INTRODUCTION:
The
main objective of the RTI act 2005 is to harmonize the public interests, that
is, ensuring transparency to bring accountability and containing corruption on the
one hand, and at the same time ensure that the revelation of information, in
actual practice, does not harm or adversely affect other public interests which
include efficient functioning of the governments, optimum use of limited fiscal
resources and preservation of confidentiality of sensitive information.
The RTI ACT 2005 is a part of fundamental
rights under article 19(1) of the Constitution of India. It empowers citizens
to know their entitlement to avail a particular public service, and redress the
grievance, if any. It also includes right to be heard and consumer education,
I;e education about his rights. It is based on the rationale of participatory,
transparent and accountable governance. Under the RTI ACT 2005, public servants
can also be questioned on their conduct and, thus, made accountable. It is also
critical for giving the disadvantaged a voice in the formulation of local
decisions that affect their lives (Pathlavath, 2016). RTI will help in this
process.
This act will have jurisdiction over every
Public Authority in the country. In States, which have already passed or plan
to pass such laws, both the state and Central Acts will co-exist - giving citizens
a choice. The RTI has become strong tool in bring transparency in the
governmental bodies, but the effort must be made to strengthen the system by
resolving the problems not only faced by the applicants but also addressing the
problems faced by the various public authorities Central Public Information
Officer (CPIO)/ Assistant Public Information Officer (APIO).
To get the first-hand knowledge of how RTI works in
the various department & what all are the problems CPIO face, the
researcher took interest and visited Central Information commission, New Delhi
& Rajya Mahiti Aayog (Karnataka state information commission) under the RTI
cell of Department Of Legal Affairs and analyse the Problems faced by the CPIO
with respect to section/APIO and come up with the suitable suggestions and land
mark decisions passed by CIC. Dialogue process of
various stakeholders in the process makes more evident (Pathlavath,
2018).
OBJECTIVE OF THE STUDY:
The researcher aims to understand how lack of
awareness about RTI Act among citizens is causing mental harassment to the CPIO/APIO
and how lack of amendments in act is been used as weapon to give torture to the
government officials.
REVIEW
OF LITERATURE:
There
is long history of RTI Act 2005 in India. It required a considerable measure of
exertion and time to make RTI (Right to Information) a reality for national.
There were numerous existing rules contrary to the right to information.
Researcher will be providing various challenges and evolution of RTI in India. The
first half talks about the challenges and the next half talks about the
evolution of RTI Act 2005. In the long history of RTI Act 2005 in India, there
were different difficulties to overcome. Since British circumstances, there
have been numerous laws that denied execution of ideal to data.
Essential
laws that denied Right to Information in India is created underneath:
The
Official Secrets Act, 1923: This law was the most imperative test in the
historical backdrop of RTI Act 2005 in India because it precluded every open hireling
from revealing any data to people in general. (Madbhushi Sridharacharyulu)
Section 123 of the Indian evidence Act
1872: No one might be allowed to give any confirmation got from unpublished
authority records identifying with any issues of State, aside from mind the
consent of the officer at the leader of the division concerned, who should give
or withhold such authorization as he supposes fit. Vow by the Public Servant:
Before joining obligation, open hireling swears that the data is a state
mystery.
New delivery channel to commence and be
useful to masses, it is worthwhile to examine various components of its
interface with payment systems, technology, security, regulatory aspects and
functionality (Anil Kumar Pathlavath, 2013).
Rule
11 of The Central Civil Services (Conduct) Rules, 1964: No Employee of the
Secretariat might, aside from as per any broad or unique request of the
Secretariat or in the execution in accordance with some basic honesty of the
obligations appointed to him/her, convey, straightforwardly or in a roundabout
way, any official record or any part thereof or data to any Employee of the
Secretariat or some other individual to whom he/she isn't approved to impart
such archive or data.
Rule
9 of The All India Services (Conduct) Rules, 1968: No individual from the
Service should aside from as per any broad or uncommon request of the
Government or in the execution in compliance with common decency of obligations
relegated to him, convey straightforwardly or by implication any official
archive or part thereof or data to any Government worker or some other
individual to whom he isn't approved to impart such record or data.
Archives
Policy Resolution of 22 December 1972: States that all archives are grouped for
a long time and from there on just non-secret material is accessible to a
limited scope of individuals. Indeed, even unclassified material can't be
conveyed to anybody outside the legislature without consent. The previously
mentioned predominant laws are viewed as principle obstacles to appropriate to
data in the historical backdrop of RTI Act 2005 in India. what really matters,
argue many development experts, is what happens after people are connected to
technology. (Pathlavath, A, K, 2013)
Evolution
of RTI Act 2005:
Every
now and then, there have been numerous moves by government and in addition
private organizations to convey appropriate to data to the native. I have
recorded underneath different vital occasions in the advancement of the RTI
Act, 2005 that left a mark on the world of RTI Act 2005 in India.
1977:
Janata Government headed by Morarji Desai constituted a working gathering to
discover if the Official Secrets Act, 1923 could be altered to encourage more
noteworthy stream of data to the general population. The working gathering
suggested that the Act of 1923 ought to be held without change.
1986:
In the renowned instance of Mr. Kulwal v/s Jaipur Municipal Corporation the
Supreme Court gave obvious mandate that Freedom of Speech and Expression gave under
Article 19 of the Constitution specifies that Right to Information as without
information the freedom of speech and expression cannot be fully used by the
citizens.
1990:
Heading the National Front government, Prime Minister V.P Singh, first legislator
to lay accentuation on RTI, worried on the significance of Right to Information
as an administered right. He endeavoured to sanction enactment in 1989-90. Be
that as it may, because of the political flimsiness at the time, the thought
did not emerge and V P Singh was expelled from office in 1990, as his
administration lost the certainty vote in Lok Sabha.
1994:
MazdoorKisan Shakti Sanghatan (MKSS) began a grassroots battle for Right to
Information – requesting data concerning advancement works in provincial
Rajasthan. This development developed and the battle brought about the
administration of Rajasthan instituting a law on Right to Information in 2000.
1995:
Draft Act was defined in a gathering of social activists at the LBSNAA,
Mussoorie, 1995.
1996:
National Campaign for People's Right to Information (NCPRI), one among a few
common society gatherings, was established with the goal of getting enactment
on RTI passed. Because of the developing interest for ideal to data, the Press
Council of India under direction of its Chairman Justice P B Sawant drafted a
law which was later refreshed and changed at a workshop and renamed "The
Press Council– NIRD Freedom of Information Act, 1997.
1997:
Tamil Nadu turned into the main state in India to have passed a law on Right to
Information.
1997:
The Madhya Pradesh Government issued official requests to 36 divisions to
actualize Right to Information which later expanded to in excess of 50 offices.
1997:
Goa law making body established a law on Right to Information.
1998:
When the NDA came to control, Prime Minister A. B. Vajpayee guaranteed the
country that a Law on Right to Information should be ordered soon.
1999:
Government controlled Ministers.
1999:
Union Urban Affairs Minister passed a regulatory request on straightforwardness
in the Urban Affairs Ministry.
2000:
Freedom of Information Bill, 2000 was presented in Parliament, and was alluded
to a Select Committee of Parliament.
2001:
NCT Delhi get together passed a law on Right to Information.
2002:
Report of Select Committee in mid 2002.
2002:
In September, Maharashtra Government passed RTI Ordinance that overwrote the
Maharashtra RTI Act, 2000.
2002:
The Hon'ble Supreme Court of India, by its request dated second May, 2002 in
Civil Appeal No. 7178 of 2001 (Union of India versus Relationship for
Democratic changes and another) guided the Election Commission to call for data
on testimony by issuing vital request in exercise of its energy under Article
324 of the Constitution of India from every hopeful looking for race to
Parliament or a state lawmaking body as a fundamental piece of his selection
paper.
2003:
On 31st January MP Government passed MP RTI Act.
2003:
In August, Maharashtra Government changed over its Ordinance into new RTI Act.
2004:UPA
Government came to control in 2004. The National Advisory Council (NAC),
otherwise called the shadow government, was framed under Mrs. Sonia Gandhi. The
fundamental target of the Council was to screen usage of government conspires
and exhort government on strategy and law.
2004:
NCPRI defined revisions to Freedom of Information Act, 2002 and sent to the
NAC. NAC supported with minor changes and prescribed to the Government (Prime
Minister). There was hesitance among government officials and civil servants in
embracing these progressions. There was an endeavour made to re-tell the prior
Freedom of Information Act; This move confronted across the board dissents by
subjects and common society.
2004:
Finally, on 23rd December 2004, UPA Government tabled the RTI Bill 2004,
pertinent just to the Union Government. The common society was not content with
this. A large portion of the data required by the basic man was from state
governments. The bill did not fill the need of the regular man. A few individuals
from the NAC too were miserable with this. After overwhelming campaigning by
NCPRI and different associations the Right to Information Act, 2005 was passed
with 150 alterations. Bill is currently relevant to States moreover.
2005:
RTI Bill was passed in Lok Sabha on eleventh May 2005, and in Rajya Sabha on
twelfth May 2005. It got consent of President of India on fifteenth June 2005,
and was distributed in the Gazette of India on 21st June 2005. RTI Act, 2005
came into compel with impact from twelfth October 2005, and known as Right to
Information Act, 2005 (Act No. 22 of 2005). Above reviewed are some of most
influential events that led to the evolution of RTI Act 2005 in India.
METHODOLOGY:
Research
methodology is a systematic process that solves a problem and reaches to a precise
solution as the formulation of problem is more important than the formulation
of solution. Albert Einstein famously said that “If I had 20 days to solve a
problem, I would take 19 days to define it.” That’s how important formulation
of a problem is.
The
methodology adopted for this study is content analysis. A mixed method of both quantitative
and qualitative approach has been adopted and the one to one indepth interview of
Central Information Commisioner Madbhushi Sridharacharyulu, Registar Babulaji,
legal assistants: Prasad sir, Mohendra , Srikanth, Richha, RTI Activist Paras
Jain, Subhaschandra Agarwal, K.G. Thang CPIO, Lalitha.K Assiatant Public
Information officer (APIO) of Department of Legal affairs, ministry of Law and
Justice, Government of India, L. Krishnamurthy State Chief Information
Commissioner Government of Karnataka has been taken and has been analysed on
the basis of each section of the RTI Act 2005 through the CPIO’S perspective.
Two prominent blogs and two social networking sites have also been analysed.
The reason why the researcher has adopted a mixed method is that it has given
him the realistic perspective of how RTI Functions at various government levels.
The same has been done by also by analysing the content of RTI Blogs and the
online presence of RTI and the role played in increasing awareness about RTI
has also been carefully looked at.
The
researcher got an opportunity to go and study the working of Central
Information Commission under the guidance of central information commissioner Madbhushi
Sridharacharyulu. He has witnessed the hearings for four days and got the first
hand experience from the commissioner about the history and functioning of RTI.
He also got an opportunity to interview the legal assistants working at CIC,
where he was introduced to the real world of Right to Information. Later on,
legal assistants took him to the registrar and told him about the various
appeals that come to the commissioner’s office. The researcher has also studied
100 cases pertaining to ministry of law and justice and these cases were
considered to be landmark decisions passed by the commissioner.
The
cases ignited the curiosity in the researcher as to why the CPIO’S/APIO’S and the
First appellate authority failed to furnish the information on time and that
led to the second part of his research journey. Through the contacts of
commissioner, he got an opportunity to visit the Ministry of Law and Justice,
Shastri Bhavan, New Delhi and got an appointment to interview the CPIO/APIO,
the first Appellate Authority and also the government officials of various departments
in Shastri Bhavan. The visit to Shastri Bhavan helped him look at the other
side of the RTI Act and how it has been used as a weapon by appellants to mentally
harass the government officials, and this is an issue that the researcher has
analysed in detail. Efforts have been made to explain the problems faced by particular
sections of the act. The field visit to the CIC and Shastri Bhavan, New Delhi
and the interactions with the government officials helped him come up with the
loopholes in the act and the remedies to make the act free from loopholes and make
it more efficient.
To overcome all the limitations to express
their rights and issues. The dialogue between the stakeholder gives scope to
share the problems and community people advised to rise on specific issues that
concerned them (Anil kumar Pathlavath, 2018).
During
his stay in Delhi, he also met a few RTI activist like Paras Jain of a blog
called ‘Whistle for public interest’ that is dedicatedly working on how RTI can
be used to expose the scams and bring transparency. He also met Subash Chandra Agarwal,
an RTI activist who suggested the researcher to refer and analyse the content
on two blogs called RTIIndia blog and IndiaRTI blog to get a theoretical
knowledge about the functioning of RTI. Also, these activists have a great
presence on social media and are addressing the query of appellants and are
helping them use the act more efficiently without mental harassment to public authority.
Analysis
and Discussion of the data
Analysis
of two prominent RTI Blogs from Web journals: There are many websites that have discourses identified with RTI Act.
For this exploration, two online journals were taken for examination in light
of the quantity of clients. The two most conspicuous sites rtiindia and
Indiarti were picked as they had the greatest number of guests. A concept is
chosen for examination, and the analysis involves quantifying and tallying its
presence. The focus here is on looking at the occurrence of selected terms like
RTI Critic, RTI INDIA New Features, RTI Success Story, My view point on RTI
Act, RTI Application, RTI Replies, First Appeal, Second Appeal, RTI Issues,
Income Tax RTI Matter, Provident Fund, RTI Issue, Passport RTI Issue,
Cooperative Housing Society RTI Matter, Media and RTI, Central Information
Commission, State Information Commission etc.
RTIindia
blog –This blog has classes in giving
the data, and guests can read the data shared by the enrolled client. On the
off chance that the guests need to share the data on RTI, they can likewise
enlist and make account in this blog and offer data. The classifications in
which the guest can get to data on the blog are My Experiences, landmark
decisions of Central Information Commission, RTI Critic, RTI INDIA New Features,
This blog has a download called RTI toolbar, as other apparatus bar which give
simple access to joins, data. This toolbar additionally set on the highest
point of the website page give the client simple access on the blog and
destinations identified with RTI. There is a committed connection called ‘Media
and RTI’ which covers issues in light of media
Indiartiblog –This blog contains data on the examples of overcoming
adversity, where the examples of overcoming adversity clarify how the
candidates utilized RTI for getting data and how they uncovered different
tricks. They additionally give data, for example, NGOs in RTI, RTI help lines,
RTI Videos, Resources, Govt sites, PIO and AA list, Rules, Text of the Act, IC
sites, Find volunteers in your general vicinity, Appeal rules, FAQs,
Understanding RTI, RTI as an anticorruption instrument, RTI examples of
overcoming adversity. For any guest they can make utilize this blog for comprehension
the RTI and encourages them to clear up the inquiries they have. This blog
likewise has chronicle of examples of overcoming adversity from Dec 2005 to Feb
2012. Additionally this blog give the guest an office to buy in the post through
the membership of the blog by simply giving the email id of the guest the blog
proprietor is rtiindia, and the remarks are mostly given by two RTI activists
in particular Karira and Tarus.
Table
1:
|
Location
|
Delhi
|
Secunderabad
|
Chennai
|
|
Total Posts
|
113
|
33505
|
2131
|
|
Posts per day
|
0.07
|
17.37
|
1.24
|
|
Download of
messages per day
|
1
|
42
|
10
|
|
Upload of
messages per day
|
39
|
70
|
0
|
|
Refferals
|
158
|
90
|
4
|
|
Helped in
posting
|
6
|
80
|
5
|
(Details
of the frequent users of the rtiindia blog)
There
are many individuals who visit the blog, rtiindia is blog proprietor, though
Karira and Tarus are visit guests and they are social activists who remark or answer
to the questions posted by the blog guests.
Content
taken for examination from the blog:
The 30 recent discussion are taken for analysis from the blog
Category
of subjects in rtiindiablog. The blog
has ordered the posts into following points
• Media and RTI: RTI issues that are
talked about in media
• Provident store RTI issue: PF issues
are examined and there are questions raised by guests on the best way to
utilize RTI for dealing with PF issue
• RTI issue: The general RTI issues
like filling RTI and answer isn't acquired so the guest approaching how to go
for bid or the methodology to approach for court
• RTI application: guest raise inquiry
on the most proficient method to document RTI application
• Passport RTI issue: Passport issues
are talked about and there are questions raised by guests on the best way to
utilize RTI for dealing with international ID issue
• RTI faultfinder: Criticism on RTI
• RTI Act: The RTI Act itself is talked
about for bringing issues to light
• Uncategorized: the various points
talked about are clubbed into this uncategorized gathering
Table
2:
|
Media and RTI
|
2
|
6.7
|
|
Provident fund
RTI ISSUE
|
1
|
3.3
|
|
Karira's experience
|
4
|
13.4
|
|
RTI Issue
|
1
|
3.3
|
|
RTI application
|
1
|
3.3
|
|
Passport RTI Issue
|
2
|
6.7
|
|
RTI Critic
|
1
|
3.3
|
|
RTI Act
|
1
|
3.3
|
|
Uncategorised
|
17
|
56.7
|
(Category
of topics in rtiindiablog.)
The
class of the message posted is said in the blog.
• Uncategorized means present that are
connected on RTI, a few presents related on customer mindfulness and identified
with instruction. This has the higher level of 56.7 contrasted with different
classes
• Media and RTI and international ID
RTI issue shares just 6.7% each
• Experience from RTI, it can be either
positive or negative offers 13.4% of the posts
• Other classifications like provident
store RTI issue, RTI issue, RTI application, RTI pundit, RTI Act shares 3.3%
each
Category
of points in indiartiblog: The blog has
sorted the posts into following subjects Expose: This classification contains
present that are connected on presentation of tricks, or subsidizes remain
unutilized by open experts Landmark choice: Decision made by the State
Information Commission (SIC) or Central Information Commission on the interest
made to them Success stories: Success stories of guest on how they utilized RTI
for looking for data
Table
3::
|
Expose
|
14
|
46.7
|
|
Landmark
decisions
|
7
|
23.3
|
|
Success stories
|
9
|
30
|
(Category
of themes in indiartiblog)
The
class of the message posted is said in the blog
• Expose is the class wherein there are
numerous realities that are uncovered through RTI, it might be trick, or
subsidizes left unutilized et cetera. This classification takes the most
noteworthy level of 46.7%
• Landmark choice is the classification
on which the choices made by court or the data commission either the state or
the focal chooses and give their judgment on some issue which contacted them
for advance. This classification takes 23.3% of alternate classifications.
• Success story is the one which is
identified with the stories that got prevailing through recording RTI
application, this class takes 30%
Posts
in these two online journals identified with social change:
In
this exploration the social change in the blog content is ordered into
• Awareness of RTI: Awareness that may
help the guest to comprehend RTI and enable them in documenting RTI for looking
for data them to require. From this the guest may get a plan to look for data
through RTI and they can be a dependable native.
• Education identified with RTI: RTI
utilized for training reason. Getting a change the instructive segment will
affect the future age for a social change.
• Information identified with RTI:
Information on RTI cases that may help the guest to comprehend what is going on
in the State Information Commission or Central Information Commission. So the
guests may get the information on RTI and they can likewise develop thought on
recording RTI for looking for equity
• Exposure of Scams through RTI: When
tricks are conveyed to the familiarity with individuals, legislator or
government authorities may have a dread that this Act may likewise uncover them
in the event that they include in debasement. Likewise it will make individuals
mindful of the defilement and furthermore help them to battle against
degenerate practices and lawmakers.
Table
4:
|
No. of posts
|
%
|
No. of posts
|
%
|
|
Awareness of RTI
|
3
|
10
|
3
|
10
|
|
Education
related to RTI
|
5
|
16.7
|
3
|
10
|
|
Information on
RTI
|
7
|
23.3
|
11
|
36.7
|
|
Exposure of
scams through RTI
|
10
|
33.3
|
9
|
30
|
|
Discussions not
related to RTI
|
5
|
16.7
|
4
|
13.3
|
(Posts
on the online journals rtiindiablog and indiartiblog identified with Social
change)
Social
Networking Sites: The prevalence of
any issue or sharing of learning and data and making mindfulness is done
basically on long range interpersonal communication destinations (SNS) in the
present situation. Facebook and twitter are two prominent SNS in our nation.
Social change is made conceivable through these SNS, henceforth these
exploration investigations the talk and substance of these SNS identified with
social change.
Facebook: In the famous Social Networking webpage Face book,
there exists an open gathering called 'Appropriate To Information and an Anti idebasement
India' which is a Complete Online Community Portal for Right to Information in
India, giving legitimate understanding of RTI Act to help Citizens, Officers,
Activists, Media, Lawyers, NGO's, Social help Groups and Research researchers.
This page goes for Rightful understanding of Right to Information Act giving
help to Indian Netizens, Officers, NGO's, Lawyers, Social Workers, RTI
Activists, Media for distributing news, and Research Scholars. RTI India entrance
now has more than 3,971 confirmed clients. In this way consistently there is
some quantum of dialog being carried on by the clients. They share photographs,
news articles, reports on RTI
Twitter: This is additionally a prevalent long range
interpersonal communication site where there exists a page called RTI ACT &
Right to Information Act Portal India
Appropriate
to Know-The page bolster those conjuring Right to Information by method for
legitimate understanding and group bolster. India
|
Tweets
|
5
|
792
|
|
Following
|
652
|
74
|
|
Followers
|
294
|
3920
|
(Source:
One more page called RTI INDIA @rtiindia Official RTI INDIA Twitter Account.
Right to Know- The page support those invoking Right to Information by way of
rightful interpretation and community support. India http://www.rtiindia.org)
Social
change in Social Networking Sites (SNS) with exceptional reference to Facebook
and Twitter: According to the exploration the social change in the SNS content
is grouped into.
• Awareness of RTI: Awareness that may
help the guest to comprehend RTI and enable them in documenting RTI for looking
for data them to require. From this the guest may get a plan to look for data
through RTI and they can be a dependable national.
• Education identified with RTI: RTI
utilized for instruction reason. Acquiring a change the instructive area will
affect the future age for a social change.
• Information identified with RTI:
Information on RTI cases that may help the guest to comprehend what is going on
in the State Information Commission or Central Information Commission. This brings
social change when individuals are given the possibility of the interest
methodology at SIC or CIC and furthermore they can likewise develop thought on
documenting RTI for looking for equity
• Exposure of Scams through RTI: Social
Chang happens when the tricks are conveyed to the consciousness of individuals,
consequently legislator or government authorities may have a dread that this
Act may likewise bring them out on the off chance that they include in
debasement. There are different dialogs on RTI done on this site. The substance
of the whole week is taken for examination. There are 214 posts in the watched
week (Jun 8-14).
In
twitter there are 96 tweets found, for which the examination was finished
Table
5
|
No. of posts
|
%
|
No. of posts
|
%
|
|
Awareness of RTI
|
119
|
55.6
|
50
|
52.1
|
|
Education
related RTI
|
17
|
7.9
|
29
|
30.2
|
|
Information on RTI
|
55
|
25.7
|
12
|
12.5
|
|
Discussions on
scams
|
23
|
10.8
|
5
|
5.2
|
(Discussions
and posts on social change in Social Networking Sites)
At
the point when the talks of the SNS are examined,
• Awareness on RTI brought by Facebook
and twitter is of 55.6% and 52.1% individually
• In expediting social change through
dialog instruction identified with RTI was accomplished more by twitter taking
30.2% while Facebook has just 7.9%
• Information on RTI, such as sharing
data about the Act involves 25.1% by Facebook and twitter has 12.5%
• Discussions on tricks are examined vary
by Facebook when contrasted with Twitter. They take 10.8% and 5.2%
repectivelyRecent tweet exchanges are predominantly on the incorporation of RTI
Act in the school syllabus. A portion of the fascinating tweets posted as of
late are prameetdharamshi@PrameetD The Center is thinking about presentation of
lessons on different features of the Right to Information Act in the school
educational programs. VishweshwarRaste@VMRaste working of rti to data in #india
- #transparency in general society life/issues is a MUST @PMOIndia sec 4 of the
rti demonstration says Right To Information Act has revealed many scams. With
more national activism, thousands more will soon be uncovered.
CONCLUSION:
We
started this research paper identifying the problems and the mental harassment
faced by the government officials due to the lack of awareness about RTI Act
2005 among the masses. The researcher has also taken efforts and analysed two
prominent RTI blogs and their presence on social media, the contribution of RTI
on social media is evolving as the digital infrastructure in the country is
growing. Also, the digital activism by karira is creating mass online awareness
among the appellants and helping them how to use RTI Act effectively. After the
implementation of Right to Information Act 2005, subjects have discovered a
device to bring in transparency and responsibility at all levels of administration.
Specifically,
the Right to Information Act has a substantially higher effect on the personal satisfaction
of poor people and underestimated area of the general public. Notwithstanding,
the energy of the Act is still to be completely figured it out. The nationals,
government, media and common society associations need to complete a great deal
to achieve the expected target of the Act and to address different issues and
requirements in getting to the information under the Act. Right to Information
Act has satisfactory “teeth” to bring transparency and reduce corruption.
In
the meantime it acknowledged that the Act has not yet achieved the phase of
execution which was imagined. In any case, it is as yet a matter of pride that
we have given to ourselves, an instrument which can possibly introduce
transparency, and reduce corruption. While the attention to the significance of
transparency has in reality expanded, framework should be worked around it to
enable it to work better. In the meantime, the way to expanding responsibility
of open specialists lies in realizing attitudinal changes – which is something
that requires some investment. The Right to Information Act of India plainly
states in its exceptionally introduction, "democracy requires an educated
citizenry and transparency of information which are essential to its working
and furthermore to contain corruption and to hold governments and their
instrumentalities responsible to the represented." Without data being made
accessible to the general population, there can be no democracy. The attributes
of good governance incorporate centre estimations of rule of law, fairness,
equity, participation, transparency, responsiveness, consensus, economy,
productivity and viability or more all impeachable responsibility and administer
of rule of law.
As
individuals are sovereign and every one of the activities in government are
intended for individuals in a democracy, responsiveness to individuals is the
hallmark of democratic governance. Corruption in broad daylight organizations
has antagonistically influenced good governance. Individuals have shortcomings;
and it can be contended that no framework can be free of manmade vices; yet
numerous nations have indicated effective change from poor administration to great
administration. The Right to Information must develop forward and backward
linkages with other organisations to provide strength and creativity to it.
From
the above data and figures we can come to a conclusion that the Act should not
be allowed to be misused or abused, to become a tool to obstruct the national
development and integration, or to destroy the peace, tranquillity and harmony
among its citizens. Nor it should be converted into a tool of oppression or
intimidation of honest officials striving to do their duty. The efforts must be
made to bring necessary changes by amending the RTI Act 2005 and thereby
overcoming the loopholes that have surfaced with the misuse of the many
fundamental concepts.
Findings
from the discussions with the CPIO and other Government officials:
A
strong opinion need has been felt to provide some guidelines which will serve
the interest of both the parties. There are certain urgent amendments required
in the RTI ACT 2005:
a. Increase the fee or at
least set word limit or minimum limit for the questions to be asked in one RTI
application.
b. Provision to penalise
the applicant for abusing his Right to Information or clogging public office
for asking nonspecific information, such as, copy of all records, minutes of meetings,
repetitive questions etc.
c. Provision should be made which
describes the format of how to seek the information by the applicant, illegible
handwriting with typical format will not be entertained.
d. There must be
monitoring body which looks into the matter of the implementation of CIC’s
orders.
e. Powers of CIC must be
increased so that they can penalise the appellants for making vague, repetitive
questions which clogs and hampers the time of public authority.
REFERENCES:
1.
Acharyulu Sridhar, Decisions
and recommendations of Hon’ble Supreme Court, CIC, Information commissioner.
2.
Anil Kumar Pathlavath,
(2018). Video for Change: Adolescent Video Active Girls (VAG) Project. Res. J.
Humanities and Social Sciences. 2018; 9(1): 100-106. DOI No: 10.5958/2321-5828.2018.00018.9
3.
Anil Kumar. P (2013).
Effectiveness of television advertisement in the present business scenario.
CASIRJ,2013, International Research Journal of Commerce, Arts and Science ,
4(3), 55-68, www.CASIRJ.com
4.
Asian, The South.
"History of the Right to Information." Commonwealth Human Rights
Institute, CIC Websitehttp://cic.gov.in/
5.
Mander, H, and A Joshi.
"The Movement for Right to Information in India: People’s Power for the
Control of Corruption." In Conference on Pan Commonwealth Advocacy. Harare:
Commonwealth Human Rights Initiative, 1999
6.
Naib Sudhir “The RTI in
India” published by Oxford University Press 2013
7.
Pathlavath, A. K.
(2018). Video for Change: Adolescent Video Active Girls (VAG) Project. Research
Journal of Humanities and Social Sciences, 9(1), 100-106. DOI No:
10.5958/2321-5828.2018.00018.9
8.
Pathlavath, Anil Kumar.
(2017). "Participatory Video Practice: Amplifying Adolescent Girls’ Voice
Through Video." Organising Committee: 34. ISBN No. 978-93-5267-935-5
9.
Pathlavath, Anil Kumar. (2013).
“Development of Mobile Phone Technology in Kenya and India” International
Research Journal of Commerce, Arts and Science, 4(3), 55-68.
10.
Roberts, A. (2010)
"A Great and Revolutionary Law? The First Four Years of India's Right to
Information Act." 32: Suffolk University Law School,
11.
Roy, A, and N Dey.
"The Right to Information: Facilitating People's Participation and State
Accountability." 19. Rajasthan: Mazdoor Kisan Shakti Sangathan
12.
RTI Cases from (2006 to
2015) registrar Babulalji from information commissioner Professor Sridhar
Acharyulu.
13.
RTI INDIA
http://www.rtiact.com. @rtiactOne more page called @rtiindia Official RTI INDIA
Twitter Account.
14.
Thang K.G and Lalitha K.
CPIO Department of Legal Affairs, Ministry of Law and Justice Government of
India New Delhi.
15.
Web links:
16.
Annual
Reporthttp://cic.gov.in/reports/37,
17.
http://www.rtiindia.org/discussion/writes/
http://indiarti.blogspot.in/ http://www.rtiindia.org
18.
Islam & Roumeen,
(2003), "Do More Transparent Governments Govern Better?" World Bank
Policy Research Working Paper No. 3077. Available at SSRN:
http://ssrn.com/abstract=636439
19.
Jain Paras, RTI activist,
https://www.youthkiawaaz.com/ 2016/08/cbse-answer-scripts-through-rti/
20.
Sridhar Madabhushi- RTI
ACT 2005, https://rtionline.gov.in/,
