Rti Project
Rti Project
SUBMITTED BY:Neeraj kumar CHANAKYA NATIONAL LAW UNIVERSITY First semester NUMBER - 757
SUPERVISED BY:STATE INFIRMATION COMMISSION 4th floor suchana bhavan , bailey road patna
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CONTENTS
Page.No ACKNOWLEDGEMENT INTRODUCTION RTI IN INDIA INTERNATIONAL TREND OF RTI BACKGROUND RIGHT TO ACCESS PROCEDURAL GUARANTEES DUTY TO PUBLISH EXCEPTION APPEALS SANCTIONS AND PROTECTIONS SUMMARY OF KEY PROVISIONS PROBLEMS OF CITIZENS IN FILING RTI JAANKARI CALL CENTRE JAANKARI A SOLUTION BENEFITS OF JAANKARI 04 05-06 07 08-09 10 11 11 12 12 12-13 13 13-14 14 15 15 16
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WORKFLOW OF JAANKARI HOW JAANKARI CALL CENTRE WORKS? TECHNICAL FORM OF JAANKARI CALLS: A REVIEW ACHIEVEMENTS WORK EXPERIENCE COURT PROCEEDING OF STATE INFORMATION COMMISSION CONCLUSION SUGGESTION BIBLIOGRAPHY 17 18 18 18-19 19 20-23 23-26 27 28-29 30
ACKNOWLEDGEMENT
Its a fact that any research work prepared, compiled or formulated in isolation is inexplicable to an extent. This research work, although prepared by me, is a culmination of efforts of a lot of people. Firstly, I would like to thank chief information commissioner for giving such an opportunity to learn which assisted me in acquiring some knowledge related to RIGHT TO INFORMATION ACT Thereafter, I would like to JULI KUMARI who played a vital role in the compilation of this research work and suggest me in doing my research work. She also gave important information related to my project work. I cannot ignore the contributions made by PUBLIC INFORMATION COMMISSIONERS and other officers for gave information about procedure and other important information about it. Last, but not the least, I would like to thank the Almighty for obvious reasons. --NEERAJ KUMAR
Introduction
Citizen access to information is an essential step in ensuring transparency and accountability in government system and processes. When a government is transparent, there is less chance for corruption and more room for accountability, Thats why freedom of information acts are becoming standard good practice in the international arena. The RTI generally understood as the right to access information held by public authorities is not just a necessity of the citizens, it is a precondition to good governance. To be specific, access to information makes democracy more vibrant and meaningful and allows citizens to participate in governance process of the country. In particular, it empowers ordinary citizens, especially those in rural areas. When people have access to information they naturally tend to make more meaningful decisions, raise informed opinions, influence policies affecting their society and even help shape a more assured future for the next generation. Right to information has been recognized in Sweden for over 2oo years. Importantly, however, over the last 10 years it was gained widespread recognition in all regions of the world. While related legislations were adopted only by 13 countries in 1990, this number was now grown to 85 and more, and similar such pieces of legislations are under active consideration in many other countries The Right to information is the basic right of every citizen. The Right to Information Bill was passed by the Parliament on 13th May 2005. The Bill got the Presidential assent on 15th June 2005 to become the Right to Information Act, 2005. It is an Act to provide for freedom to every citizen to secure access to information under the control of public authorities, consistent with public interest,
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in order to promote openness, transparency and accountability in administration and in relation to matters connected there with. To bring about transparency and accountability and to implement the provisions of the Right to Information Act, 2005, INDO DANISH TOOL ROOM (IDTR) has made an attempt to provide certain information to citizens to empower them to exercise their right to Information. IDTR has designated Central Public Information Officer (CPIO) for dissemination of information. Appellate Officer has also been designated to provide facility to the public to appeal in case of non receipt of information sought for. In case Information is not available as provided hereunder the said information can be sought under the Right to Information Act, 2005 by applying in the prescribed format. The format along with prescribed fees may be deposited which shall be forwarded to the CPIO and a date for receiving the information would be given to the applicant. In case the Information cant be made available the cause for not making available such information would be given to the applicant in the prescribed period. If not satisfied to the reply, the applicant can seek redressal of his grievance from the Appellate Authority designated for the purpose.
RTI in India
Indias RTI Act is generally claimed as one of the world best law with an excellent implementation track record. It is one of the most empowering and most progressive legislations passed in the post Independent India. From the day the Act came into force, enlightened citizenry had stated using the law by making information requests in order get the police to act or get their entitlements of food grain under public distribution system or expose the corrupt officials. Most radical provision of the Act is that the information seeker need not to give any reason for it or prove his locus standi. Yet the task of implementing the law is not without major challenges. Lack of adequate public awareness, especially in rural areas, lack of proper system to store and disseminate information, lack of capacity of the public information officers (PIOs) to deal with the requests, bureaucratic mindset and attitude etc. are still considered as major obstacles in implementation of the law
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law requires public agencies to update and publish 12 different kinds of information(s) by themselves on a periodic basis. Likewise, in Bangladesh, request for information cannot be rejected on the ground of national security. Jordan is the only Arab country to have enacted a RTI law. In Africa, the progress on the enactment of RTI laws has been more modest. The South Africas Promotion of Access to Information Act, 2000 came into force in 2001remains unique in Africa being the only such law that permits access to records held by private as well as public authorities. Followed by South Africa, Zimbabwe adopted. The Access to Information and Privacy Protection Act, 2002, though it is very weak. In three other African nations: Angola (Access to Administrative Documents Act, 2002 which was further amended in2006); Uganda (Access to Information Act, 2005 which came into power in 2006); and in Ethiopia (Law on Mass Media and FOI, 2008 amended in 2010) FOI Acts were adopted which have been constrained by poor implementation. Kenyas efforts to enact an FOI law dates back several years but in recent times has been most apparent through the publishing of draft FOI Policy and FOI Bill 2007 by the Government of Kenya in April 2007. The published bill has very progressive provisions, but its enactment is still awaited. In Zambia, a FOI Bill 2002 was placed in the Parliament but withdrawn in 2002 itself, with the government justifying the withdrawal on the basis that it wanted to consult widely on the Bill. The new Bill has yet to be reintroduced in the Parliament. The Constitution of Ghana guarantees the people, freedom of information. In Ghana, the FOI Bill has been drafted but not yet passed by the Parliament
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BACKGROUND
Background Disclosure of information held by public authorities in India was governed by the Official Secrets Act (1923) enacted during the British rule. The Supreme Court of India had in several judgments prior to enactment of the RTI Act, interpreted Constitution to read RTI as the fundamental right as embodied in .right to freedom of speech and expression, and right to life. The raison the for a gradual and strong evolution of RTI in India is primarily because of a group of villagers in central Rajasthan, mostly poor wage workers, asserted their RTI by responding against ghost entries in muster rolls, which was the sign of rampant corruption in the system, and demanding official information recorded in government rolls related to drought relief work. The movement spread to various parts of Rajasthan, leading to a nationwide movement for the RTI and related state legislations. Thus, it was states that took the first step by enacting RTI laws Tamil Nadu (1997) Goa (1997), Rajasthan (2000) , Karnataka (2000), Delhi (2001), Maharashtra (2002), Madhya Pradesh (2003), Assam (2002) and Jammu and Kashmir (2004).The demand for national law started under the leadership of National Campaign on Peoples Right to Information (NCPRI). The FOI Bill 2000 was passed in the Parliament in 2002 but not notified, hence, never came into effect. The national campaign for RTI received a major boost when the UPA Government. Common Minimum Programme promised that the RTI Act will be made more progressive, participatory and meaningful. The National Advisory Council, which was set up to oversee implementation of the CMP since its inception, took a close interest in RTI. All this and many other factors, including pressure from the civil society groups led to the enactment of the RTI Act in India, which came into effect on October 12, 2005
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Right to Access
Any citizen, including overseas citizens of India and persons of Indian origin, can ask for information under this law. This right includes inspection of work, documents and records, taking notes, extracts or certified copies of documents or records, and taking certified samples of material held by the public authority or under its control.
Procedural Guarantees
A citizen, who desires to obtain any information under the Act, should submit an application to the PIO of the concerned public authority. The application should be precise and specific with name and complete postal address of the applicant. There is no prescribed format of application for seeking information. The application need to be submitted along with an application fee as prescribed in the Fee Rules. Table 1shows maximum time, which may be taken to dispose of the applications in different situation. If a public authority fails to comply with the specified time limit, the information to the concerned applicant would have to be provided free of charge.
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Duty to Publish
The Act, in particular, requires every public authority to publish 16 categories of information. This includes the particulars of its organisation, functions and duties; powers and duties of its officers and employees; procedure followed in the decision making process; norms set for discharge of its functions; rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; etc.
Exceptions
The Act enumerates the types of information that are exempted from disclosure. However, these exempted information or those exempted under the Official Secrets Act can be disclosed if public interest in disclosure overweighs the harm to the protected interest.5 also the exempted information(s) would cease to be exempted if 20 years have lapsed after occurrence of the incident to which the information relates.
Appeals
If an applicant is not supplied information within the prescribed time of 30 days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the PIO. If still not satisfied the applicant may prefer a second
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appeal with the Central Information Commission (CIC)/State Information Commission (SIC) within 90 days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.
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Provides penalties in case of failure to provide information on time, incorrect, incomplete or misleading or distorted information. Section 23: Lower courts are barred from entertaining suits or applications. However, the writ jurisdiction of the Supreme Court and high courts under Articles 32 and 225 of the Constitution remains unaffected.
The problems listed above showed us that to file a RTI application/ 1st Appeal/ 2nd Appeal is very difficult while using written mode.
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Jaankari: A Solution
There was a comprehensive discussion on the problems faced while using offline mode to file a RTI application. It was evident that the written mode of process, particularly for the poor and the illiterate from the rural background. To tackle and prevent these problems Government of Bihar implemented Jaankari call centre. The Chief Minister of Bihar Mr. Nitish Kumar inaugurated Jaankari call centre on 29th January 2007. Jaankari call centre has made the process of filing a RTI application very simple and easy over a telephone line. The citizens of 38 districts of Bihar can file RTI over the Premium No. 155311 that is accessible only with BSNL numbers and for the first five minutes Rs.10/- are deducted as the fee for the application under RTI. Filing an application is a tedious
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Benefits of jaankari
Jaanakri works as a solution to tackle and prevent the problems of RTI requests. The benefits of jaankari are as follows: Jaankari Call centre has made the citizens able to file RTI requests from the most remote area of the state without traveling to the concerned office. No physical movement is required by the applicant. They can file RTI request from their home. Jaankari call centre saves the time and money of Applicant. There is no need to purchase Postal order/Non judicial stamp or demand draft. The application fee gets deducted from the applicants phone. It is not essential for the applicants to know much about RTI. Jaankari call centre helps applicants to file a RTI request. Its not obligatory for applicant to know about the precise department for their RTI request. Jaankari call centre sends their RTI request to concerned department. With the help of online process the Applications get transferred to concerned Departments PIOs instantly. These benefits prove that Jaankari is playing a useful role of connecting the citizens to the PIOs conveniently.
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Workflow of Jaankari
Jaankari call centre is open from 8 AM to 8 PM during which call centre executives manage incoming calls through three phones lines: 155311 Application Line (PRI Line) :- This line is only used for Applications, First Appeal and Second Appeal under RTI. The charge for first 5 minutes on this line are Rs. 10/-. After 5 minutes general charges are applicable.
PIOs harassment Line (0612- 2219435):If an applicant receives a threat from PIOs While or after filing their RTI application, they can register their complaint on this line and it will be forwarded to the Home Secretary by email. Citizens from Bihar residing outside the state can also call on this number. General charges are applicable for this line.
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The RTI application of the requestor is instantly stored in a centralized database and it is accessible online in real time by PIOs through a unique login ID* . He is responsible for the answer of the query reaching the citizen within 35 days. A hard copy of application is also sent to the requestor as a form of receipt. In the case of no response received or if the applicant is dissatisfied with the response, the applicant can file an appeal through Jaankari, which is then forwarded to the appellate authority. In case of no response received or applicants dissatisfaction with the response of the first appeal, a second appeal can be filled in a similar manner. In case of no response the request is sent to the State Information Commission.
Calls: A Review:Ever since its introduction, Jaankari call centre has received 1, 11,687 calls. Out of this 27,075 were applications under RTI 15,495 calls for filing first appeals and
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10,114 calls for second appeals. All the districts of Bihar are utilizing Jaankari services. Since the introduction of Jaankari requests are mostly received from Patna district then from the Sitamarhi district followed by Bhojpur district in the third position respectively. If case of the departments, according to our records most number of RTI requests are filed by the citizens of Bihar in the HRD department then the department of Rural Development has received maximum number of requests followed by department of personnel & administration.
Achievements
Jaankari call centre has been awarded the National e -Governance gold award for year 2008-09 for outstanding performance in citizen centric service delivery. One of the biggest achievement of Jaankari is that it has received over l,00,000 calls. One of the best 7 social works in south Asia for the year of 2010-11 by oneworld.net. Developed states like Andhra Pradesh have studied the concept and working of Jaankari call centre and want to implement it in their state. Delegates from aboard (Bhutan, Nepal, and Bangladesh) have also visited our call centre and researched over Jaankari as they want to implement the concept in their country
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WORK EXPERIENCE
07/12/2012 Subdivision office danapur
We went to Subdivision office Danapur. Public information officer was not present that time. The name of public information officer is Avinash Kumar Singh. I meet an officer his name was Indrasen Manjhi. He Discussed all important thing which about right to information with us. They gave information about procedure of thing of RTI. He also talks about the form A, B etc. then he gave certain files for reading. We read that file and understood which types of cases comes their .we seen that most RTI filed by simple people of village. I want to Said that Right to information also field by very simple person of the village. It is the basic and fundamental right of the people. We saw also some cases in which questions of Appellant were not clear. What he want to ask? We are avail to understand that PIO also write in that type of cases. I am not able to understand your question, so please send clear question. That RTI cases which one filed without submission of 10 rupees necessary charge. PIO send Form B to appellant please submit 10 rupees necessary charge. Then he can provide you information about your question. We seen there one of the important cases in that case appellant asked 8-10 questions in one form A to Mukhiya of respective Panchayat.
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In that type of case, he told to us there is not compulsion to provide answer of all the questions. You can provide answer of any one question which can you give easily. They also said that some of that people always doing misuse of this act. The purpose of those peoples only disturb the work of public information officer.
We went to subdivision office Patna Sadar. There we meet to an officer. They gave information about RTI and procedure of filing Right to information and also talks about hows case solve by public information officer. He said maximum Cases of Right to information are only for disturbing the system of officer. Now it takes a role of business. Some of the people filed RTI against any particular department and then, there will be agreement between officer and appellant. He told to us without filling the first appeal, appellant cant go in second appeal in article 18th of right to information act Then we read some case file. People asked question from various and different department maximum question asked for the personal interest.
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Head of department shall be public information officer. And chief clerk became information commissioner and they called as deemed information commissioner Maximum information taken through RTI in Danapur block by a person his name is Rambhajan singh yadav. They always done do misuse of RTI power. His motto is only Disturb the work of POI. He said that 60% applicant filed only for disturbance of particular department or block there is no any purpose they dont want to get any specific information. Sometimes they files Right to information application for get very simple information, those information we can provide them without any process. Officer said that we said them, this information .I am giving you please you should back taken your application But they dont ready for it. They filed and a long process will be started.
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Some of people think right to information act is a medium of disturbing the work of public information officer. Some of the Right to information application is filed for a getting good and specific information but maximum application filed only for disturbing the system of Respective officer.
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Appellant want to get information about name of 285 nurses of Nalanda Medical College Hospital. Public information officer of N.M.C.H said that please submitt 1150 rupees for giving information. Appellant submitted but PIO gave partial information. In that date PIO was absent. Bench said that Public information officer should give information within 11/02/2013. In another case Appellant name was Shailendra kumar singh Respondent was the Public information officer of Magadh University. Appellant is employee in Magadh University. There was many cases like related to Ayurvedic collage, B.D.O of Danapur, C.O of Danapur block, Mukhiya etc.
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in his panchayat. Actually appellant was absent so bench said that appellant should present in next and date tell who Rita Devi they want to take information. (5)Public information officer(circle officer) said that which information appellant want to take through them that information is not present in their office, if some time will be given then I will that information. So commission is given him 1 month for restore that information and give to appellant and also sent to state information commission. (6)In last date commission said that appellant should go in circle office in check all information, but he not goes there and today is absent. Thats why commission think that appellant is not interested in that information, so matter is deposited.
(7)Appellant Rambhajan singh yadav filed RTI application for know about the population and voter of Danapur block according to population counting of 1991. Circle officer provided information to Rambhajan Yadav. Block developer officer also provided such as information to appellant. No any appeal filed by appellant against information. Block developer officer said that appellant called me and said I am satisfy with information whatever given by you. Thats why commission said that appellant should come here in next date and their satisfaction. There are many such type of cases.
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Conclusion
The right to information is one of the most important Right of citizens. It is the basic human right of every Citizen. Under this act peoples can take any information by any department through filing a right to information application. The main long term aim of the Right to Information Act is to curb corruption. The Act gives power to an individual citizen to inspect government work or take samples of government work material. It empowers a citizen to deal a severe blow to corrupt practices by unscrupulous officials. A person can inspect an old work(which has been completed) or an ongoing work. Inspection of an old work may expose past corruption practices and inspection of current work may prevent any ongoing corruption practices. Most of the corruption takes place in records. Intially it was very difficult for a citizen to get information regarding records but now due to the Right to Information Act this problem has been done away with. The only required action now to be taken is by the citizens, to get aware of their rights under the Act and implement the rights given to them. But, whatever we seen after then we can say that some of the people doing misuse of this act, and thats not good for government. Under right to information people can ask any types of question whatever written in right to information act 2005. Finally we can say that Right to information act is the very important instruments of peoples. Not only Bihar but also whole India, Right to information act going on a good and systematic way. This act is very helpful to common people.
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Suggestion
The right to information act is very important right of citizens, but there should be some amendment. The important suggestion for amendment of right to information act is following jaankari call centre should start all over India. When any matter goes in 1st appeal or 2nd appeal it given a very long time, so my suggestion is there should solve the matter shortly. CPIO or SPIO should be renamed and replaced by the word as "RTI Officer" (RTIO), in the entire Act. The RTIO should take a decision about supply or Refusal of Information, in terms of the Act. If he decides against disclosure of the Information, he should forward his note for refusal of Information, within 15 days form the date of receipt of application to Senior Most officer in his Office for approval. If such Officer gives his approval to denial of Information, in such case the Senior Most Officer, would be responsible for the penalty or any other consequential effects, for denial of Information, if applicant succeed to get Information in any subsequent proceedings. The present system of Appeal under Section 19(1) of the RTI Act should be dispensed with. Rules and Regulations of the Parliament should be covered by the overriding effect under Section 22 of the Act. Section 24 of the Act should be dispensed with as the matter pertaining necessary exemptions, which all are covered by Section
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8(1) of the Act. Section 24 Act just is putting the Covert on corrupt practices. Whatever we know about right to information act, and whatever we learned about it after then we can say that it all suggestion are important for the good governance of right to information act.
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BIBLIOGRAPHY
1. RIGHT TO INFORMATION ACT 2005 2. A SHORT NOTE ON RIGHT TO INFORMATION 3. INTERNET(www.wikipedia.com) 4.