Let's Talk About Right To Information
We all have heard about Right to Information (RTI) which is derived from our fundamental right, Right to Freedom of Speech and expression under article 19(a) of the constitution. If we don’t have information on how our government and public institution functions, we cannot express any informed opinion on it.
The RTI Act and its Rules define a format for requestioning information, a time period within which information must be provided, a method of giving the information, some charges for applying and some exemptions of information which will not be given.
Our state,Jammu and Kashmir has its own RTI Act that is The Jammu and Kashmir Right To Information Act, 2009. This Act is in operation in the State for last nine years. Prior to this Act, J&K had introduced the Concept of Transparency Law in 2004 by passing relevant law. The present Act is modelled on Central Right to Information Act, 2005 with important provisions which make it even more stronger than the central act.
The motive behind the enactment of J&K RTI Act was establishing the practical regime of Right to Information for residents of J&K to secure access to information under the control of public authorities, to promote transparency and accountability in the working of every public authority, and to hold government accountable to the governed.
Right to information means right to information accessible under the Act which is held by or under the control of public authority. Some information are exempted from disclosure for example, section 8 of the J&K RTI Act focuses on different types of information which cannot be sought under the RTI Act. In the same section one important issue has been mentioned which information seekers or RTI users hardly notice, that is RTI legislation has empowered residents to such an extent that information which can be accessed by Member of Parliament (MPs) or Member of State Legislature (MLAs or MLCs) can be accessed by residents as well. It is important that the information seeker should be resident of the State.
For accessing information, application fee under the J&K RTI Act, 2009 charged is Rs 10 by the J&K Government. The fee can be paid in the shape of IPO, DD etc which should be attached with the RTI application. If fee is paid in cash, proper GR must be obtained from the office. Information will be provided free of cost to people below poverty line.
The information under the RTI Act has to be provided as soon as application is received by PIO but he must not take more than 30 days to provide the said information.
The PIO doesn’t have the power to ask a person why he/she needs the information. You have a right to seek information without giving any explanation to any officer. PIO is bound to give information within 30 days from filing of application. But when information seeker doesn’t receive the information within a stipulated time or aggrieved by the decision of PIO than he can file first appeal within 30 days to the officer senior in rank to the PIO that is First Appellate Authority (FAA). FAA to dispose of first appeal within 30 days extendable up to 45 days from the date of receipt. Even if one doesn’t gets satisfied by the order of FAA then second appeal can be made in the J&K State Information Commission which has the power to levy penalty upto the tone of Rs 25,000 against the PIO and can initiate displinary action too.
Some aggrieved information seeker think that if information is denied under the RTI Act that is final. They are not aware of the fact that appeal can also be filed against the PIO before a senior officer and if they are aggrieved with first appeal, finally second appeal can be filed at J&K State Information Commission.
RTI is a significant tool to ensure transparency in most of the operation of the government. This Act makes administration more accountable to the people. It reduces the gap between administration and people. The RTI reduces the scope of corruption in public authorities. The Jammu and Kashmir RTI Act has given residents an opportunity to meaningfully engage with the government. If we look at some facts, in 2013-2014, as many as 29,846 RTI requests were received by various public authorities, an impressive 40-fold rise from 2009-2010 when only 741 RTI requests were received.
Suo Motu Disclosure:
Section 4(1)(b) of the J&K RTI Act lays down the information which should be disclosed by public authorities on a suo motu or proactive basis. The purpose of suo motu disclosure under section 4 is to place large amount of information in public domain on a proactive basis to make the functioning of the public authorities more transparent and also to reduce the need for filing individual RTI application. That is why on Ninth Anniversary of J&K RTI Act, 2009 there has been 9.32 per cent dip in RTI applications.
No doubt RTI is a significant tool to ensure transparency in most of the operations of the government. However, there are some disadvantages found in its use by the applicant for information for example, It doesn’t contain any provision for imposing penalty in case the applicant has attempted to misuse the Act.
There are some who are generally fighting for a cause and there are others who do this in an attempt to harass public authorities. Often, some applicants attempt to misuse the beneficial provision of the RTI for personal gain, rather than public gain.
This Act should not be used as a means to harass the authorities or to further one’s personal gain instead of public gain. As with the government, the residents of the State too need to be responsible and conduct themselves with dignity.
The system proving access to information gives society lead to an open and fair society. So let’s use this powerful right to strengthen the aim of democracy!
The RTI Act and its Rules define a format for requestioning information, a time period within which information must be provided, a method of giving the information, some charges for applying and some exemptions of information which will not be given.
Our state,Jammu and Kashmir has its own RTI Act that is The Jammu and Kashmir Right To Information Act, 2009. This Act is in operation in the State for last nine years. Prior to this Act, J&K had introduced the Concept of Transparency Law in 2004 by passing relevant law. The present Act is modelled on Central Right to Information Act, 2005 with important provisions which make it even more stronger than the central act.
The motive behind the enactment of J&K RTI Act was establishing the practical regime of Right to Information for residents of J&K to secure access to information under the control of public authorities, to promote transparency and accountability in the working of every public authority, and to hold government accountable to the governed.
Right to information means right to information accessible under the Act which is held by or under the control of public authority. Some information are exempted from disclosure for example, section 8 of the J&K RTI Act focuses on different types of information which cannot be sought under the RTI Act. In the same section one important issue has been mentioned which information seekers or RTI users hardly notice, that is RTI legislation has empowered residents to such an extent that information which can be accessed by Member of Parliament (MPs) or Member of State Legislature (MLAs or MLCs) can be accessed by residents as well. It is important that the information seeker should be resident of the State.
For accessing information, application fee under the J&K RTI Act, 2009 charged is Rs 10 by the J&K Government. The fee can be paid in the shape of IPO, DD etc which should be attached with the RTI application. If fee is paid in cash, proper GR must be obtained from the office. Information will be provided free of cost to people below poverty line.
The information under the RTI Act has to be provided as soon as application is received by PIO but he must not take more than 30 days to provide the said information.
The PIO doesn’t have the power to ask a person why he/she needs the information. You have a right to seek information without giving any explanation to any officer. PIO is bound to give information within 30 days from filing of application. But when information seeker doesn’t receive the information within a stipulated time or aggrieved by the decision of PIO than he can file first appeal within 30 days to the officer senior in rank to the PIO that is First Appellate Authority (FAA). FAA to dispose of first appeal within 30 days extendable up to 45 days from the date of receipt. Even if one doesn’t gets satisfied by the order of FAA then second appeal can be made in the J&K State Information Commission which has the power to levy penalty upto the tone of Rs 25,000 against the PIO and can initiate displinary action too.
Some aggrieved information seeker think that if information is denied under the RTI Act that is final. They are not aware of the fact that appeal can also be filed against the PIO before a senior officer and if they are aggrieved with first appeal, finally second appeal can be filed at J&K State Information Commission.
RTI is a significant tool to ensure transparency in most of the operation of the government. This Act makes administration more accountable to the people. It reduces the gap between administration and people. The RTI reduces the scope of corruption in public authorities. The Jammu and Kashmir RTI Act has given residents an opportunity to meaningfully engage with the government. If we look at some facts, in 2013-2014, as many as 29,846 RTI requests were received by various public authorities, an impressive 40-fold rise from 2009-2010 when only 741 RTI requests were received.
Suo Motu Disclosure:
Section 4(1)(b) of the J&K RTI Act lays down the information which should be disclosed by public authorities on a suo motu or proactive basis. The purpose of suo motu disclosure under section 4 is to place large amount of information in public domain on a proactive basis to make the functioning of the public authorities more transparent and also to reduce the need for filing individual RTI application. That is why on Ninth Anniversary of J&K RTI Act, 2009 there has been 9.32 per cent dip in RTI applications.
No doubt RTI is a significant tool to ensure transparency in most of the operations of the government. However, there are some disadvantages found in its use by the applicant for information for example, It doesn’t contain any provision for imposing penalty in case the applicant has attempted to misuse the Act.
There are some who are generally fighting for a cause and there are others who do this in an attempt to harass public authorities. Often, some applicants attempt to misuse the beneficial provision of the RTI for personal gain, rather than public gain.
This Act should not be used as a means to harass the authorities or to further one’s personal gain instead of public gain. As with the government, the residents of the State too need to be responsible and conduct themselves with dignity.
The system proving access to information gives society lead to an open and fair society. So let’s use this powerful right to strengthen the aim of democracy!
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