Right to Information Act And Empowerment

By Bosco. P (MCTP, Reg.No. M10PH004)

Under the Guidance of Prof. Mercy Kappen

An Assignment Submitted in Partial Fulfillment Of the Requirements for the Course On Empowerment

October, 2010 Suvidya College Bangalore - 560 100, India.

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TABLE OF CONTENTS
General Introduction 1. The Need for the Right to Information 2. Background for the Emergence of RTI 3. What is Right to Information? 3.1 Definition of Information 3.2 Definition of Right to Information 3.3 The Objective of the Right to Information Act 3.4 Applicability 3.5 Maintenance and Publication of Records 3.6 Exemptions 3.7 Role of the Government 3.8 Power to make and remove the rules 4. Right to Information as a Fundamental Right 4.1 Procedure for Obtaining Information 4.2 Fee Structure for Getting Information 5. The Relevance of RTI in Indian Context 5.1 RTI in Empowerment Program 5.2 The Objectives of RTI in the Empowerment Program 5.3 RTI as a Tool for Reinforcing Democracy 5.4 RTI as a Tool to Promote Good Governance and to uproot Corruption

5.5 RTI as a Tool for the Execution of Economic and Social Rights 5.6 Right to Information as a Tool for Whistleblower Protection 5.7 Role of RTI Act in Women Empowerment 5.8 Example of Use of the Act 6. The Methods for Implementing RTI for Empowerment 7. Critical Remarks General Conclusion References

Introduction Empowerment is a process of change. Empowerment occurs at various levels, such as individual, group, and community. Empowerment is a process that challenges our assumptions about the way things are and can be. It challenges our basic assumptions about power, helping, achieving, and succeeding. During the second half of the twentieth century, the RTI globallyi became a powerful weapon of human rights movements to empower people and restore them of their dignity and rights. India being a democratic country, people elect their own leader, who represents them in the Government. The Government of the country holds complete authority to work for the welfare of the country on behalf of the people. Consequently the welfare of the citizens is not sufficiently taken care. So the citizens suffer because of irregularities. As we know that the term Information has been derived from the Latin words Formation and Forma which means giving shape to something and forming a pattern, respectively. In this sense the information adds something new to our awareness and removes the vagueness of our ideas. The former Prime Minister Atal Bihari Vajpayee stated, that the Information is Power,
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and so the Government wants to share power with the humblest; it wants to empower the weakest. All the more preamble of the constitution of India provides that the ownership of the Indian System rests with its people. Hence the people of the country are interested in helping the government by seeking information, in order to ensure the smooth functioning of the government and to cater to the people their rights in due time. It is precisely because of this reason that the Right to Information has been ensured for all. In the last few decades, RTI has been recognized as an internationally protected human right, resembling the shift from dense and secretive administrative systems to open and transparent systems. So, in 2005 the Indian Parliament has made a provision to seek information through a new Bill known as The Right to Information Act. While hundreds of other legislations that prevail in the country tell the citizen what to do and what not, here is a piece of legislation that directs the people holding positions of authority how to be accountable to the people they serve. If all other laws for citizens have invariably prescribed penalties for default, so must this law that regulates the performance of bureaucrats. Right to Information Act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc. With the passing of the RTI Act on the aforesaid date, a faceless citizen is now blessed with a tool with the help of which he can now demand from the high and mighty in the government to know the details of every action they take, professedly on behalf of the people.

1. The Need for the Right to Information In recent years, there has been an almost unstoppable global trend towards recognition of the right to information by countries, intergovernmental organizations, civil society and the people. The right to information has been recognized as a fundamental human right, which upholds the inherent dignity of all human beings. The right to information forms the crucial underpinning of participatory democracy - it is essential to ensure accountability, transparency and good governance. The greater the access of the citizen to information, the better the responsiveness of government to community needs. Alternatively, the more restrictions that are placed on access, the greater will be the feelings of 'powerlessness' and 'alienation'. Without information, people cannot adequately exercise their rights as citizens or make informed choices. The free flow of information in India remains severely restricted by three factors:

The legislative framework includes several pieces of restrictive legislation, such as the Official Secrets Act, 1923; The pervasive culture of secrecy and arrogance within the bureaucracy; and The low levels of literacy and rights awareness amongst India's people.

The primary power of RTI is the fact that it empowers individual Citizens to requisition information. Hence without necessarily forming pressure groups or associations, it puts power directly into the hands of the foundation of democracy- the Citizens.

2. Background for the Emergence of RTI

The importance of the right to information was already recognized in United Nations General Assembly Resolution 59 (I) of 14 December 1946, stating: "Freedom of information is a fundamental human right and the touchstone of all the freedoms to which the United Nations is consecrated." Abid Hussain, the United Nations Special Reporter on Freedom of Opinion and Expression, elaborated on this statement in his 1995 Report to the United Nations Commission on Human Rights, stating that: Freedom will be bereft of all effectiveness if the people have no access to information. Access to information is basic to the democratic way of life. Some of the most fundamental international human rights instruments, the Universal Declarations of human rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), also create a mandate for India to secure to its citizens the Right to information. The UDHR provides: everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any medium and regardless of frontiers (UDHR, article 19). The ICCPR provision says: everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print in the form of art, or through any other media of his choice (ICCPR, article 19 (2)). The Right to Information campaign in India began with the Mazdoor Kisan Shakti Sangathan ii (MKSS) movement to bring in transparency in village accounts via the demand for minimum
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wages in rural India. Ghost entries in muster rolls were a sign of rampant corruption in the system, which prompted MKSS to demand official information recorded in government files. The movement soon spread across India. From very modest beginning in the villages of Rajasthan, the success of MKSS has been a source of inspiration for activists in India and throughout the world. It led to the genesis of a broader discourse on the Right to Information in India. In 1993, a draft RTI law was proposed by the Consumer Education and Research Council, Ahmedabad (CERC). In 1996, the Press Council of India headed by Justice P.B. Sawant presented a draft model law on the Right to Information to the Government of India. The draft model law was later updated and renamed the PCI-NIRD Freedom of Information Bill, 1997. Unfortunately, none of the draft laws were seriously considered by the Government. Meanwhile, MKSS's advocacy gave rise to the National Campaign on People's Right to Information (NCPRI), which was formed to advocate for the Right to Information at the national level. Constituted in 1996 in New Delhi, the NCPRI aims to provide active support to grassroots struggles for the Right to Information and to lobby government to enact and implement effective access to information legislation. In 1997 efforts to legislate for the Right to Information, at both the State and National level, quickened. A working group under the chairmanship of Mr. H.D. Shourie (the Shourie Committee) was set up by the Central Government and given the mandate to prepare draft legislation on freedom of information. The Shourie Committee's Report and draft law were published in 1997. Notably, the draft law was criticized for not adopting a high enough standard of disclosure. The Shourie Committee draft law passed through two successive governments, but was never introduced in Parliament. In the interim, in 1999 Mr. Ram Jethmalani, then Union Minister for Urban Development, issued an administrative order enabling citizens to inspect and receive photocopies of files in his Ministry. Disappointingly, the Cabinet Secretary did not permit this order to come into effect. Eventually, the Shourie Committee draft law was reworked into the Freedom of Information Bill, 2000, an even less satisfactory Bill than the Shourie Committee's. The 2000 Bill was sent to the Parliamentary Standing Committee on Home Affairs, which consulted with civil society groups before submitting its Report in July 2001. The Committee recommended that the Government address the flaws in the draft Bill pointed out by civil society. Unfortunately, the Government did not implement that recommendation, to the detriment of the final content of the Bill.

The national Freedom of Information Bill, 2000 was introduced in Parliament in 2002. It was passed in December 2002 and received Presidential asset on January 2003, as the Freedom of Information Act, 2002. Unfortunately, a date for the Bill coming into force was never notified, such that it never actually came into operation. In May 2004, a new UPA Government came into power at the Centre. The national campaign for Right to Information received a major boost when the UPA Government's Common Minimum Programme promised that: "The Right to Information Act will be made more progressive, participatory and meaningful". The Bill was passed very quickly - it was approved by the Lok Sabha on 11 May, 2005 and by the Rajya Sabha on 12 May. On 15 June, 2005, President APJ Abdul Kalam gave his assent to the national Right to Information Act, 2005. With presidential assent, the Central Government and State Governments had 120 days to implement the provisions of the Bill in its entirety. The Act formally came into force on 12 October, 2005. Indian Constitution have classified that the RTI is a fundamental right. It is derived from the Article 19 (1) (a). That is to say, it is implicitly imbibed within the constitutional framework. However, judiciary in several landmark cases has expressly held RTI as natural concomitant of Article 19 (1) (a). Judicial activism has carved the sculpture out of Article 19 (1) (a) - which is the bedrock of democracy states: All citizens shall have the right (a) to freedom of speech and expression. The majority judgment opined that, It is indisputable that by freedom of the press is meant the right of all citizens to speak publish and express their views. The freedom of press embodies the right of the people to read. Here what is refereed as right of the people to read refers to the right of the readers to get the information. These citations highlight the importance of the right to information at a number of different levels: as a fundamental human right in itself, for the fulfillment of other human rights (e.g. freedom of expression, right to food, right to education, right to health, etc.) and as an underpinning of democracy and good governance. The utilization of the right to information as a tool is to empower the citizens and to promote transparency and accountability for decent democracy; good governance which is devoid of corruption and other malfunctions. This is also aimed at the fulfillment of economic and social rights are of particular importance in India and other South Asian developing countries. 3. What is Right to Information? 3.1 Definition of Information
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Here Information refers to any material in any form relating to the administration, operations or decisions of a public authority. The Act defines information in sec. 2(f) as any material in any form, including the records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any law for the time being in force. Sec. 2(i) defines the word record as including (a) any document, manuscript and file, (b) any microfilm, microfiche and facsimile copy of a document, (c) any reproduction of image or images embodied in such microfilm and (d) any other material produced by a computer or any other device.

3.2 Definition of Right to Information The right to information is defined in sec. 2(j) as a right to information accessible under the Act which is held by or under the control of any public authority and includes a right to (i) inspection of work, documents, records, (ii) taking notes, extracts or certified copies of documents or records, (iii) taking separate samples of material, (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

3.3 The Objective of the Right to Information Act

The spread of information technology has made information in almost every field accessible instantly at the click of the mouse. But information regarding issues realized to governance in India has always been clocked with an aura of secrecy. Even the swearing in ceremonies of ministries in the government has an oath of secrecy rather than the oath for transparency. Consequently, governments as well as public servants have always world under the protective shield of secrecy. This institutionalization and legitimization of secrecy from the moment of independence has resulted only in corruption and nepotism at almost all levels of government. At the critical juncture of Indian democracy when there was phenomenal increase in crime, poverty, corruption and loss of faith in governance, the RTI was passed in view of ensuring accountability and good governance. The greater the access of the citizen to information, the better the responsiveness of government to community needs. Alternatively, the more
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restrictions that are placed on access, the greater will be the feelings of powerlessness and alienation of the citizens. The Bhopal gas tragedy is not merely as a failure of technology but also as a failure of knowledge and more than a gentle reminder that leaving the private sector out of the transparency and public accountability net could lead to unmitigated disaster. Secrecy, in fact contributes to disempowerment of ordinary citizens. It means their total exclusion from processes which vitally affect their existence. Therefore a citizens right to information has a direct bearing on good governance and development. In recent years, the RTI has been recognized as a fundamental human right, which upholds the inherent dignity of all human beings.

3.4 Applicability The Act applies both to Central and State Governments and all public authorities. A public authority sec. 2(h)) which is bound to furnish information means any authority or body or institution of self-government established or constituted (a) by or under the Constitution, (b) by any other law made by Parliament, (c) by any other law made by State Legislature, (d) by a notification issued or order made by the appropriate Government and includes any (i) body owned, controlled or substantially financed, (ii) non-government organization substantially financed - which, in clauses (a) to (d) are all, directly or indirectly funded by the appropriate Government.

3.5 Maintenance and Publication of Records

Sec. 4 makes it a duty of public authorities to maintain records for easy access and to publish within 120 days the name of the particular officers who should give the information and in regard to the framing of the rules, regulations etc. Subsection (3) of sec. 4 states that for the performance of subsection (1), all information shall be disseminated widely and in such form and manner, which is easily accessible to the public. Sec. 6 permits persons to obtain information in English or Hindi or in the official language of the area from the designated officers. The person need not give any reason for the request or any personal details. Sec. 7 requires the request to be disposed of within 30 days provided that where information sought

for concerns the life or liberty of a person, the same shall be provided within 48 hours. Under sec. 7(7) before any decision is taken for furnishing the information, the designated officer shall take into consideration the representation, if any, made by a third party under sec. 11. A request rejected shall be communicated under sec. 7(8) giving reasons and specifying the procedure for appeal and the designation of the appellate authority. Sec. 7(9) exempts granting information where it would disproportionately divert the resources of the public authority or would be detrimental to the safety and preservation of the record in question.

3.6 Exemptions Sec. 8 exempts from disclosure certain information and contents as stated in Sub-clauses (a) to (j) thereof. Sub-clause (b) exempts information, which is expressly forbidden by any court of law or tribunal or the dispute of which may constitute contempt of court. Sub-clause (g) exempts information the disclosure of which would endanger life, or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purpose. Sub-clause (h) exempts information, which could impede the process of investigation or apprehension or prosecution of offenders. Sub-clause (i) exempts Cabinet papers. It is important to note that the Act specifies that intelligence and security organizations are exempted from the application of the Act. However, it is provided that in case the demand for information pertains to allegations of corruption and human rights violations, the Act shall apply even to such institutions. Constitutional avenues remain open to this act. Under the Act, where a citizen has exhausted the remedy of appeal or second appeal, the finality given to the orders of the commissioners and appellate authorities is only for the purposes of the Act and the citizen has a right to approach the High Court under Art. 226 or where it refers to a fundamental right, he may even approach the Supreme Court under Art. 32.

3.7 Role of the Government

Section 26 of the Act enjoins the central government, as also the state governments of the Republic of India (excluding J&K), to initiate necessary steps to:

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Develop educational programmes for the public especially disadvantaged communities on RTI. Encourage Public Authorities to participate in the development and organization of such programmes. Promote timely dissemination of accurate information to the public. Train officers and develop training materials. Compile and disseminate a User Guide for the public in the respective official language. Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected etc.

3.8 Power to make and remove the rules The Central Government, State Governments and the Competent Authorities as defined in S.2 (e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28) If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty (S.30).

4. Right to Information as a Fundamental Right If anyone goes to any Government Department and demands from the officer his files in order to get information stating that he/ she is the master of this country and the RTI is my fundamental right, he would do nothing. In all probability, he would try to blow off the person from the site. Therefore, we need machinery or a process through which we can exercise this fundamental right. Right to Information Act 2005, provides that machinery. Therefore, Right to Information Act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc. Thats why Supreme Court of India views the right to information as a fundamental right flowing from Art. 19(1) (a) of the Constitution which is now a well-settled proposition. Over the years, the Supreme Court has consistently ruled in favor of the citizens right to know. The nature of this right and the relevant restrictions thereto, has been discussed by the Supreme Court in a number of cases. In
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Bennett Coleman, the right to information was held to be included within the right to freedom of speech and expression guaranteed by Art. 19 (1) (a). In Raj Narain, the Court explicitly stated that it is not in the interest of the public to cover with a veil of secrecy the common routine business - the responsibility of officials to explain and to justify their acts is the chief safeguard against oppression and corruption. In S.P. Gupta, the right of the people to know about every public act, and the details of every public transaction undertaken by public functionaries was described.

4.1 Procedure for Obtaining Information One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in prescribed form in English or Hindi, accompanying such fee as given below, to the Public Information Officer or Assistant Public Information Officer specifying the particulars of the information sought by him or her. It is the PIO's obligation to provide information to citizens of India who request information under the Act. If the request pertains to another public authority (in whole or part) it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 days. In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI requests and appeals for forwarding to the PIOs of their public authority. The citizen making the request is not obliged to disclose any information except his name and contact particulars. The Act specifies time limits for replying to the request. If the request has been made to the PIO, the reply is to be given within 30 days of receipt. If the request has been made to an APIO, the reply is to be given within 35 days of receipt. If the PIO transfers the request to another public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority. Information concerning corruption and Human Rights violations by scheduled Security agencies is to be provided within 45 days but with the prior approval of the Central Information Commission. However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.

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In case information is rejected, requester will be intimated about: (i) The reason for the rejection. (ii) The period within which an appeal against such rejection may be made to the appellate authority and (iii) the particulars of the Appellate Authority. If information is not provided within this period, it is treated as deemed refusal. If the information is delayed, the Information Commission can impose a penalty on the Public Information Officer amounting to Rs 250 each day delayed till the information is furnished. Refusal with or without reasons may be ground for appeal or complaint. The Information Commissioner has the power to impose a penalty of Rs 25000 on the concerned officer who refused to accept your application. Further, information not provided in the times prescribed is to be provided free of charge.

4.2 Fee Structure for Getting Information A request for obtaining information shall be accompanied by an application and fee at the following rates: a) Rupees two for each page (in A-4 or A-3 size paper) created or copied; b) Actual charge or cost price of a copy in larger size paper; c) Actual cost or price for samples or models; d) Rs. 50/- per diskette or floppy; e) For information provided in printed form at the price fixed for such publication or Rs 2/- per page of photocopy for extracts from the publications; f) For inspection of records, no fee for the first hour; and a fee of rupees five for each subsequent hour (or fraction thereof). If the applicant is a Below Poverty Card holder, then no fee shall apply. Such BPL Card holders have to provide a copy of their BPL card along with their application to the Public Authority.

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The Relevance of RTI in Indian Context

5.1 RTI in Empowerment Program Empowerment is a multi-dimensional social process that helps people gain control over their own lives. It is a process that fosters power (that is, the capacity to implement) in people, for use in their own lives, their communities, and in their society, by acting on issues that they define as important. Information is power. More information available in the public domain is a more empowering phenomenon for civil society groups. On the other hand, absence of adequate information stands the growth for civil society. The right to information is a new
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instrument with the potential to serve as a powerful tool for the empowerment of the people and to establish a good democracy, good governance and the fulfillment of human rights.

5.2 The Objectives of RTI in the Empowerment Program Civil society organizations, especially those working at the grass root level; have an uphill task of popularizing the RTI even to illiterate rural poor, especially the dalits, tribals and other marginalized groups in the country. It is hoped that once citizens realize its potential within the personal sphere, he/ she will feel empowered to enter into larger spheres. Gradually, empowered citizens will become empowered neighbors. Since India is a huge country it is difficult to govern with its government and machinery. It needs the active involvement of civil society in the process of governance for peace and stability in the society. 1) First and foremost, the RTI act aims at making the governments departments

more people-friendly and more accessible to the common man. The proactive disclosures as well as the information accessible to civil society in the government departments are meant to have mutual benefits. On the other hand, the government departments will benefit from the suggestions, advice and even complains from civil society. On the other civil society is empowered with the information provided by governments departments to participate in the decision making process.

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RTI desires to empower civil society to ensure clear and transparent

governance. Since corruption at every level of governance has been growing rapidly throughout the country, the desire of the common citizen of the country to put an end to bribery, nepotism and other forms of corruption that had epitomized government departments in the past has been fulfilled by the use of the RTI act as an effective tool to root out corruption in public services. In some cases, it has also exposed the nexus between politicians, public servants and other people with vested interests.

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RTI has emboldens civil society groups to demand for the accountability from

government departments not only with regard to its activities but also its budget and expenditure. The slogan, Hamara paisa, hamara hisaab(our money, our account) sums up the type of governance sought by civil society groups in the country. By monitoring the expenditure of the governments departments, civil society groups ensure greater efficiency in governments spending.

4)

The RTI intends to help civil society groups to monitor the various governments

sponsored projects throughout the country. The governments spend several crores of rupees for various social welfare and developments projects. By monitoring these projects, civil society groups ensure that these projects produce the desired results and identify the irregularities and bottle necks that prevent the smooth implementations of the project. In this way the RTI has brought quite a lot of government information in the public domain that access to all these documents and information has empowered civil society. 5.3 RTI as a Tool for Reinforcing Democracy The right to information facilitates citizens participation in public affairs by providing relevant information to the citizens who are empowered to make informed choices and better exercise their democratic rights. This is of particular relevance in light of recent political and governance reforms in India that followed the 73rd and 74th Amendments to the Constitution in 1993. These reforms focus on decentralization and strengthening of local governance and aim at the participation of citizens in general and marginalized groups of citizens in particular. Institutions of decentralization, local governance, and rural development are likely to bring policy formulation, service delivery and resource management within the purview of the citizens. The right to information can be utilized to facilitate this process. Local governance institutions are more likely to act in accordance with the wishes of the electorate if they know that their actions can be constantly scrutinized by citizens.

5.4 RTI as a Tool to Promote Good Governance and to uproot Corruption

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In order to make governance more transparent and to effectively hold the government accountable, citizens must be able to access information held by public authorities. Corruption thrives on secrecy. Individuals and institutions become corrupt only when there is no public scrutiny of their actions. The more they operate in the public gaze the less corrupt (and more efficient) they are likely to be. In this respect, the right to information can be utilized as a tool to fight the widespread corruption in India. In 2005, India received a score of just 2.9 (out of a maximum of ten) in Transparency Internationals Corruption Perceptions Index, ranking it 88th out of 158 countries. This reflects the serious corruption problem in India - a problem that affects not only businesspeople, but a wide range of individuals. In India, tax revenue meant for investment in public services is an attractive target for abuse. In addition, Indian citizens, especially the poor ones - frequently face corruption in public service delivery through the solicitation of bribes or speed money.

5.5 RTI as a Tool for the Execution of Economic and Social Rights The right to information can be utilized to challenge the denial of access to education, health care, food supply, etc., as well as discrimination against marginalized groups in the provision of these basic public services or the low quality of basic public services in general. For example, in India a significantly smaller proportion of very poor people have easy access to health care compared to the rest of the population. In particular, poor women face problems in the utilization of health services. The reasons are because of burdensome distances to health facilities, shortages of health personnel and medicines, absences of doctors, poor quality of services, lack of hygiene, the non-responsive behavior of health staff and corruption. A precondition for the utilization of the right to information for these purposes is the enactment of a detailed procedural right to information law, which is in line with international standards and inspired by the principle of maximum disclosure of information, coupled with its effective implementation and enforcement. This can therefore be considered a good starting point for the empowerment of citizens in their relationship with the state. 5.6 Right to Information as a Tool for Whistleblower Protection Right to information becomes an alarm for the public authorities to be conscious of their duties - it is advisable to include a whistleblower protection provision in the Right to Information Act No. 22. Those who know best what is going on inside a governmental institution are the civil
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servants who work there. The information that a government chooses to release to the public may not be the whole truth. This is particularly the case where wrongdoing, such as corruption or serious mismanagement is taking place. Therefore, it is important that the right to information includes the right of civil servants to disclose information about any possible wrongdoing on the part of the institution they work for. This would be a sincere empowerment

5.7 Role of RTI Act in Women Empowerment Common men and women have both benefited from this Act. However, if we specially talk about women empowerment, then yes this Act has certainly contributed in its own way in creating conditions for the woman to take recourse to a better well-informed decision-making process, even in her day-to-day life. As a matter of fact the world also has now recognized women as agents of developmental process. Right to Information Act facilitates womens self dependency while continuing to project and safeguard her rights and privileges. Lack of access to information and technology affects people in general and in most cases women are most affected and the advancement of women has been affected by lack of access to vital information that relates to their rights, therefore the availability of an Act that guarantees free access to relevant and timely information is crucial for womens empowerment. Moreover, with this Act in place, women can also access information on issues like domestic violence, harassment at workplaces, whether police is refusing to register an FIR in serious dowry related cases and deaths. 5.8 Example of Use of the Act RTI instrumental in getting a new electricity connection- Ashok Gupta applied for a new electricity connection for his premises on 3.2.01 to Delhi Vidyut Board (DVB). He was demanded a bribe. He refused to pay bribe. As a result, he was not granted electricity connection. According to the Indian Electricity Act, an applicant should get a new connection within 30 days of application. Ashok made several visits to DVB office but none listened to his woes. In February 2002, he filed an application under the Delhi Right to Information Act. On 2.3.02, he was granted a new connection.It was almost miraculous. How did this magic

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happen? In ordinary circumstances, such an application would have been consigned to the dustbin. RTI paves the way- A road was dense carpeted in the year 2001 in Patparganj area in East Delhi but some portions were left undone. The residents suspected foul play. In the year 2002, when Right to Information Act came, they sought a copy of contract of the road. Within a week of filing the application, the Executive Engineer called up the applicant and promised to complete the job. The undone portions have been done since then. Of late, Vinita Kamte wife of IPS Officer Ashok Kamte who died fighting attackers during 26/11 Mumbai attack in her Book To The Last Bullet brought to the light the various lapses on part of the Indian security system that lead to the killing of many including Ashok Kamte. The expose was based on the information gathered with the provision of Right to Information Act in place. In an interview to the news portal Vinita Kamte clearly stated that the post mortem report of the deceased police officer was also obtained through a request made under Right to Information Act. An issue that concerns women most is that of food security. In Delhi, women spearheaded the campaign to reform the public distribution, that is, the ration distribution system. Ration shopkeepers either used to keep their shops closed or enough supply was not available with them as prescribed. As soon as these women took recourse to the RTI, the ration shops opened, some shopkeepers even apologized to the people, the ration supply improved and licenses of some corrupt shopkeepers stood cancelled. M. Lakshmi Devi, a 25-year- old Dalit women from Kondavanipalli village of Kurnool district in Andhra Pradesh used to work as daily wage laborer and earned Rs 40. In 2002, due to her fathers sickness she took a loan of mere Rs 1000 hoping to repay it. What she did not know was that the upper caste moneylender had made her sign five acres of land away with a thumb impression. She joined APDS-Andhra Pradesh Dalit Samakhya (women Self Help Group) to rescue her land. Using the Right to Information Act, Lakshmi and her fellow activists found 110 acres of vacant land, and lobbied hard for it to be given to Dalit women. It is said that when one is equipped with knowledge in various aspects a lot of mishaps can be prevented hence, information is a boon to womens empowerment and Gender Equality. 6. The Methods for Implementing RTI for Empowerment
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The Act enjoins the central government, as also the state governments of the Republic of India to initiate necessary steps for the effective execution of the RTI and to empower its citizens. The primary methods for achieving the above stated objectives of the Right to Information Empowerment Program are: 1. It is not enough that there is an act, it should be respected by both the parties, officials and the public. Awareness raising among citizens of the right to information through information tools such as right to information website and studies and through awareness raising activities of the trained civil society organizations, a Systematic awareness campaign across the country would facilitate in order to inform and educate the people about the existence, objectives, benefits and vitality of the act. 2. Capacity building among civil society organizations, human rights activists and development experts on advocacy, awareness raising, and strategic litigation in the field of the right to information through training programs and workshops, information tools and an on-line discussion forum, also in educational program for the public especially disadvantaged communities on RTI will reduce the possibility of innocent villager or individuals being cheated, harassed, misguided and be fooled by the government officials. 3. Government must insist on Public Authorities to participate in the development and organization of such program. This would enable them to treat clients and people with no suspicion. Because it is a part of their job to help and inform the public. And the function of the Act depends much on the cooperation of the officials. 4. Government should promote timely dissemination of accurate information to the public. For this purpose the user guides should also be locally available in the local languages. It requires to publish names, designation, postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected etc. 5. Finally the procedure can be also made simpler if the individual can deposit the application in the local Panchayat office or at the block headquarters or municipality or at the district level office.

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6. A right to information website. This website will be designed as an active web portal with space for civil society organizations, active citizens, human rights experts and development experts to discuss, document and share emerging practices and experiences on an ongoing basis 7. Establishing an Anti-corruption and Right to Right to Information Helpline, which citizens can use to complain about illegal gratification, bribes or speed money demands by public authorities; as well as to ask questions on right to information application procedures and to report problems in respect to this new legal instrument. The complaints received will be forwarded to the agencies for investigation and redress 8. Conducting and publishing a comparative study on best practice examples in developing countries, including elaborate right to information legislation and litigation, effective implementation strategies, and successful activities of civil society organizations in the field of right to information 9. Conducting an implementation-audit on right to information provisions in the public sector in with the help of volunteers - this audit should focus to 75% on the urban sector and to 25% on rural districts.

6. Critical Remarks The Act has been criticized on several grounds. It provides for information on demand, so to speak, but does not sufficiently stress information on matters related to food, water, environment and other survival needs that must be given pro-actively by public authorities. The Act does not emphasize active intervention in educating people about their right to access information -- vital in a country with high levels of illiteracy and poverty -- or the promotion of a culture of openness within official structures. Without widespread education and awareness about the possibilities under the new Act, it could just remain on paper. The Act also reinforces the controlling role of the government official, who retains wide discretionary powers to withhold information. The most scathing indictment of the Bill has come from critics who focus on the sweeping exemptions it permits. Restrictions on information relating to security,
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foreign policy, defense, law enforcement and public safety are standard. But the Right to Information Act also excludes Cabinet papers, including records of the council of ministers, secretaries and other officials; this effectively shields the whole process of decision-making from mandatory disclosure. Another stringent criticism of the Act is the recent amendment that was to be made allowing for file noting except those related to social and development projects to be exempted from the purview of the Act. File notings are very important when it comes to the policy making of the government. It is these notes that hold the rationale behind actions or the change in certain policy, why a certain contract is given or why a sanction was withheld to prosecute a corrupt official. Therefore the governments intention to exempt the file notings from the purview of the Act has come in for stringent criticisms.

Conclusion
Dr. A .P J Abdul Kalam Former President of India said, The Right to Information Act 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. The RTI act is considered one of the best pieces of legislation in the world today. By enacting the Right to Information Act India has

moved from an opaque and arbitrary system of government to the beginning of an era where there will be greater transparency and to a system where the citizen will be empowered and the true center of power. Only by empowering the ordinary citizen can any nation progress towards greatness and by enacting the Right to Information Act 2005 India has taken a small but significant step towards that goal. The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused. Thus with the enactment of this Act India has taken a small step towards achieving real Swaraj. And it has
certainly captured the imagination of the citizens of the country to build India into a nation according to the set forth by the makers of our constitution. Common citizens can now escape harassment from public officials. However, the efficacy of law does not depend on its content but on its proper implementation. Governance has to be an open book and officials conscious of the fact that they are liable for omissions and commissions during their tenure for just and systematic work rather than doing things at the whims and fancies arbitrarily and getting away with itafter all the affected are the countrys common masses who bear the brunt of mismanagement. The RTI has to play a critical role in systematic corrections rather than limiting its success to individual cases. Then only the RTI Act can be considered a step towards ensuring a stronger and vibrant democratic process in India. However, empowerment is a process, which can be long and complex. Empowerment is all about 21

people taking control over their lives. It is about people pursuing their own goals, living according to their own values, developing self-reliance, and being able to make choices and influences; both individually and collectively. The utilization of Right to Information Act positively accelerates the empowerment process of men and women in development process. It enhances the quality of citizen participation in governance from mere-vote casting, to involvements in the decision making that affects or his life.

REFERENCE Fernandes, Denzil. The RTI Legislation and Civil Society. Social Action: A Quarterly Review of Social Trends 56, no. 4 (October-December 2006): 361-373. Khemundu, Kapile. Right to information as Empowering People. Social Action: A Quarterly Review of Social Trends 56, no. 4 (October-December 2006): 344-349. Kumbhar, Sita Ram. Role of Civil Society in Taming Development through Information. Social Action: A Quarterly Review of Social Trends 56, no. 4(October-December 2006): 333343. Mishra, B.K. and Mishra, Aditya, K. Right to Information: Need for Decentralization and Procedural Simplification. Social Action: A Quarterly Review of Social Trends 56, no. 4 (October-December 2006): 386-395.
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Nayak, Ramesh C. Right to Information and Panchayats. Social Action: A Quarterly Review of Social Trends 56, no. 4 (October-December 2006): 374-385. Nayak, Venkatesh. Governance in a Rights Framework and the Right to Information. Social Action: A Quarterly Review of Social Trends 56, no. 4(October-December 2006): 319-332. Pandey, Ajay. Some Aspects of Jubilation and Caution: The RTI Act 2005. Social Action: A Quarterly Review of Social Trends 56, no. 4 (October-December 2006): 350-360. Internet Sources:
http:/ / www. Legalserviceindia.com/articles/rti_dh.htm. http://www.nyayabhoomi.org/treatise/history/history1.htm. http://www.legalserviceindia.com/articles/iftaa.htm. http://gconnect.in/gc/ask-gc/right-to-information-act-rti-faq.html. http://www.lawyersclubindia.com/articles/Right-to-Information-3137.asp. http://en.wikipedia.org/wiki/Right_to_Information_Act.

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In recent years, many Commonwealth countries like Canada, Australia, and New Zealand have passed laws providing for the right of access to administrative information. USA, France and Scandinavian countries have also passed similar laws. US Freedom of Information Act ensures openness in administration by enabling the public to demand information about issues as varied as deteriorating civic amenities, assets of senators and utilization of public funds. Sweden has been enjoying the right to know since 1810.
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Mazdoor Kisan Shakti Sangathan (MKSS) is a workers and farmers solidarity group in Rajasthan and subsequently, throughout India, which is dedicated to ensuring fair working conditions and daily wages for daily wage earners and farmers. MKSS has famously used the method of Jan Sunwai (public hearing) to raise awareness of the practical value of the right to information for poor people. MKSS famously used the right to information as tool to draw attention to the underpayment of daily wage earners and farmers on government projects, and more generally, to expose corruption in government expenditure. Initially, MKSS lobbied government to obtain information such as muster rolls (employment and payment records) and bills and vouchers relating to purchase and transportation of materials. Consequently, MKSS has been a leader in the national campaign for right to information and continues to use the right to information to empower local people to root out corruption and hold their government representatives to account and to be transparent.