Latest news with #RTIRules
Indian Express
02-07-2025
- Politics
- Indian Express
Delhi HC urges Centre to create framework to furnish RTI information in electronic modes
The Delhi High Court on Wednesday granted three months' time to the Centre to take a decision on putting a framework in place for furnishing information under RTI in electronic mode. Hearing a public interest litigation(PIL), the division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela noted that an adequate framework is required to ensure information as sought and in the mode sought, is given to the seeker under the RTI. Disposing the PIL filed by one Aditya Chauhan and another, the bench recorded, 'We are of the opinion that an adequate framework may be put in place to make the information seeker realise the true purport of the rights under RTI Act, 2005…We dispose of the petition with the directions to the appropriate department in the Union of India to consider these aspects and take appropriate measures by framing rules to ensure that information as sought is given to the seeker in the mode sought with adequate safety measures as per the RTI provisions…a decision shall be taken by the government of India within three months.' Chauhan, in his PIL, highlighted that even though the RTI Act allows for providing details in electronic form, the public information officers (PIO) and other authorities are not disclosing information through email or pen drives. It was also highlighted that the 2012 RTI Rules lacked the framework to ensure that information sought can be provided through electronic modes. The bench noted that a conjoint reading of various provisions of the RTI Act establishes that any information sought under the RTI Act has to be provided in all possible modes, including emails and pen drives, subject to the fact that it would not disproportionately divert the resources of the public authority and it does not prove detrimental to the safety or preservation of the record.
The Hindu
02-07-2025
- Politics
- The Hindu
Delhi High Court urges Centre to update RTI rules for digital formats
The Delhi High Court on Wednesday (July 2, 2025) directed the Central government to consider amending the existing Right to Information (RTI) Rules to facilitate the provision of information through modern electronic formats such as email, pen drives, or cloud-based platforms. A Bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela asked the competent authority to take an appropriate decision on the matter within a period of three months. The court was hearing a public interest litigation (PIL) filed by Mr. Aditya Chauhan, who highlighted that Rule 4(d) of the RTI Rules, 2012 continues to refer to obsolete mediums like diskettes and floppies - devices no longer in practical use due to the absence of compatible hardware - to provide RTI responses. The petition underscored the absurdity of relying on defunct storage formats when technology has since advanced to include pen drives, cloud storage, and secure digital transfers. Mr. Chauhan, in his plea, submitted that he had requested information under the RTI Act to be provided in PDF format via pen drive, but received inconsistent and arbitrary responses from various Public Information Officers (PIOs). He pointed out that several PIOs categorically refused to provide the information in floppy disk or diskette format, citing the unavailability of compatible devices. 'At the same time, when the petitioners suggested the use of a pen drive as a practical alternative, the responses were inconsistent and arbitrary,' the plea stated. According to Mr. Chauhan, 'Some PIOs outright denied the request on the ground that there is no legal provision permitting the use of pen drives; others rejected the request citing vague and unsupported concerns about data integrity or potential virus threats; while a few officials agreed conditionally but demanded excessive and unspecified charges, without any basis in the RTI Act or the RTI Rules.' He further argued that if PIOs impose fees based on personal discretion, it could result in unfair treatment and hardship for RTI applicants. Conversely, he said, not charging any fee could lead to a loss of legitimate revenue for the government. 'This gap in the legal framework highlights the urgent need for updated provisions that clearly define fee structures for providing information through contemporary electronic means, balancing the interests of both RTI applicants and the government,' Mr. Chauhan submitted.
India Gazette
02-07-2025
- Politics
- India Gazette
Delhi HC directs Centre to frame rules for mode-specific RTI information
New Delhi [India], July 2 (ANI): The Delhi High Court on Wednesday directed the relevant authority of the Union Government to take necessary steps and issue directions or frame rules to guarantee that information under the Right to Information Act, 2005, is provided in the format or mode requested by the applicant, while ensuring that appropriate safety measures are in place. Highlighting a gap in the current RTI Rules, a division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela stated that the need for providing information in the format sought by applicants--such as email or pen drives--while ensuring proper safeguards. The Court emphasised that existing rules do not account for present-day digital preferences, which can limit accessibility and defeat the spirit of the RTI Act, 2005. The judges instructed the appropriate authority to evaluate the issue and make a decision within three months. The directions came in response to a petition filed by two law students, who argued that RTI procedures continue to reference outdated formats, such as diskettes and floppies. They urged that information delivery should reflect current technology, including cloud platforms and secure email transfers. The plea also requested clear provisions for modern digital payment methods, such as UPI, net banking, and credit cards, to make the RTI process more user-friendly. Despite earlier representations made to the concerned ministries, no action had been taken, prompting the petitioners to approach the Court, stated the plea. The High Court concluded that framing updated rules is essential for ensuring the effective realisation of citizens' rights under the RTI Act in today's digital era. (ANI)
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Business Standard
02-07-2025
- Politics
- Business Standard
Delhi HC asks Centre to frame rules for mode-specific information under RTI
The Delhi High Court on Wednesday directed the relevant authority of the Union Government to take necessary steps and issue directions or frame rules to guarantee that information under the Right to Information Act, 2005, is provided in the format or mode requested by the applicant, while ensuring that appropriate safety measures are in place. Highlighting a gap in the current RTI Rules, a division bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela stated that the need for providing information in the format sought by applicants, such as email or pen drives, while ensuring proper safeguards. The Court emphasised that existing rules do not account for present-day digital preferences, which can limit accessibility and defeat the spirit of the RTI Act, 2005. The judges instructed the appropriate authority to evaluate the issue and make a decision within three months. The directions came in response to a petition filed by two law students, who argued that RTI procedures continue to reference outdated formats, such as diskettes and floppies. They urged that information delivery should reflect current technology, including cloud platforms and secure email transfers. The plea also requested clear provisions for modern digital payment methods, such as UPI, net banking, and credit cards, to make the RTI process more user-friendly. Despite earlier representations made to the concerned ministries, no action had been taken, prompting the petitioners to approach the Court, stated the plea. The High Court concluded that framing updated rules is essential for ensuring the effective realisation of citizens' rights under the RTI Act in today's digital era. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Hindustan Times
02-07-2025
- Politics
- Hindustan Times
Provide RTI info via email, pen drive: Delhi high court tells Centre
The Delhi high court on Wednesday directed the Union government to evolve a mechanism within three months to facilitate the provision of information to Right to Information (RTI) applicants through modern digital formats such as email and pen drives. The high court of Delhi. (File Photo) A bench comprising Chief Justice DK Upadhyay and Justice Tushar Rao Gedela observed that while the Right to Information Act, 2005, and the RTI Rules, 2012, provide a robust framework for ensuring access to information, they fall short of recognising or facilitating the use of contemporary electronic formats. The bench held that this gap undermines the very objective of the Act and called for an urgent overhaul to realise the true spirit and purpose of the RTI regime. 'Thus, a conjoint reading of Section 4(4), which relates to dissemination of material considering various factors, and Section 7(9), which provides for furnishing information in the form requested by the applicant unless it disproportionately diverts resources or endangers the safety or preservation of records, makes it clear that information sought under the RTI Act ought to be provided through all viable electronic modes, including email or pen drive,' the court noted in its order. However, the bench pointed out that the RTI Rules do not currently accommodate requests for information in these modes. 'When we peruse the RTI Rules, what we find is that the said rules do not address the situation where information is sought in a particular mode such as email or pen drive,' the court said. Emphasising the need for systemic reform, the bench added: 'Accordingly, we are of the opinion that an adequate framework may be put in place to make the information seeker realise the true purport of the RTI. We dispose of the writ petition with a direction to the appropriate authority of the Government of India to consider the necessary aspects and take appropriate measures by framing rules or through other means—to ensure that information is provided in the mode in which it is sought, subject to the safeguards in Sections 4(4) and 7(9) of the RTI Act. The consideration and decision shall be taken within a period of three months from today.' The direction came in response to a petition filed by Akash Chauhan, a law student, who sought the creation of a clear, legally backed framework that would enable RTI applicants to receive information through commonly used and secure modern-day digital platforms. Chauhan's plea argued that the current legal provisions continue to rely on outdated and obsolete formats such as diskettes and floppy disks -- technologies that are now defunct. The absence of statutory recognition for prevalent formats such as email, pen drives, compact discs, and cloud-based delivery systems, the petition contended, has frustrated the objective of ensuring timely and effective dissemination of information under the Act. The petition further highlighted that in the absence of a clear statutory mandate, many PIOs had outrightly refused to provide information in modern formats, citing a lack of enabling provisions, vague concerns over data integrity, or hypothetical risks of virus transmission via pen drives or similar devices. Chauhan also pointed out that the inadequacy of the current framework disproportionately impacts vulnerable populations such as persons with disabilities, elderly citizens, and individuals residing in remote or rural areas. 'For many such applicants, obtaining physical copies of information, often bulky and requiring travel to postal facilities or government offices, is burdensome, costly, and sometimes practically impossible,' the petition stated.
