Dzüvinuo Theünuo
The Right to Information Bill was introduced in the Lok Sabha in December 2004. It was passed by both houses of Parliament with major amendments in May 2005. The assent of the President was received on June 15 and the Act was notified in the Gazette on June 21. The law will become operational by mid-October 2005.
The law covers all of India except Jammu and Kashmir. The jurisdiction of the Act covers offices of Public Authorities established, owned or substantially financed by the Central Government, the State Governments and the Administration of the Union Territories (includes Panchayats, Municipalities and other local bodies). The law is applicable to all non-governmental organization substantially financed directly or indirectly by these governments.
While some provisions will come into force with immediate effect such as duties of proactive disclosure, appointment of Public Information Officers and Assistant Public Information Officers and setting up Information Commissions at the Central and State level, most provisions will come into force from the 120th day of enactment.
Subject to the provision of the Act, all citizens shall have the right to information. Under Section 2 of the Act, ‘information’ means records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data materials held in any electronic form.
‘Right to Information’ means the right to information accessible under this Act and includes Right to inspect work, documents, records; Right to take notes, extracts or certified copies; Right to take samples; Right to obtain information in electronic form; Right to information whose disclosure is in the public interest. The information which cannot be denied to Parliament or state Legislature shall not be denied to any person.
The Act lays down the machinery for the grant of access to information. The Public Authorities are required to designate Public Information Officers and Assistant Public Information Officers within 100 days of the enactment and also to assist person seeking information.
A person seeking information can apply in writing or electronically in English or local official language of the area where the application is being made. The reason for seeking information need not be given and a reasonable fee is prescribed. No fee will be charged from persons who are below poverty line.
The Public Information Officers, on receipt of a request will expeditiously as possible provide the information within 30 days. In seeking information concerning life and liberty of a person, the same will be provided within 48 hours. No action on application within the period specified will be deemed to have refused the request.
The supervisory mechanism of this Act is the Central Information Commission and the State Information Commission constituted in all the states. The Act also provides a two tier Appellate Forum, first appeal to departmental officer senior to the Public Information Officer and the second appeal to be made to the Commission. A fine of Rs.250/- per day, subject to a maximum of Rs. 25,000/- will be imposed for delay or denial in providing information, knowingly giving incorrect, incomplete or misleading information etc. Departmental disciplinary action will be taken against the defaulting officer in addition.
Central Intelligence agencies, security agencies and similar agencies established by the state governments have been excluded from being covered within the ambit of the Act. However, with the approval of the Central and State Information Commission, the agencies will have the obligation to provide information in matters relating to corruption and human rights violations.
This law seeks to replace the erstwhile Freedom of Information Act, 2002. This legislation is the outcome of sustained advocacy by civil society organizations, people’s movements and activists and the efforts of the National Advisory Council that was set up to monitor the promises made by the UPA Government in its Common Minimum Programme. One of its promises was to make the Right to Information Act more progressive, participatory and meaningful.
Source: The Gazette of India and Commonwealth Human Right Initiative (CHRI), New Delhi.
(A DIPR feature: The writer is DPRO Kohima)
