If you don't ask, you don't get; not even under RTI!

Hans India

2 days ago

The Union Government should understand that the Right to Information (RTI) is an integral part of Freedom of Expression. The Right to Information Act 2005 mandates a timely response to any citizen's requests for government information. It is an initiative that is aimed to provide quick access to information. This is in addition to access to all RTI-related information and disclosures published on the web by various public authorities under the Union and state governments.
The primary objective of the RTI is to empower citizens, promote transparency and accountability in government operations, combat corruption, and ensure democracy works for the people. An informed citizen is better equipped to keep a necessary vigil on the instruments of governance and make the government more accountable to the citizens of the country.
Important features of the RTI:
The Act applied to all government and public authorities at the central, state, and local levels.
People can request information from public authorities regarding the functioning of government departments, policies, programs, and other relevant matters. Public authorities must provide the requested information within 30 days of receiving an application, or 48 hours regarding cases pertaining to life and liberty.
The Act defines what constitutes a public authority and makes it mandatory for such organizations to appoint Public Information Officers (PIOs) responsible for handling RTI requests.
If a request is denied or not answered satisfactorily, the applicant can appeal to the higher authorities, including the Information Commissioner at the state and central levels.
The Act protects whistleblowers, who may face risks or threats for seeking information or exposing corruption.
However, there are some exemptions, such as national security, personal privacy, and commercial confidentiality, where information may not be disclosed.
The RTI has been instrumental in promoting transparency, accountability, and reducing corruption in India's government and public institutions. It has enabled citizens to actively participate in the democratic process by having access to information that helps them make informed decisions and hold public officials accountable for their actions.
With the Right to expression in place, why an RTI?
Although the Right to Information is not a fundamental right, it protects the fundamental right to Freedom of Expression and Speech under Article 19(1)(a) and the Right to Life and Personal Liberty under Article 21 guaranteed by the Constitution. Equality is a necessary Fundamental Right under Article 14. The authorities under the RTI Act 2005 are called public authorities. The Public Information Officer (PIO) or the First Appellate Authority performs the quasi-judicial function of deciding on the application and appeal, respectively.
The RTI was enacted to consolidate the fundamental right in the Indian Constitution, 'freedom of speech'. Since RTI is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied fundamental right. Liberty of thought, Freedom of expression, right to vote, and right to question depend upon the Right to information.
Mahatma Gandhi once mentioned: If you don't ask, you don't get. This captures the spirit of the Act. Information held or controlled by a public authority must be shared. The authorities need not 'own' the information. If the authority controls the information, it must be shared when a citizen makes a request.
Not a suggestion, it is a 'Right''
Section 3 states that all citizens shall have the right to information. It is not a suggestion or recommendation but a right.
Right to government information was enacted in Sweden in 1949, though the basic principle of access to official information had been recognized there in 1766. Finland adopted a similar law in 1951. The United States introduced the Freedom of Information Act in 1966. Several European countries enacted access-to-information legislation in the 1970s. Australia, Canada, and New Zealand enacted the law in the early 1980s.
Enter Bharatiya Sakshya Adhiniyam (BSA), 2023
Public documents 74. Public and private documents.
Certified copies of public documents, 75.
Proof of documents by production of a certified copy, 76.
Proof of other official documents, 77.
There are a few changes in the Evidence Act 1872, as regards BSA. That is why the NDA faced criticism for giving cosmetic colours to the British Law with Hindi names.
Scope of RTI: What does the right to information cover? It is explained in detail with the help of the diagram below. It involves inspecting, taking, and obtaining information.
What is information: Information includes correspondence, notes, Appendix to correspondence and Appendix to notes. File noting's are an integral part of information.
Section 4: At a high level, Section 4 requires every public authority to routinely disclose information about its functions, decision-making norms, documents held, employee contacts, and budgets. Section 4 is important, but it is more of a recommendation. It should be a right. The details are provided below. If this information is made available to people proactively, there is no need for RTI.
Why RTI?
The main objective of a democracy is good governance. Citizens must have the right to protect themselves from bad governance. The goodness of the government is reflected in the quality of governance. It is a constitutional right, not just an ordinary Act or legislation. It is the most empowering legislation for democracy.
Articles 14, 19, and 21 are very important for democracy, including the right to expression.
(The writer is Advisor, School of Law, Mahindra University, Hyderabad)