RIGHT TO INFORMATION ACT,2005 Presentation by Anita Karwal DDG , SPIPA

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RIGHT TO INFORMATION ACT,2005Presentation by
Anita Karwal DDG , SPIPA
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Corruption Transparency International Report-
2003

• 133 Countries studied
• Top score-10 (very clean), Lowest score - 0
  (very corrupt)
• Indias score 2.8 (Same as Malawi) Rank 83
• Sri Lanka - 3.4 (66)
• Pakistan 2.5 (92)
• Bangladesh 1.3 (133)
• Botswana 5.7 (30)
• Australia 8.8 (3)
• Singapore 9.4 ( 5)

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Corruption Index / Ranking of Services

• Nature of Interface Composite Index Rank
• NEED BASED  
• RFI (Farmers) 22/1
• Income tax (Individual Assesses) 35/2
• Municipal Services 47/3
• Judiciary 59/4
• Land administration 59/5
• Police (Crime/Traffic) 77/6

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• BASIC 
• Schools (Up to 12th) 26/1
• Water supply 29/2
• PDS (Ration card/supplies) 37/3
• Electricity (Consumers) 39/4
• Govt. Hospitals 42/5
• RFI - Rural Financial Institution
• Note Higher score more corruption
• Source TII-CMS Study 2005

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State Composite IndexRank

• Kerala 240/1
• Himachal Pradesh 301/2
• Gujarat 417/3
• Andhra Pradesh 421/4
• Maharashtra 433/5
• Chattisgarh 445/6
• Punjab 459/7
• West Bengal 461/8
• Orissa475/9
• Uttar Pradesh 491/10
• Delhi 496/11

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• Tamil Nadu 509/12
• Haryana 516/13
• Jharkhand 520/14
• Assam 542/15
• Rajasthan 543/16
• Karnataka 576/17
• MP 584/18
• JK 655/19
• Bihar 695/20
• Note High Score more corrupt
• Source TII-CMS Study 2005

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That makes two of us..

• A member of parliament with an interest in
  ecology was convicted under the OSA for trying to
  get a Civil Servant to disclose the State plans
  for setting up a national park in the north east.
  Plans which had nothing to do with state
  security.
• So wide is the ambit of the OSA that the
  unauthorized disclosure of the number of cups of
  tea drunk daily by civil servants or even
  disclosure of the fact that civil servants drink
  tea each day - would amount to a criminal
  offence.
• - Justice GUBBAY , Ex. Chief Justice Zimbabwe

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The verdict..

• In a government. where all the agents of the
  public must be responsible for their conduct,
  there can be but few secrets.
• The people have a right to know every public
  act, everything that is done in a public way, by
  their public functionaries
• The responsibility of officials to explain or to
  justify their acts is the chief safeguard against
  oppression and corruption.
• - Justice K.K. Mathew, Supreme Court of India

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Belonging

• Information is generated with public money by
  public servants and paid out of public funds
• Information belongs to the public
• Officials create information for public benefit

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Then.. and Now
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Aim of the Act

• To set out the practical regime of right to
  information for citizens
• To secure access to information under control of
  Public Authorities
• To promote transparency and accountability
• To contain corruption

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RTI What it means

• Right to seek information
• Duty to give information
• To store, organize information
• To make it easily available/accessible
• To withhold information only when it is proven to
  be in the best public interest

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Basic Tenets

• Fait accompli
• Disclosure a rule and Secrecy an exception
• Transparency means public interest
• Public Interest overrides
• It is a part of Global Process.
• Governance will improve

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Power to the people- examples

• A daily wager can ask to see musters and payment
  registers
• A parent can challenge the basis on which medical
  college admissions are given
• A pensioner can check if personal records held by
  government are accurate
• A bidder can sue for compensation if it discovers
  corruption in awarding tenders
• A resident can question the quality of road in
  his locality and check specifications
• A peoples group can examine the viability of a
  development project

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Important Definitions

• INFORMATION
• any material in any form
• records, documents, e-mails, opinions, advices,
  circulars, orders, logbooks, papers, press
  releases, contracts, reports, etc
• information relating to a private body which can
  be accessed by a public authority

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What does Government Information include
(illustrative)

• Policy statements
• Minutes of discussions
• Decisions on paper
• Quasi Judicial Decision/Proceedings
• Budget Estimates
• Intra Government Memos
• Expert Advice
• Guide Lines
• Statistical Data
• Reports of Commission of Working Groups/Task
  Forces
• Survey Reports
• Studies
• Proof of Quality of Environment / Pollution , etc
• AND MUCH, MUCH MORE

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Definitions

• RECORD
• Document/manuscript/file
• Microfilm/ Duplicate/ Fax/ Microfiche
• Reproduced images
• Material produced by devices such as computers

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Records Include

• Agendas
• Minutes
• Documents
• Reports
• Diaries
• Forms
• Statistical data
• File Noting
• Memos
• Files
• Notes
• Financial Statements
• Balance Sheets

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And also includes.,

• Certificates
• Manuscripts
• Drawings
• Maps
• Series
• Photographs
• Emails
• Scale Models
• Audio Video Tapes
• Registrars
• Floppies
• Samples
• Micro Films
• Etc, etc, etc

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Definitions

• RIGHT TO INFORMATION includes the right to
• Inspect documents, records, etc
• Take notes, certified copies, extracts
• Take certified samples
• Obtaining information in CDs, floppies, tapes,
  video, etc

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Action to be taken immediately by public
authorities

• Suo Motu disclosure (within 120 days of
  enactment)
• Particulars of organization/ functions and
  duties
• Powers and duties of officers / employees
• Procedure followed for decision making
• Norms set for discharge of functions
• Categories of documents held by it
• Rules, regulations, manuals, etc held by it
• Arrangements for citizen consultations
• Details of boards, Councils, Committees, etc.

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Action to be taken immediately by public
authorities

• Directory of officers and employees
• Monthly remuneration received by officers and
  employees
• Budget, Plan and expenditure details
• Manner of execution of subsidy programs
• Particulars of recipients of Concessions,
  permits, etc
• Details of material in electronic form held by
  the office
• Facilities available to citizens
• Details of PIOs
• Such other information as prescribed

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Officers In-Charge

• Public Information Officer
• Assistant Public Information Officer
• Appellate Authority

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Exemption From Disclosure

• There is no obligation to give the following
  information
• Which prejudicially affects the sovereignty,
  integrity or interests of India, affecting
  relations with foreign states or leading to the
  incitement of a offence
• the disclosure of which has been forbidden by
  any Court, the disclosure of which may constitute
  contempt of Court
• Disclosure of which causes breach of privilege of
  State Legislature
• Commercial confidence, trade secrets or
  intellectual property
• Information available to a person in his
  fiduciary relationship
• Information received in confidence from a foreign
  govt

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Contd.

• Information which may endanger the life or
  physical safety of a person
• Information which would impede the progress of an
  investigation or apprehension/prosecution of
  offenders
• Cabinet papers including records of deliberations
  of the Council of Ministers, Secretaries and
  other officers
• Information of a personal nature with no bearing
  on public interest or which causes unwarranted
  invasion of privacy
• ( The proviso being that information which cannot
  be denied to the Parliament/ State Legislature
  shall not be denied to any person)

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Training

• Any change in policy, people or technology always
  requires training intervention
• Training can tackle part of performance problem
• TOT is a good strategy

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Training Cont.

• Who needs to be trained Citizens, Public
  authority, Information officers, Appellate
  authorities, NGOs Media
• Different modules are needed to address each
  target group
• Create a battery of trainers so as to conduct
  outreach programmes

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Information Officer requires.

• Knowledge of Act
• The limitations in the exemption clause
• Reorganizing the processes related to supply of
  information (Registers, Forms etc.)
• Interpreting exemptions
• Well reasoned order
• Empathy for citizens
• Attitudinal change to accept the paradigm shift

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Appellate authority requires.

• Knowledge of provisions of the Act
• Sections and rules dealing with the application,
  information, rejection, appeals
• The discretions given in the exemption clause in
  detail
• Action in good faith reorganizing the processes
  related to supply of information
• Skills and approach as a quasi Judicial Authority
  
• Drafting of reasoned orders

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Appellate authority cont

• Principles of natural justice
• Appreciating evidence
• Compassion for citizen
• Understand the changing role of public servant
• How to change his attitude to accept the paradigm
  shift

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Public Authority

• Computerisation of records
• Knowledge provisions of the Act
• The need for suo moto publications/ proactive
  disclosures
• The nature of applications and information needs
  of people
• The record management issues involved
• Changing the work culture in the department
• Timely reporting of disposal of RTI cases
• Listing of all organisations coming under
  definition of public authority

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Media NGO need to know.

• Knowledge of provisions of the Act
• Finer details about application and authorities
  to be contacted
• They are better equipped than the common man to
  access information and interpret it
• They can create awareness by explaining the
  intricacies.
• Over dependence on Source will be reduced
• Doordarshan Akashwani can play an important
  role in propagating RTI Act.

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Citizens

• Need to know and understand the value of the
  guarantee of the right to information
• Need to be active participants in the democratic
  process and governance

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FUTURE DIMENSIONS u/s 4

• Publish all relevant facts while formulating
  important policies or announcing the decisions
  which affect the public
• Hence all proposed changes in rules and procedure
  to be published at least 15 days in advance
  before implementation or enactment.
• Provide reasons for its administrative or quasi
  judicial decisions to affected persons
• On all applications reasons for rejection to be
  recorded so if asked for information can be given

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Innovations

• New Zealand Act Oral Information about the
  contents of the document can also be given
• South African Act Disabled applicants can get
  info in a form that they can read, view, hear
• Language of choice of applicant
• Canada Act Allows a HOD to provide a
  translation if it is in public interest

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Useful Links

• www.freedominfo.org
• www.foiadvocates.org freedom of information
  network
• www.transparemcy.org transparency international
• www.irmt.org International records management
  trust
• www.cfoi.org.uk campaign for freedom of
  information (UK)
• www.humjanenge.com
• www.cic.gov.in
• www.rti.gov.in
• www.gswan.gov.in/rti.htm
• www.spipa.gujarat.gov.in

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• Service with you in mind

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Thank You