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Right to Information Act, 2005

Right to Information Act, 2005. What is it?. r2i. r2i. Narayan Varma. Words of Wisdom…. The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused.” -Mahatma Gandhi.

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Right to Information Act, 2005

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  1. Right to Information Act, 2005 What is it? r2i r2i Narayan Varma

  2. Words of Wisdom… The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused.” -Mahatma Gandhi Narayan Varma 1

  3. Preamble: to the RTI Act • “Whereas Democracy requires an informed citizenry • and transparency of information which are vital to its functioning • and also to contain corruption • and to hold Governments and their instrumentalities accountable to the governed.” 2 Narayan Varma

  4. Democracy In absence of Informed citizenrytransparency & accountability off the people Is buy the People far the People NarayanVarma 2A

  5. Dr. Manmohan Singh (P.M. of India) said… “I believe that the passage of this Bill will see the dawn of a new era in our processes of governance, an era of performance and efficiency, an era which will ensure that benefits of growth flow to all sections of our people, which will eliminate the scourge of corruption, which will bring the common man’s concern to the heart of all processes of governance, an era which will truly fulfill the hopes of the founding fathers of our Republic.” - In His Speech in Parliament on May 11, 2005 3 Narayan Varma

  6. United Nations General Assembly’s Resolution (in its first session in 1946) Freedom of Information is a fundamental human right And The touchstone of all freedom to which the UN is consecrated Narayan Varma 4

  7. History of RTI International • Freedom of Information laws have existed since 1766, when Sweden passed its Freedom of the Press Act, granting public access to government documents • The US passed the Freedom of Information Reform Act in 1966 • Today RTI is operating in more than 82 countries in the world. More than 20 countries are marching towards legislating comprehensive laws to facilitate access to information 5 Narayan Varma

  8. History of RTI in INDIA • In 1996, the draft Bill under the name of the Freedom of Information Bill was submitted to the Government of India. It became the Act in 2002,but never was notified • Meantime, many states made their own RTI Act: Tamil Nadu (1996) Rajasthan & Karnataka (2000) Delhi (2001) Assam & Maharashtra (2002) Madhya Pradesh (2003) Jammu Kashmir (2004) • On June 15th, 2005, President APJ Abdul Kalam gave his assent to the National Right to Information Bill 2005 • The Act became operative from 12th October, 2005 Narayan Varma 6

  9. The RTI Act is a tool helping to ensure rights already promised in the Constitution • Article -19- Right to freedom of speech and expression. • Article -21- Right to life and liberty. • “ One man’s freedom of Information is another man’s invasion privacy “. 7 Narayan Varma

  10. What does “Information” cover [section 2(f)] ? Memos Records Papers Opinions Press Releases Contracts Documents Advices Emails Circulars Log Books Reports Models Orders Samples Data Material in any electronic form Narayan Varma 8

  11. RTI Scope What is NOT open to disclosure [section 8,items 10] Includes • Any information which would prejudicially affect • The sovereignty and integrity of India, • The security, strategic, scientific or economic interests of the state, • Relation with foreign state or • Lead to incitement of an offence. • Personal information • Information held in fiduciary relationship • LARGER PUBLIC INTEREST overrides many items of exemption 9 Narayan Varma

  12. Form of Application: Annexure A • Full Name of the Applicant • Address • Particulars of the Information required: • i Subject matter of information • ii The Period to which information relates • iii Description of the information required • iv Whether information required by post or in • person? • V In case by Post: ordinary, registered or speed • post? • Whether the applicant is below poverty line: • Date: Signature of the applicant 10 Narayan Varma

  13. Application Procedure …. • Form A or even letter will do, • even oral request can be made • Make it focused, precise and brief • No reason to give for seeking the information (Section 6(2) 11 Narayan Varma

  14. Application Procedure • Application fee has to be reasonable, It varies : Rs. 10, Rs. 20, Rs 50 ……... • Pay by Postal order / Court fees stamp or as prescribed in the rules • One gets response normally within 30 days 12 Narayan Varma

  15. Other significant provisions of the RTI Act • Commissions : Central & states • Two appeals, order of CIC / SIC final • Complaints to CIC / SIC, Penalty on PIOs • suo motu disclosures : Provisions of Section 4 • Exclusions of certain organizations from the application of the RTI Act (Sec 24 & the second schedule) 13 Narayan Varma

  16. END & BEGINING I hope You are motivated to become an active user of RTI Law and benefit you and society and become catalyst for better governance of our country. MANY THANKS NARAYAN VARMA 14

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