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Lakshman RTI Assignment

Right to Information
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0% found this document useful (0 votes)
18 views8 pages

Lakshman RTI Assignment

Right to Information
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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PRESENTED BY: LAKSHMAN RAJA BABU.

SARAGADAM
2021MPAG19
DEPARTMENT OF PUBLIC ADMINISTRATION AND GOVERNANCE
INTRODUCTION TO GOVERNANCE PPATC100002
9515249530
[email protected]

Submitted to
Dr. Kiran M Gajunur
97417 37344
[email protected]
Lakshman raja babu

The right to information which is seen widely in recent world as it doesn’t


include in human rights but it also give a special status as right to seek
information about anything in the society except the information of
secrecy of the institution or the state under secrecy act.
Any person has right to seek information and ask for the information
which makes the organization more transparent and accountable. So
that any organization will not take powers in their hand and do not try
for sovereign authority in the society. The right to information
importance has been more from the impotence is a more from the after
independence of every country the governance it helps to bring
accountable and more transparent in the society. It help people to know
the information which they want to seek and they ask for in the process
of the state where the state or organization is answerable to every
request made by the people as government or any institution is
responsible and accountable to the people in this society .
The right to information is existence from the access of government
information is steadily increasing from time to time in every country
both at domestic and international level. The right information in
domestic is increasingly from 1990s with the reforms made by many
countries at that time many countries adopted many reforms and
opened the market or services to the worldwide so it is more accountable
and should be transparent in this civilized world so that many
governments and people who fought for their rights and many
governments started introducing this right to information act. USA it
has started in 1967 where it seeks information by people by writing a
letter to the organization so the organization give information regarding
the information which the person seeks. There is limitation for the
information was he cannot ask information regarding the country
security and some secret aspects of the organization or state. FOIA also
became a model for other countries, such as Canada, Australia, and
New Zealand—all of which adopted similar laws in 1982. By 1990, 15
other nations—mainly wealthy advanced democracies in Europe or the
Common wealth—had similar statutes.

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The right to information is an act of the Parliament of India which


sets out the rules and procedures regarding citizens' right to
information. It has replaced the freedom of information act 2002.
The RTI applies to all of India’s state and local governments as
well. RTIA law can help purge inefficiency and corruption from
government, control bureaucratic power, and increase the political
influence of marginalized citizens. Right to Information Act is
under the Department of Personnel and Training, under Ministry
of Personnel, Public Grievances and Pensions. The government also
made many initiatives and advertisements to aware the act which is
bought in the society. India has adopted this act doggedly than any
other country. Many civil society organizations who use this act to
fight against corruption and mismanagement in the system but there
are many barriers of law because of poor planning and bureaucratic
indifference or hostility.
There are two groups who studied intensively on this law and made
many surveys around India. Indian citizen’s fi led about 2 million
requests for information under the RTIA in the first two and half
years of its implementation. Many RTI requests are made to state
and local governments filed with the aim of redressing grievances
about the failure to deliver public services or complete public work.
For example many RTI are requested with the aim of redressing
grievances about the failure to deliver public services or complete
public works. Many civil society organizations which are educating
and bringing awareness among the poor and they are trying to bring
the corruption which are happening in the society. Example RTIA
to reveal that government officials and businessmen had stolen 4
million kilograms of rice intended for distribution to the poor they
tried to restore the food for poor like many times these organization
help the poor to get their needs by RTI. This is the main barrier to
the act where many people were not aware of this law and they try
to fight in nonviolence way such as protest. According to one survey

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only 15% of people were aware of RTI and its been used in 2011-12
and at present survey the awareness and usage is of 68-70 % where
we can see the rural area people were also started using this act in
well systematic manner

There are many barriers for this act and many organizations and
surveys were made to know the real barriers of the act.
 Lack of awareness in the people which is the barrier for RTI as
we can’t know it is in successful way or not as lack of awareness
the act can’t be used in a way such the government organizations
try to run in sovereign way.
 For individuals- after knowing this act the individuals face
problem where a request should be filled. The law says there will
be officer called PIO public information officer who receive and
give information request made by people. But it is often difficult
to determine who or where the PIO is, especially at the district
and local levels of government. Other practical barriers is lack of
instructions or advice on how to file an RTIA request. In PwC’s
survey, most complaints or suggestions about the “non-friendly
attitude” of PIOs, with half saying that the PIO provided no
assistance in drafting and filing forms. The fee to be paid and
submitted in DD (demand draft) or postal orders. Weaker
sections of society are exempted to pay the fee.
 As the PwC study says, “Weaker sections in society are scared to
face the public authorities”. 40 percent of the weaker section of
people are having threats from officials intimidated, threatened or
even physically attacked when they go to submit an RTI
application. There is a case was demonstrated in January 2010 by
the murder of Satish Shetty, an activist who had used the RTIA
to expose corruption in the city of Pune. Anna Hazare, one of
India’s most prominent RTIA advocates, said that Shetty was
killed by sword-wielding assailants “simply because he used RTI
to unearth corruption.
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 Problems in Administrative Capacity- the right to information


requests which are made by people and which are received by the
PIO officers also face many problems in the organization In
some authorities, PIO responsibilities are given to low-level staff ,
whose lack of seniority makes it hard to collect and disclose
information. According to survey 1/3 of PIO officials don’t want
their assignments as they don’t possess any promotion or which
offers no rewards but sometimes they face personal fines as they
failed to provide information from request made by people.

The right to information act which is making many amendments


and changes from time to time let’s see how the RTI runs in 2
different sectors.
RTI – government sector
The right to Information Act in government sector which is divided
in to 2 bodies
1. Central information Commission see I see chief Information
Commissioner who is the head of all central department and
ministries well he will check will be the head and he will give all
the information and with their own public and with their own
public information officers. Chief information commissioners are
directly under president of India he appoints the chief
commissioner and other officials at the central level
2. State information Commission state public information officers
or POS which provide information regarding state government or
state organizations head over all the state department and
ministers the SPIO officer is directly under the corresponding
state governors. Governor who appoint the state public
information officer and they are headed by the governor itself
State and central information commissioners are independent
bodies and central information Commission are not having any
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jurisdiction over state information Commission they only give the


information and they are responsible and give transparency from
the department which the information requested by the people. But
during these days day RTI is under the government control where
the state government or central governments are having direct
control on this act and they are having hands or a control to manage
the rules and regulations.
People can request the RTI where the government is investing in
any organization or private organization or ngos they are come
under RTI. Even private companies have government stack and
NGOs having GOVT grants are under the RTI. But we still have
confusion in some places. Like in one state Private schools are
under RTI and in another they are not under RTI. This type of
system can be improved if we offer to the persons who are not
covered under the RTI to be covered by will. We should have the
option that if any NGO or Private company wishes to be covered
under the RTI voluntarily than these persons should be encouraged
and should be preferred in future government grants.
Exempted from RTI
 Information regarding the national security
 Information regarding the threat and arms and technology
used for protecting country
 Information relating Intellectual property and trade
 Cabinet records and information relating to indian privacy
 Information relating to privacy of person or information
which may harm individuals rights
 Detail that will violates the privileges of union and state
legislature
RTI exempted organizations
1. Intelligence Bureau
2. Research and Analysis Wing including its technical wing, Aviation Research Centre
3. Directorate of Revenue Intelligence
4. Central Economic Intelligence Bureau
5. Directorate of Enforcement
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6. Narcotics Control Bureau


7. Special Frontier Force
8. Border Security Force
9. Central Reserve Police Force
10. Indo-Tibetan Border Police
11. Central Industrial Security Force
12. National Security Guard
13. Assam Rifles
14. Sashastra Seema Bal
15. Directorate General of Income-tax (Investigation)
16. National Technical Research Organisation
17. Financial Intelligence Unit, India
18. Special Protection Group
19. Defence Research and Development Organisation
20. Border Roads Organisation
21. National Security Council Secretariat (secretariat of the National Security Council,
in the Cabinet Secretariat).

The researchers found that 125 countries have enacted right to


information laws (RTI) or similar provisions. UNESCO launched
the report titled, 'Powering Sustainable Development with Access to
Information.
https://en.wikipedia.org/wiki/Freedom_of_information_laws_by_country

The link which will help us to know which country adopter right to
information and in which name for example USA adopted in name
of Freedom of Information Act. Like different countries provide
right to information in different names.

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The RTI which brought a change for the new governance model
and helps in transparency and helps to decrease corruption and
nearly 60-65% of the RTI are being successful and providing
information and nowadays we can see the trend in the people where
they ask for accountability and keeping checks on government every
time so that it help people to get best governance and administration
in the society.
The right to information act where some time it is been misused by
the people to threaten the government officials to do illegal works or
permissions by the officials. These to be checks and need some
reforms in the laws and rules

A Great and Revolutionary Law the First Four Years of India’s Right to
Information Act. Nancy Roberts, Editor Alasdair Roberts Suffolk University
Law School.

The Information Act: A Preliminary Analysis. Kenneth Culp Davis, the


University of Chicago Law Review.

RIGHT TO INFORMATION - A STUDY. Orissa Review November – 2006

Freedom of information laws by countries- Wikipedia

This document contain 1966 words

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