The RTI Legislation was a
step in the right direction and was welcomed with great zeal and hope by the
country.
It was termed the beacon of
democratic transparency and also a key aspect of the vibrant exercise of
Article 19 by the common man. Only a properly and well informed citizenry can
take right and rational decisions for themselves and the country.
It did take long to come
about but it finally did in 2005 thanks to the struggle of the spirited social
activists.
Let's take a look at the Act
as well as how to file it alongwith some helpful tips and guidance.
RTI Act,2005:
http://righttoinformation.gov.in/rti-act.pdf
RTI Rules 2012:
http://www.cic.gov.in/node/2506
Hierarchy of the RTI System:
http://rtiact2005.com/right-to-information-act-2005-through-flow-chart/
Guidance on filing RTIs and Appeals:
1) To file RTI online (Only For Central Govt
Organisations): https://rtionline.gov.in/guidelines.php?request
2) To File RTI First Appeal online Only For Central Govt
Organisations): https://rtionline.gov.in/guidelines.php?appeal
3) For Second Appeals Online: CIC - http://www.cic.gov.in/
4) For RTIs,First Appeal Second Appeals Online & By
Post For State Bodies: Please visit the respective State Information Commission
Websites.
Formats for submitting RTIs, First Appeals and Second
Appeals via Post:
1) RTI Format in English:
http://nchm.nic.in/nchmct_adm/writereaddata/upload/rtiacts/Chapter-20%20Application%20Form.pdf
RTI Format in Hindi:
http://www.janshikayat.com/rti-application-sample-in-hindi/
2) First Appeal Format in English:
http://www.portal.gsi.gov.in/gsiDoc/pub/RTI_Specimen%20_First_Appeal_Annexure%209.I.pdf
First Appeal Format in
Hindi:http://www.brandbharat.com/english/bihar/RTI_7.html
3) Second Appeal Format in English:
http://righttoinformation.wiki/_media/rules/second_appeal_under_rti2005_1209742433.pdf
Further Reading:
1)For
RTI:https://www.saddahaq.com/rti-for-beginner-a-simple-format-and-tips-for-writing-good-rti-applications
2) For First Appeals: http://www.thelogicalbuyer.com/blog/file-first-appeal-rti-act-2005/
3) For Second Appeals:
http://rtiact2005.com/rti-second-appeal-format-in-english/
Further up the Hierarchial
Ladder of the RTI System, at the top most is the High Court & Supreme
Court.
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Now coming to the practical
implementation of this Legislation,unfortunately,we are still to come even
close to the promises that were made to us via this tool.
Let's review it.
The good side:
1) Many scams have been
unearthed thanks to RTI that has led to a change in governments too
2) Many issues of the common
man have been brought forward and answered when nothing else worked for them.
3) It has opened up an avenue
for citizen audit, participation in governance and administration and hold them
accountable and responsible for any kind deficiencies in their duties.
The other side:
1) Immense pendency of RTI
Appeals in SICs and CICs as well as PIO and CPIOs offices.
2) One almost always ends up
in a First or Second Appeal (it takes almost a year for the hearing to take
place in IC)
3) Bureaucratic resistance to
transparency and inefficient information collection and management system
within govt. agencies
4) Untrained PIOs and other
staff
5) Understaffed and lack of
infrastructure to carry out this tremendous responsibility
6) SICs do not have authority
to enforce and implement recommendations or penalties, it is up to the state
govts which rarely do that and hence the applicant has to approach the Courts
which leads to burden on the already overburdened Judiciary (HC & SC).
7) The State govt have the
financial and administrative authority to implement reforms and revolutionize
technology for the effective implementation of RTI but they have not yet shown
any interest.
8) Misuse of RTI by vested
interests
9) Sending back of RTI second
appeals to be filled again to remove minor deficiencies by SIC and CIC instead
of just providing platform to edit already filed second appeal.
10) Lack of knowledge and
information among the public about RTI and its uses,etc.
11) Delays in appointments of
CIC and other important officials at times
12) Public records Act not
yet implemented that would further facilitate RTI
13) Lack of a strong
Whistleblower Act
14) Sometimes when the PIO
and other officials refuse to give information or cite vague and indigestible
reasons for not declaring information then the citizen does not know where to
approach further due to lack of knowledge of rights and hierarchy.
15) Two sections often
misused by bureaucrats to avoid disclosing information are Section 6(3) and
Section 7(9)
16) Political
parties,judiciary and many other public bodies have been exempted from it
17) No Private organisation
comes under it which gives an open path to the corrupt to channelize their
fraudulent acts through these uncovered areas
Conclusion:
Even though the RTI Act is
monumental and extremely critical for the spirit of democratic transparency,it
is still facing immense hurdles to bring out it's true spirit but the fight is
still on and anything radical does take time. It is the responsibility of both
the government and the governed to make it a success.
So keep up the spirit and
make it better and make it work by changing the political will and bureaucratic
apathy via constant efforts like relevant RTI filings and Judicial proceedings
against erring officials, public movement for change in the Act and social
networking revolutions to build pressure for its reform that would force the
politicians to become responsible and duty bound towards their masters which is
the common man and enforce necessary amendments that is true to the spirit of
this Act for the good of the common man.