, Everest Kanto, BHEL and L&T have orders from the Middle East, but these orders are not significant compared to the entire order book of the companies, the brokerage said.

Punj Lloyd shares fell 5.3% to Rs63.90 on the Bombay Stock Exchange (BSE) while the benchmark Sensex closed 117 points down (0.64%) at 18,178.3 points. Similarly, Voltas fell 3.5% to Rs163.80, while Everest Kanto declined 1.7% to Rs73.40, BHEL lost 1.4% to Rs1,046.70 and IVRCL was down 1.2% to Rs69.90. L&T declined 0.4% to Rs1,602.30.

With risk appetite slipping, investors across the globe are not really attempting to take any chances. The flight to safety may be the order of the day, but the worsening political unrest in West Asia and North Africa will keep investors nervous for some time longer.


SEBI to appoint Super-D platform vendor by June

The market regulator plans to set up the platform for filing of information reports in XBRL (Extensible Business Reporting Language) by listed entities, registered intermediaries and other entities

Mumbai: Capital market regulator Securities and Exchange Board of India (SEBI) is likely to appoint a vendor for the implementation of its comprehensive reporting, filing and dissemination system, Super-D by June this year, reports PTI quoting a senior official.

"We have already received Expressions of Interest from a host of bidders. Now we are preparing Request for Proposals to be issued to the shortlisted bidders for the implementation of SEBI Unified Platform for Electronic Reporting-Dissemination (SUPER-D)," a senior SEBI official told PTI on condition of anonymity.

SEBI received a good response to the global bids, which it invited last year, the official said, adding, "In all likelihood, we will select the bidder by June."

The regulator plans to set up the platform for filing of information reports in XBRL (Extensible Business Reporting Language) by listed entities, registered intermediaries and other entities, not limited to regulatory filing requirements in terms of the listing agreement and various SEBI regulations/guidelines.

Currently, there are 4,996 listed companies, 20 stock exchanges, 1,730 registered foreign institutional investors, besides several thousands of intermediaries.


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