Latest news with #RTI
Hans India
7 hours ago
- Politics
- Hans India
If you don't ask, you don't get; not even under RTI!
The Union Government should understand that the Right to Information (RTI) is an integral part of Freedom of Expression. The Right to Information Act 2005 mandates a timely response to any citizen's requests for government information. It is an initiative that is aimed to provide quick access to information. This is in addition to access to all RTI-related information and disclosures published on the web by various public authorities under the Union and state governments. The primary objective of the RTI is to empower citizens, promote transparency and accountability in government operations, combat corruption, and ensure democracy works for the people. An informed citizen is better equipped to keep a necessary vigil on the instruments of governance and make the government more accountable to the citizens of the country. Important features of the RTI: The Act applied to all government and public authorities at the central, state, and local levels. People can request information from public authorities regarding the functioning of government departments, policies, programs, and other relevant matters. Public authorities must provide the requested information within 30 days of receiving an application, or 48 hours regarding cases pertaining to life and liberty. The Act defines what constitutes a public authority and makes it mandatory for such organizations to appoint Public Information Officers (PIOs) responsible for handling RTI requests. If a request is denied or not answered satisfactorily, the applicant can appeal to the higher authorities, including the Information Commissioner at the state and central levels. The Act protects whistleblowers, who may face risks or threats for seeking information or exposing corruption. However, there are some exemptions, such as national security, personal privacy, and commercial confidentiality, where information may not be disclosed. The RTI has been instrumental in promoting transparency, accountability, and reducing corruption in India's government and public institutions. It has enabled citizens to actively participate in the democratic process by having access to information that helps them make informed decisions and hold public officials accountable for their actions. With the Right to expression in place, why an RTI? Although the Right to Information is not a fundamental right, it protects the fundamental right to Freedom of Expression and Speech under Article 19(1)(a) and the Right to Life and Personal Liberty under Article 21 guaranteed by the Constitution. Equality is a necessary Fundamental Right under Article 14. The authorities under the RTI Act 2005 are called public authorities. The Public Information Officer (PIO) or the First Appellate Authority performs the quasi-judicial function of deciding on the application and appeal, respectively. The RTI was enacted to consolidate the fundamental right in the Indian Constitution, 'freedom of speech'. Since RTI is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied fundamental right. Liberty of thought, Freedom of expression, right to vote, and right to question depend upon the Right to information. Mahatma Gandhi once mentioned: If you don't ask, you don't get. This captures the spirit of the Act. Information held or controlled by a public authority must be shared. The authorities need not 'own' the information. If the authority controls the information, it must be shared when a citizen makes a request. Not a suggestion, it is a 'Right'' Section 3 states that all citizens shall have the right to information. It is not a suggestion or recommendation but a right. Right to government information was enacted in Sweden in 1949, though the basic principle of access to official information had been recognized there in 1766. Finland adopted a similar law in 1951. The United States introduced the Freedom of Information Act in 1966. Several European countries enacted access-to-information legislation in the 1970s. Australia, Canada, and New Zealand enacted the law in the early 1980s. Enter Bharatiya Sakshya Adhiniyam (BSA), 2023 Public documents 74. Public and private documents. Certified copies of public documents, 75. Proof of documents by production of a certified copy, 76. Proof of other official documents, 77. There are a few changes in the Evidence Act 1872, as regards BSA. That is why the NDA faced criticism for giving cosmetic colours to the British Law with Hindi names. Scope of RTI: What does the right to information cover? It is explained in detail with the help of the diagram below. It involves inspecting, taking, and obtaining information. What is information: Information includes correspondence, notes, Appendix to correspondence and Appendix to notes. File noting's are an integral part of information. Section 4: At a high level, Section 4 requires every public authority to routinely disclose information about its functions, decision-making norms, documents held, employee contacts, and budgets. Section 4 is important, but it is more of a recommendation. It should be a right. The details are provided below. If this information is made available to people proactively, there is no need for RTI. Why RTI? The main objective of a democracy is good governance. Citizens must have the right to protect themselves from bad governance. The goodness of the government is reflected in the quality of governance. It is a constitutional right, not just an ordinary Act or legislation. It is the most empowering legislation for democracy. Articles 14, 19, and 21 are very important for democracy, including the right to expression. (The writer is Advisor, School of Law, Mahindra University, Hyderabad)
Time of India
10 hours ago
- Politics
- Time of India
On death row, he battled from jail with RTI blitz before acquittal in 11/7 Mumbai train blasts case
New Delhi: Death row convict Ehtesham Qutubuddin Siddiqui in the 2006 Mumbai serial train blasts case battled from jail using a stream of RTI pleas and legal challenges before Delhi high court . Bombay high court overturned his conviction Monday, citing lack of evidence. But he had tried to build his defence long before the verdict came. Siddiqui routinely petitioned Delhi courts, contesting denials under RTI Act. His RTI applications and legal fights targeted confidential govt documents and intelligence dossiers, in a campaign he claimed was critical to proving procedural lapses in his prosecution. In 2020, Siddiqui moved Delhi HC through advocate Arpit Bhargava, questioning the timing of Maharashtra govt's sanction for his prosecution. The sanction was granted in Jan 2007, while the official notification came only in June. He sought through RTI all proposal documents and file noting from Union home ministry to show the approval was "wrongly granted". You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The following year, he pursued access to a 2009 IB report allegedly recommending a relook at the evidence in the blasts case. While IB told central information commission no such report existed, Siddiqui challenged CIC's order in HC, accusing it of "blindly" trusting the agency's claim. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Could Be the Best Time to Trade Gold in 5 Years IC Markets Learn More Undo HC asked IB to clarify whether any such report was ever prepared and shared with the home ministry. Ultimately, the court upheld CIC's decision, stressing that intelligence documents related to terrorism were exempt under RTI Act. It cited national security and sovereignty as overriding concerns. Siddiqui didn't stop. He filed RTIs for "background notes" and reports from Centre and states, including Gujarat, Delhi, and Andhra Pradesh, concerning the 2008 ban on Indian Mujahideen — the group allegedly behind the bombings. When denied, he again challenged CIC's ruling. Delhi HC sided with CIC and said disclosing such sensitive records would endanger public safety and national interests. "The information sought… would have a bearing on the sovereignty and security of the country," the bench ruled. In 2019, Siddiqui turned to HC once more, saying he retained the right to access free education as a prisoner. He cited several Ignou courses completed from Nagpur central jail, and sought more books and study material under RTI. HC agreed, directing the jail superintendent to provide the requested books either physically or in soft copy.
Time of India
14 hours ago
- Business
- Time of India
Karnataka high court rules Century Club comes under Right to Information Act due to receipt of land grant
Bengaluru: The Karnataka high court ruled that Century Club, Bengaluru, falls under the Right to Information Act's purview due to its receipt of 7.5 acres of land from the Kingdom of Mysore through the Maharaja in 1913. Justice Suraj Govindaraj upheld the Karnataka Information Commission's order in this regard, stating the land grant constitutes substantial state financing. The court dismissed Century Club's petition challenging this decision. The case originated when advocate S Umapathy requested RTI-mandated records in 2012. The club refused, claiming it wasn't a public authority. Umapathy then approached the Karnataka Information Commission in 2013. On March 14, 2018, the Information Commission directed the club to provide the requested information. You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru Century Club contested this, arguing it operates on member payments and isn't a public authority under RTI. They maintained the land grant from the Maharaja, their Patron-in-Chief at the relevant time, wasn't a govt largesse. Umapathy countered that the current value of the centrally-located land was substantial, running into crores of rupees. The court noted the 1913 land grant belonged to the Kingdom of Mysore, with no evidence suggesting it was the Maharaja's personal property. The judge emphasised that the club's entire operations depend on this land adjacent to Cubbon Park. Justice Suraj Govindaraj concluded that the land's present value would amount to hundreds or thousands of crores, far exceeding member contributions. This substantial state contribution through the Kingdom of Mysore makes RTI provisions applicable to Century Club. The judgement highlighted that the club's recreational, sports, and entertainment activities rely entirely on this granted land, without which its existence would be questionable. The court rejected Century Club's petition to exempt itself from RTI obligations.
Deccan Herald
15 hours ago
- Deccan Herald
RTI Act applicable to Bengaluru Century Club, rules Karnataka HC
In 2012, S Umapathy, a Bengaluru-based advocate, had filed an application to the club under the RTI seeking a certified copy of the list of records duly catalogued and indexed as required to be maintained under the RTI Act.
The Hindu
16 hours ago
- The Hindu
Karnataka High Court issues notice to NHAI on plea against collection of toll at Nagasandra toll plaza on Tumakuru Road
The High Court of Karnataka on Tuesday ordered issue of notice to the National Highways Authority of India (NHAI) on a PIL petition complaining that collection toll at the Nagasandra toll plaza is illegal as the period for collection of toll expired in 2021. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Joshi passed the order on the petition filed by A.V. Amaranathan, a city-based advocate. Alleging that crores of rupees has been collected as toll since 2021, the petitioner has sought a direction from the court to the NHAI to submit the details of the toll collected since 2021. The petitioner has also claimed that the plaza is situated inside Bengaluru city and hence the collection of toll is illegal, besides contending that for travelling about 5 km, from Guruguntepalya till Nagasandra where the plaza is located, commuters will have to pay ₹40. It has also been complained in the petition that the NHAI has not provided him the response to the applications filed under the RTI seeking various details on toll collection and contract period.
