The Right to Information (RTI) Act, 2005
The process by which the RTI was enforced
The Right to Information Act was passed by the UPA Government on 11 May 2005 in the Lok Sabha and on 12 May 2005 in the Rajya Sabha. After much deliberation, the project received the approval of the President of India on 15 June 2005. Only 120 days after it was passed, the Right to Information Act went into force on 12 October 2005.
Under the Right to Information Act, people have a right to seek information from public authorities, including government organisations. The law outlines the rules and procedures for requesting information. A citizen can request any government document and obtain certified copies of it.
Now, what does the Right to Information Act 2005 say about the meaning of the word “information”? According to it, information can come in many forms, such as memos and emails, documents, press releases, opinions, advice, circulars, orders, logbooks, reports, paper, samples, models and data stored in any electronic form.
Right to Information Act, 2005
According to RTI Act, 2005, Section 2(j) defines the term “right to information.” It means the right to information accessible under this Act. This deals with the information held by or under the control of any public authority. Such right includes:
1. Right of inspection
This refers to the right to look and scrutinise closely the documents, works and records. Here, no document or its copy is obtained in any form and the Information is simply seen and scrutinised.
2. Right of taking notes, extracts, etc.
Taking notes or extracts means recording specific information from the documents. Here, important information is noted down from the documents and even original extracts from the documents can also be copied. The right also permits the taking of certified copies of documents or records.
3. Right to take certified samples of material
A citizen has a right to obtain certified samples of material purchased or used by the government.
4. Right to obtain information in electronic mode
Where the information sought is stored in a computer or any other electronic device, the RTI Act permits the citizen to obtain information in electronic form, such as in the form of tapes, video cassettes, floppies, diskettes, etc., or in the form of printouts as well.
Features of Right to Information Act, 2005
Below are all the features of the Right to Information Act 2005:
1. People can examine government records and operations and request each detail from the government under the Right to Information Act.
2. You can get data from every govt, including the state and federal governments, the Panchayati Raj, and even from some other state or federally managed, controlled, and sponsored entity.
3. A minimum of one official has been appointed as a public information officer (PIO), who receives application forms and provides the details requested by the public.
4. Assistant public information officials are stationed throughout every district/divisional stage, receiving inquiries for information and then appealing the PIO judgments. Section 5(1) requires them to forward the petitions to the proper authorities.
5. Each individual seeking information should submit a request in Hindi or English, either electronically or handwritten.
6. If the application cannot be submitted in writing, the PIO will provide all necessary help in making the application verbally to reduce the request’s length in composing (Section 6(1)).
7. If the petitioner cannot hear, is blind, or is visually impaired, the public body shall provide assistance to ensure that all pertinent information is available (Section 7(4)).
8. The petitioner is not needed to provide any justifications for seeking the information or indeed any private details aside from their contact numbers.
9. If the public information officer fails to provide data promptly, the petitioner has the right to submit a grievance against PIO.
10. An ordinary man can never be refused facts that the legislative council or legislature cannot forbid.
11. If a public information officer fails to provide requested information under the Act, the public information officer may be fined Rs. 250 for each day and for each delay. According to Section 20(2), the Information Commissioner can also suggest disciplinary measures against the responsible public information officer.
Significance of Right to Information
1. Empowerment of Citizens: RTI Act empowers citizens to actively participate in the democratic process by providing them with the means to access information about government activities, policies, and decisions.
2. Transparency: Proactive disclosure of important information (Sec 4) by governmental agencies constitutes the essence of transparency in governance.
3. Accountability: Public authorities are required to justify their actions and decisions when requested by the public.
4. Expose Corruption: RTI Act was used to uncover the illegal allotment of apartments in the Adarsh Housing Society.
5. Effective Implementation of Policies and Welfare Schemes: In Rajasthan, RTI was used to expose discrepancies in MGNREGA records.
Conclusion
The primary objective of this Act is to empower the public to inquire about the functioning of government machinery, promote effectiveness and accountability in government activities, prevent fraud, and facilitate the operation of democracy for our residents. The Act prohibits the government from being misled, as it creates the impression that the government and its related branches are acting in the best interests of the general population. The objectives of the Right to Information Act 2005 are clear: all individuals should have access to information.
0 Comments