Emerging issues in implementation of the RTI Act, 2005

1. Emerging issues in implementation of the RTI Act, 2005 by Name: Kush Kalra Profession: Advocate, High Court Name: SunainaMishra Profession: Asst. Professor of Law , DME Noida

2. History of RTI Act, 2005 • Article 19 of Universal Declaration of Human Rights, 1948 (UDHR) recognizes right to  receive information, "every one has right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any area and regardless of frontiers.“

3. Right to Information • Section 2(f) in The Right To Information Act, 2005 • (f) “information” means any material in any form, including records, documents, memos, e‑mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force • Section 2(i) in The Right To Information Act, 2005 • (j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to— • (i) inspection of work, documents, records; • (ii) taking notes, extracts, or certified copies of documents or records; • (iii) taking certified samples of material; • (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device

4. The RTI Act provides access to information held by or under the control of public authorities and not in regard to information held by any private person. • Where Section 3 of the RTI Act grants right to citizens to have access to information, there Section 4 places an obligation upon the public authorities to maintain records and provide the prescribed information. Once an application seeking information is made the same has to be dealt with as per Sections 6 and 7 of the RTI Act, 2005.

5. Disclosure of Information under Right to Information Act, 2005 • Section 8 of RTI Act, 2005 is liable to be disclosed if the application is made in regard to the occurrence or event which took place or occurred or happened twenty years prior to the date of the request vide Section 8(3) of the RTI Act.

6. Refusal of Information under Right to Information Act, 2005: • The Act contains two types of information ; first which is to be suomotu provided without even being asked for under Section 4 and the other information, which is to be given when asked for. Of course, there is a third classification, which exempts certain information from being disclosed and a corollary to the said exemption is such information, which though stands protected, but can be disclosed by the competent authority, if satisfied that it is in larger public interest to disclose such information.

7. Right to Information and the Right to Privacy • People's right to have access to an official information finds place in Resolution 59(1) of the UN General Assembly held in 1946. It states that freedom of information is a fundamental human right and the touchstone to all the freedoms to which the United Nations is consecrated.

8. Issues in the implementation of the RTI Act, 2005 • Low level of awareness: Section 26 of the Act states that the appropriate Government may develop and organize educational programmes to advance the understanding of the public, especially disadvantaged communities, regarding how to exercise the rights contemplated under the Act.

9. Non-availability of User Guides for RTI implementation for information seekers: Under Section 26 of the RTI Act, the appropriate Government is obligedto publish and distribute user guides (within eighteen months of enactment of the Act) for information seekers. However, it is found that the Nodal Departments have not yet published these guides in most of the states.

10. Standard forms for RTI application: While the Act does not necessitate havinga standard application form, some States have provided a standard form using Section 26(3) (c) of the RTI Act. The standard form helps in getting basic information such as address/ contact numbers, form in which information is requested etc. Then it is helpful for the Public Authority to identify the nature of frequent information requests so that it can be provided as a suo-moto disclosure as per Section 4(2) of the Act. Till now, only 2-3 States have prescribed a standard form.

11. Inconvenient payment channels for submission of application fees: In theabsence of clear guidelines and instructions, PAs have chosen a subset of the allowed payment channels, and majority of PIOs use cash and demand drafts, which causes inconvenience to citizens.

12. Conclusion • By enacting the Right to Information Act India has moved from an opaque and arbitrary system of government to the beginning of an era where there will be greater transparency and to a system where the citizen will be empowered and the true center of power.