Right to Information (RTI) - Why, What and How


BACKGROUND OF RIGHT TO INFORMATION:


The right to information acquired force when the Universal Declaration of Human Rights was adopted in 1948 providing everyone with the right to receive, seek, information and ideas through any media and regardless of frontiers.


The International Covenant on Civil and Political rights 1966 states that everybody will reserve the right to freedom of seeking, the freedom of expression and grant information and thoughts, everything being equal.



According to Thomas Jefferson Information is the currency of democracy, and critical to the emergence and development of a vibrant civil society.


Hence, intending to set out a practical regime for the citizens to secure information as a matter of right, the Indian Parliament enacted the Right to Information Act, 2005.


The genesis of RTI law started in 1986, through the judgment of Supreme Court in Mr Kulwal v/s Jaipur Municipal Corporation case, in which it directed that freedom of speech and expression provided under Article 19 of the Constitution clearly implies Right to Information, as without information the freedom of speech and expression cannot be fully used by the citizens.



RIGHT TO INFORMATION ACT 2005:


The Right to Information (RTI) is an act of the Parliament of India which sets out the principles and techniques in regards to citizens’ right to information. It supplanted the previous Freedom of Information Act, 2002.


Under the provisions of the RTI Act, any resident of India may demand information from a "public power" (a group of Government or "instrumentality of State") which is needed to answer quickly or inside thirty days.


  • In the event of an issue including a petitioner’s life and freedom, the information must be given within 48 hours. The Act likewise requires each open power to automate their records for wide scattering and to proactively distribute certain classifications of data so the residents need the least plan of action to demand information officially.


  • The RTI Bill was passed by the Parliament of India on 15 June 2005 and came into power with impact from 12 October 2005. Consistently on a normal, more than 4800 RTI applications are recorded. In the initial ten years of the initiation of the demonstration more than 17,500,000 applications had been recorded!


  • Even though the Right to Information is excluded as a Fundamental Right in the Constitution of India, it secures the principal rights to Freedom of Expression and Speech under Article 19(1) (a) and the Right to Life and Personal Liberty under Article 21 ensured by the Constitution. The specialists under RTI Act 2005 are called public specialists.


The Public Information Officer (PIO) or the First Appellate Authority in the public specialists performs semi-legal capacity of settling on the application and appeal individually.


This act was authorized to unite the key right in the Indian constitution 'the right to speak freely of discourse'. Since RTI is implied morally justified to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it's anything but a suggested basic right.


The Right to Information (Amendment) Bill, 2019, seeks to amend Sections 13, 16, and 27 of the RTI Act. It sets the term of the main Chief Information Commissioner and Information Commissioners at five years (or until the age of 65, whichever is prior). At last in the Ashwanee K. Singh case on 20 September 2020, it is balanced out that the right to information is a fundamental right.


OBJECTIVES OF RTI ACT:


  1. To give a legitimate system of citizens majority rule Right to access to information heavily influenced by public authority.

  2. To promote straightforwardness and guarantee responsibility.

  3. To harmonise revenue and needs in activities of government, and utilization of assets.

  4. To promote the act of disclosure of information to save majority rule standards.

  5. To promote responsibility in the working of each open power, in this way decrease corruption.


HOW TO FILE AN RTI- ONLINE & OFFLINE?


Offline Procedure:

Offline filing

  1. Identify the office where you wish to record an RTI request and see whether it goes under the extent of the neighbourhood services, State or Central government.

  2. Write or type out the application either in Hindi or English or in the nearby language of the space. You can likewise demand the Public Information Officer to compose the application.

  3. Address the application to the concerned state or central Public Information Officer and notice on 'Looking for information under the RTI Act - 2005' in the title.

  4. Put the request as a point by point and explicit inquiry referencing the year or period the supplication falls in. whenever required, one can likewise look for a report or its excerpt which will be charged at a nominal expense of Rs. 2 for each page.

  5. To document the request, pay Rs. 10 in cash or through bank draft or cash request or court expense stamp. On the off chance that the evidence is created, individuals living under the poverty line are exempted from paying the expense.

  6. Mention your complete name, address, contact and email address and the name of the town and date.

  7. You can send the application via mail or hand it over at the workplace personally. You need to keep a copy of the request and get an affirmation from the workplace.

  8. As per the RTI Act order, the concerned office should react to the request within 30 days. Further to this, the individual creating an RTI application can likewise document an appeal to 'The Appellate Authority' which should likewise react within 30 days.