A Synopsis on the lecture meeting on Right to Information Act

- Compiled by Rajesh Muni, Mayur Nayak, Meera Suratwala

BCAS Foundation organized a public meeting on 18^th November, 2005 at Walchand Hirachand Hall, IMC building, Mumbai, to encourage effective use of the Right to Information Act (RTI Act) which came in to force with effect from 12^th October,2005. The meeting was held jointly with the Young Entrepreneurs Wing of the Indian Merchants’ Chamber. (YEW).

Mr. Jeenendra Bhandari, the chairman of YEW welcomed the gathering and introduced distinguished speakers of the evening Dr. Suresh Joshi - Chief Information Commissioner of Maharashtra, Mr. Kirit Somaiya - eminent politician, Mr. Mohan Jayakar - a leading Advocate and Solicitor, Supreme Court, and Mr. Shailesh Gandhi - a social activist.

A hand book published by BCAS Foundation was released on the occasion by the hands of Dr. Suresh Joshi. The trustee of the BCAS Foundation Mr. Narayan Varma, introduced the activities of BCAS Foundation and highlighted a much deserved privilege offered by the RTI Act to the citizens and said that Indians are empowered with this effective instrument. He correlated the date of commencement of the RTI Act on the auspicious day of Vijaya Dashmi and narrated the event as a victory of Democracy and another cause of celebration of Vijaya Dashmi for India. He acknowledged very valuable contribution provided of the text of the hand book by Mr. Shailesh Gandhi and Mr. A K Ashar. Mr. Varma also thanked the five donors viz. The Chamber of Income Tax Consultants, Giants International Charitable Trust through Mr. Nana Chudasama, Mr. I M Kadri, M/s. United Shippers Limited through Mr. Sevantilal Parekh and the Bombay Chartered Accountants’ Society for sponsoring printing of 5000 copies from their donation of Rs. 10,000/- each. Mr. Narayan Varma was pleased to inform that Bombay Chartered Accountants’ Society will conduct a clinic on RTI Act at their office from January 2006 for the benefit of the citizens where activist like Mr. Shailesh Gandhi will provide his expert advice.

Dr. Suresh Joshi in his inaugural address appreciated the efforts of the BCAS Foundation in bringing out the publication in simple language for the use of common man. He also encouraged the joint efforts of holding such meeting by the Young Entrepreneurs Wing of the Indian Merchants’ Chamber and BCAS Foundation to bring awareness for the introduction of RTI Act and stated that to be the primary cause for his spontaneous acceptance of the invitation to address the meeting. He said that awareness of the right to information is required to be created amongst the public at large. People need to be educated and informed about the existence of the RTI Act. Gramsabha can be arranged to discuss this Act in the rural areas. He announced his availability to the citizens at all reasonable time and welcomed any questions by public at large.

Dr. Joshi said that the citizens of India have now derived an expressed right to information as part of their Fundamental Right. It took more than 55 years to codify this right. By virtue of this central legislation, the right to information is given to common citizens which right was otherwise available only to MLAs and MPs to ask questions from the floor of the assembly or the parliament.

Dr. Joshi justified the enactment of the RTI Act and brought out that the common man is more empowered than MPs and MLAs which shows the concern of the Government about the common man’s right. He observed that it may be for that humanitarian reason, that almost all the political parties in the parliament supported RTI Act. A common man will now be able to see his own records or files in any of the departments by his own right and will also be able to have the information on the noting made in the files. He encouraged the use of the RTI Act and recommended the applicants to be persistent. He advised people to be brief and use simple language in the application to achieve better communication.

He informed that arrangements have been made to train all the Public Information Officers (PIOs) in Maharashtra. The number of PIOs in Maharashtra alone is more than one thousand. He explained that the central Act since introduced gives 30 days’ time to the officers to provide the information as against 15 days under Maharashtra’s Repealed Act. The PIOs are advised to provide the information forthwith without waiting for the dead line date. He opined that 80 to 85% of the applications must be dealt at the original level in place of being dealt by the appellate authority.

Mr. Mohan Jayakar then explained the salient features of the RTI Act. The enactment in his view would assist Public Interest Litigations to be filed backed by complete information, which may otherwise not have been possible.

Mr. Jayakar explained that any Indian citizen could apply to any public authority to ask for the information or seek inspection of the file pertaining to any matter dealt with by the respective department. The application must be in writing. It could be in English, Hindi or the official language of the area and must be accompanied with the prescribed fee of Rs. 10/-. The application does not require any reasons or any personal details of the applicant to be stated other than his contact address or number where the reply is expected.

Only the citizens as defined under the constitution can apply for obtaining information. Under the constitution of India, citizen means a person and not artificial judicial body or a legal entity and therefore a firm, AOP or company cannot apply for such information since they cannot be considered a natural person.

As provided in RTI Act, the Information officer is required to provide the information sought for or reject the application providing reasons within 30 days of the application made on payment of prescribed fees. In a recent case before the Bombay High Court, where the public information officer had asked for exorbitant fees for the information to be provided, the Hon High Court waived the fees payable. It is discretionary for the officer to collect fees. In case where the applicant is denied the information or the fees charged are exorbitant, the applicant can file an appeal and represent before the appellate authority asking for pending information or relief in fees charged. In case where the information is not made available to the applicant within the prescribed time, the same shall be provided free of cost to the applicant.

Mr. Jayakar also drew attention of the audience to the information that is prohibited and cannot be provided under sections 8 & 9 of the RTI Act. The same are divided into five compartments.

1. Information which is against the interest of the state, government or foreign government which would lead to incitement of an offence.

2. Information that is forbidden by any court of law.

3. Information that would effect the competitive position of a third party

4. Information which would impede the process of investigation or prosecution of offenders.

5. Information that would involve an infringement of a copyright subsisting in a person.

In case where the information asked by the applicant pertains to a third party and giving away of such information would lead to loss of economic benefits, trade secrets or data secrecy, the PIO is required to provide an opportunity of being heard to the third party informing him of such an application received and asking him to show cause as to why such an information may not be given. It is only after considering the representation from the third party, information related to his matters are permitted to be given to the applicant.

RTI Act does not apply to certain central intelligence and security agencies specified in section 24 of the Act. They are IB, RAW, Director of Revenue Intelligence, Central Economic Intelligence Bureau, Director of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assian Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nikobar- crime Branch, CID- CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. However, these organizations have an obligation to provide information pertaining to human rights violations. The information relating to allegations of human rights violations could be given by these agencies only with the approval of the central or state Information Commissioner as the case may be.

Mr. Mohan Jayakar said that certain checks and balances were necessary while dealing with an application by the PIO. The identity of the person making an application is expected to be kept secret and restricted to the PIO so that the applicant does not become a target of mafia or parties who could be affected by the disclosure.

Mr. Jayakar felt that the penalties prescribed are not deterrent. The penalty for providing misleading information or destroying information (which is effectively destroying evidence and/or files) is prescribed to the maximum extent of Rs. 25,000/-.

The provisions of RTI Act also have an overriding effect over any other law in force. However, there is a direct conflict with the provisions of the Code of Civil Procedure 1908 in as much as information on which a privilege is claimed both under the Indian Evidence and CPC would be forced to be disclosed due to the applicability of RTI Act.

After the analysis of Mr. Jayakar on the subject Mr. Kirit Somaiya expressed his perspective on the RTI Act. He said RTI Act is a good beginning towards strengthening the democratic set up in the 21^st Century. He said the information availed must be used for the betterment of the society. Citizens must use this Act to create a sense of accountability in the political system and in the bureaucratic system. According to Mr. Somaiya, the common man, by asking information on various issues can create an environment of accountability in the minds of bureaucrats.

He appealed the citizens to be active in making use of the information more in the interest of the society and for a public cause rather than personal causes. He appealed them to address macro issues and not their individual issues. Mr. Somaiya welcomed the enactment of the RTI Act and considered it in the interest of strengthening of democratic society.

Mr. Shailesh Gandhi then shared his experiences in use of RTI Act for the benefit of the society He provided very interesting and useful examples through which sensitive issues were set right by seeking information under RTI Act. He said that a persistent approach in asking for information itself acts as a check on various actions and decisions of the Government.

Mr. Gandhi narrated an instance of 1990 before the RTI Act came in to being. At Behawal District, the villagers were in doubts about the public expenditure at their village. They sought to inspect vouchers, bills and supporting. The concerned authorities denied this right to them. The villagers strongly pursued, as they believed that “Hamara Paisa aur Hamara Hissab” and they succeeded in their endeavor to bring a check.

In another instance at Pune, the information sought revealed that the Mayor of Pune was located in two different cars at the same time, in Mumbai and at Ahmednagar. The recovery of the expenses was being made falsely.

Mr. Gandhi observed that for the villagers in Rajasthan, right to information is in the blood and they believed it to be their fundamental right. He shared the instances of a villager addressing a public meeting at the IAS training conference where he very briefly highlighted the importance of the RTI Act and said, “It was necessary for survival”.

Mr. Gandhi also quoted his personal instance of seeking the information where the recommendations for transfers in the Police Department were traced and found to be in breach of their manual.

The meeting ended with the vote of thanks to all the learned speakers by the President of the Bombay Chartered Accountants Society Mr. Sanjeev Pandit. The book released on the subject was distributed to all who attended the meeting for education and awareness of people at large for knowing their rights as citizens of India.

N. B. The booklet is published in the public interest. Any individual desiring to have a copy may obtain it from Bombay Chartered Accountants’ Society office. It is also hosted on website – bcasonline.org