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This is to certify that the presentation -"RTI : USE AND ABUSE" was completed under my guidance and supervision by Amit Kumar Garg Aneesh Kaushal Anil Choudhary FIRST YEAR BATCH : A4 of MNIT JAIPUR within stipulated time.
DR. NUPUR
We extend our deep thanks to DR. NUPUR TONDON , our Language Lab teacher who guided us to the successful completion of this presentation . We take this opportunity to express our deep sense of gratitude for her invaluable guidance , constant encouragement which has sustained our efforts at all stages of this project.
INTODUCTION
WHAT ALL IT INCLUDES FEATURES OF RTI PROCEDURE TIME LIMIT
RTI FAILURES
DISADVANTAGES OF RTI SOME FAILURE CASE EXCLUSIONS
What is RTI? RTI Act is Right to Information Act that was passed by the Indian Parliament in the year 2005 that gave all citizens their right to question any government authority about its working and the body involved. The information here includes all the related records, memos, emails, bills, log books, contracts, etc.
Easy and simple procedure No lengthy documentation required Completely confidential Second appeal is also entertained
PROCEDURE
An RTI application can be made on plain paper in writing or through E-mail addressed to the concerned PIO, or in his absence to the 'Central Public Information Officer'. It must clearly state the name & complete postal address of the applicant along with the nature of information sought. A nominal fee of Rs.10 (Ten Rupees) is charged per RTI application, payable either in
4. Application may be made either in Hindi, English or any regional language of the area and delivered either via post or personally at the office of the concerned PIO.
With the help of RTI act people gets lots of specific information, which before the RTI act government offices often skip or rather not consider it as their liabilities to pass on to the general public. It shows that government employees work up to the mark only when something imposes on them forcibly otherwise they know how to pass on buck of responsibilities on to others shoulders and unnecessarily harass the common people. The information pass on to desired person with specific information and true by nature.
Ask any questions from the Government or seek any information Take copies of any government documents Inspect any government documents
Inspect any Government works Take samples of materials of any Government work.
1.RTI Impact: Misuse of CMs Relief Fund exposed in Mumbai 2.Karnataka: Grant used by MLAs without submitting bills 3.IIMs admission criteria disclosed 4.25 RTI brought ban on dark film in motor cars 5.Life convict uses RTI to prove innocence in Andhra Pradesh 6.Jharkhand: Ranchi Passport office assured to work fast
the criminals even during vehicle checks atNaka points." Use of films or any other material upon the windscreen or the side windows is impermissible in law w.e.f 4th May, 2012. The hon'ble supreme court stated "we prohibit the use of black films of any VLT percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country." The court passed the order on a plea seeking complete ban on use of dark films on car windows, including the vehicles used by VVIPs, alleging that many crimes in cities were committed by people using such cars with tinted windows. The petitioner, Avishek Goenka, had contended that he had 25 RTI query replies from various police stations to back his claim that many crimes, including sexual assault on women, were committed by offenders who used cars with tinted glasses to evade public gaze and conceal their identity. Another adverse aspect of use of black films is that even if they reflect tolerable VLT in the day time, still in the night it would clearly violate the prescribed VLT limit and would
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Laxmi was left penniless after her son Anoop Singhs death on January 29, 2001 as her daughter-in-law Mamta, who was drawing the family pension, re-married in August 2005, her petition said.
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The Right to Information is derived from our Fundamental Right of Expression under Article 19 of the Constitution of India.
If we do not have information on how our government and public institutions function, we cannot express any informed opinion on it.
This has been clearly stated by various Supreme Court judgments since 1977. This Act reaches to every stratum of the society.
Thanks to the RTI Act, the State's response to non-entities and general people goes up considerably.
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Disadvantages of RTI
A lot of cases exist where people have misused RTI. This is not 100% efficient process. Although time limit is specified in the act, but majority of cases fail to get completed within that limit. The nominal fees may not be too high, but the actual cost involved in the case is very high, that cant be afforded by the below poverty line(BPL) people. This has increased criminal cases in the country as people who file these cases are often threatened by the people in power. It has become a tool to obstruct national integrity and destroy harmony among citizens. A stop to the national development has been put as a large number of officials are required to complete all the procedure.
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FAILURE CASES
KOLKATA:
The submission of wrong data for finance minister AmitMitra's budget isn't the only embarrassment for the state information commission. Studies by some people's organizations suggests that the mess at WBIC has been getting worse over seven long years.
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The panel, headed by Sujit Sarkar, who was appointed state chief information commissioner on December 1, 2010, is one of the worstrun in the country, says a study by anti-corruption crusader Arvind Kejriwal.
Kejriwal's Public Cause Research Foundation (PCRF) says that disposal of cases in the WBIC "is very low despite huge pendency". According to the RTI Act, failure to provide information within 30 days (40, in special cases ) is considered a refusal.
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Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application.
EXCLUSIONS
Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
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Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
Information received in confidence from foreign Government; Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Information which would impede the process of investigation or apprehension or prosecution of offenders; Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers; Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual; Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
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information that may lead to breach of privileges of Parliament and State Legislatures.
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WORDS BY Dr. APJ Abdul Kalam Inaugural Address at the National Convention on RTI 13-10-2006: New Delhi
The largest democratic nation, India has survived all vicissitudes, turbulences of all kinds over the last half century and more. In that context, the bringing into being of the RTI has been an important milestone. The Act that came into being last year assures every citizen the right to know what the citizen should, and throws open the system of governance to total transparency and therefore inescapable accountability.
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