Lydia Yeptho
“Freedom of Information is a Fundamental Human Right and is the Touch Stone for all Freedoms to Which the United Nations is Consecrated ’’ UN General Assembly, 1946.
The Right to Information Act (RTI Act), 2005 became fully operational across India from 12 october,2005. Every Citizen can now seek and receive Information from Public Authorities; it is essentially your Right to know Information that is relevant to your life.
Participation in Governance is at the heart of any successful democracy. As citizens, we need to participate not only at the time of elections but on a day-to-day basis,when decisions on policies, laws and schemes are made and projects and activities are being implemented. The RTI Act envisages the Democratic principle of a people centric system. RTI Act promotes transparency / accountability through access to information in all Public Authorities.
All Information are generated with Public money by Public Servants paid out of Public funds to benefit the Public, Information is a Public good like Oxygen. Access to information and broad public participation in decision-making are fundamental to sustainable Development. The RTI Act recognizes that sharing of Information by the Govt. with citizens is healthy and beneficial to the functioning of Democracy. Under the Act, no citizen can now be denied information that an elected representative such as the MLAs and MPs get from the Govt.
To date, secrecy has characterized the functioning of all Govt. bodies in India, but with RTI, the tide has started to turn. RTI is emerging as the real power in the hands of the public through out the world. In India, doors of Govt. offices that remained closed to the masses for decades are now opening up with RTI as the Key. Some case studies are as follows:
1.Sundernagari, Delhi, With (RTI) awareness, the attitudes of both citizens and officials of MCD have changed, that now all MCD development works are done under people’s supervision and contractors are paid with people’s consent.
2. New Delhi,RTI makes School quota work. A resident of Delhi, having read about the high court order regarding reservation, for students from lower-income households in public schools, went to Greenfields Public School but was refused admission. So, an application was filed using RTI. In effect, the Education Dept was called to account and admission was given.
3. Mumbai: The Maharashtra Right to Information Act (MRTI) notched up yet another victory for a citizen faced with bureaucratic high-handedness. Public Information Officer (PIO) was made to refund every extra charged for information besides MRTI specification that applicants should only be charged 50 paise per photocopy.
4. DELHI; Slum dweller Sunita has done what would have been unthinkable not long ago. She used RTI Act to force the local shop to provide her the ration she was denied for five years. Her struggle for her rights paid off and she now gets the monthly ration.
5. RAJASTHAN: The need for this arose from people’s repeated complaints that they were not receiving proper medication. Moreover, they were being overcharged. Using RTI, all documents from the Medical Department - the number of patients, types of medicines, the Government’s Audit reports on the Department and so on were received. There were 70 types of medicines that below poverty line (BPL) households were supposed to receive free. Many patients entitled to free medication suffering from dog/snake bites and pregnant women who were supposed to receive free treatment were not receiving it. The Government was paying salary to the X-Ray machine operator whereas the machine was not functioning for the last two years. In the public hearing, officials from the Health Department were also present. They committed themselves to ensuring free medicines for BPL families. Doctor present promised to improve their services. Now, the residents say that the health system has indeed vastly improved.
Areas where the provision of the Act has been employed are positive. It is now up to the common citizen, NGO’s and media to ensure that this new Right is exercised positively so that, corruptions and malpractices in governance are checked and that accountability and transparency, which is the hallmark of good governance is upheld.
Now, if you think potholes, bone jarring speed breakers are little more than Nuisances you simple have to live with, you are wrong. Bad roads attribute to a host of injuries to a persons body. The question here is how and for whom are Roads made? The RTI Act is all about access to Information about activities that affect our lives. Thus, we can demand more Transparency from the conceptualization of road projects to commissioning and maintenance of roads. Using RTI we can have better roads and much more. The way out is to use the provision as often as possible and letting others know about its existence. The more it is used, the more effective it will become.
Moving ahead towards a better /open Governance with RTI as the key. The Govt. of Nagaland has enacted -The Nagaland State Information Commissioner (Appeal procedure) Rules, 2005 and The Nagaland State Right To Information(Regulation of fee and cost) Rules,2005. Nagaland State Information Commission has been set up with 1 Chief Information Commissioner and 2 Information Commissioners.
The First Application using RTI in Nagaland has a success story to it. The Application was filed through the initiative of Kohima Based NGO, namely, Civil Rights Information Center for Consumers Rights and RTI to the Deptt. of Information and Public Relation ,which promptly gave out the Information requested in 1weeks time even before the time limit of 30 days as stated in the Act. This is truly is a positive beginning.
We have the Right to information but creation of information is not enough unless, we make an effort to exercise it. We decide whether to let things be as they are or take matters in our hands to bring transparency /accountability in our Institutions. Can we not make an effort and let RTI be a common voice from many people from different sectors to bring a fruitful change in our society.
= G.LYDIA YEPTHO (Advocate)
Source: Common Wealth Human Rights Initiative ( CHRI)
Using Right To Information Act , 2005 (RTI)
The RTI Act specifically spells out the Govt. bodies from which you can and cannot get information. It even requires that bodies covered by the act nominate specific officers who will be responsible for receiving and processing your request .The RTI Act gives you the right to access to information held by public authorities. Public authorities include bodies, which are:
• Estb. or constituted by the Constitution;
• Estb. or constituted by a law of Parliament or a State legislature;
• Estb. or constituted by a notification or order of the State or Central Govt.
• Owned, controlled or substantially financed by the State or Central Govt., including NGOs which receive substantial Govt. funds.
Unfortunately, there are still some organizations, which are not
Completely covered by the RTI Act. The Act specifically lists 18 Central Security and Intelligence organizations that are not required to provide information and empowers States to exempt similar organization under their control. However, even where an exemption applies, a public body may release the information if the public interest in disclosure outweighs the interest protected by the exemption.
The Act makes it very Clear that there is no need for you to give
Reasons for why you want a particular piece of information. This reflects the fact that the information is YOUR right and you do not need to justify your request. However, where the information requested is vital to ensuring the life and liberty of a person, it is good practice to include in the application an explanation as to why you think the application relates to “life and liberty” so that information be given within 48 hours.
The RTI Act imposes an obligation on Public Authorities to routinely and proactively publish a wide range of Information of general relevancy to citizens including updates about structure, norms, functioning of Public agencies, documents they hold, their finances, relevant facts while formulating policies or announcing decisions etc. This is a key provision because it recognizes that some information’s are so useful/important to the community at large that it should be given out regularly without anyone specifically asking for it.
The RTI Act designates 2 different types of officials to handle request in public authorities:
• Public Information Officers (PIOs): PIOs must be designated in all administrative offices at the Central, State and Local administration levels. PIOs are responsible for receiving and processing applications. The names of the PIOs have to be prominently displayed on notice boards at all offices and on their websites.
• Assistant Public Information Officers (APIOs):The Act requires public authorities to designate APIOs at the Sub-District or Sub-Divisional levels to forward applications to the relevant PIO located at higher levels. So that people in outlying areas, far away from Govt. Head Quarters will have less difficulty in submitting and following up their applications. The APIOs has a duty to forward the application to the PIOs within 5days of the receipt. However, if the information is easily accessible, they should log your application and provide information to you as soon as possible.
In anticipation of non-compliance the RTI Act sets in place
Appeals and Complaints procedures: It provides requesters with cheap, simple options for taking up issue with regard to decisions or poor performance by public authorities and Govt. officials. Requesters can make appeals to a senior officer within the concern Deptt. (Referred to as the appellate authority) or they can complain to the Information Commissions that are set up at the Center and in all the States. Note that in any appeal proceedings, the burden of proof that the denial of a request was justified lies on the person who wants to keep the information secret. Secrecy is now what needs to be justified.
Information Commissions have the power to recommend Disciplinary action and impose monetary penalties on officials who are found to have:
• Refused to receive an application.
• Failed to provide information within the time limits specified in the Act.
• Malafidely denied a request for information
• Knowingly given incorrect, incomplete or misleading information, destroyed information which was the subject of a request; or
• Obstructed in any manner the furnishing of information.
If you are faced with a situation where you are not satisfied
with the decision of the State /Central Information Commission, it must be remembered that the RTI Act gives effect to a Fundamental Right and therefore, you do have the right to approach the State High Court or the Supreme Court. The Supreme Court of India has said that the Right to Information is a part and parcel of the Right to Freedom of Speech and Expression - unless one has the right to know one cannot express an opinion on any issue.
The RTI is a power tool, which gives you the chance to transform the way the Govt. and its Officials functions. By asking for information, you ask the Govt. to be transparent and accountable to you. Today this power is in your hands….Get involved and use your Right to information.
G. Lydia Yeptho (Advocate)
Source: Common Wealth Human Rights Initiative (CHRI)
For details contact: Youth Net.
Email;nagaquery@yahoo.com
