How to File RTI Application - Hemant Goswami

What Role Does the State
have?
To ensure that everyone’s rights are protected and
everyone is ………………

2. Enjoying it within reasonable parameters of ‘Civility’ …………
i.e. …….. In accordance with the mutually agreed upon
safeguards for uniform enjoyment of natural rights …
[Constitution and Laws]
State has no business to walk even a small step
further than this ….

In India

Chapter III of the Indian Constitution can said to be
India’s declaration of Human Rights
Despite this, there have been numerous dilutions ….
We have also carried over the burden of our legacy of
oppression ……. Carried it forward from the unfair rulers
and occupiers with little application of mind.

Article 19(1)(a) can be said to be the First Right

Article 19(1)(a)
19. Protection of certain rights regarding freedom of speech, etc. - (1)
All citizens shall have the right- (a) To freedom of speech and
expression;

There can be no freedom, if there is no “Freedom of
Speech.” In all oppressions, freedom of expression is the
first causality ….

In INDIA we have never seen true ‘Freedom of Speech and
Expression.’ If this right is not ensured (and safeguarded) then we
are bound to loose our freedom and democracy

What is RIGHT TO INFORMATION (RTI)

A legislation (Act) passed by the Indian Parliament in
2005
Citizen’s right to obtain information from any public
authority relating to its administration, operations or
decisions.
A fundamental democratic right.
It is a human right to access information, to seek
receive and impart information
The fundamental right to freedom of expression and
upon which all other rights depend

RTI and 19(1)(a)
If free flow of information is missing, then how can
there be freedom of speech and expression?

Open and free dialogue is possible only when sufficient
information is available for further deliberations and
discussion
Dialogue, discussions and expression must be free from
any retaliation or oppressive/suppressive action

Right to Information
RTI is part of this basic Human Right …….. It’s the
most basic of the rights

Makes it mandatory on the custodian/trustees for
safeguarding ‘Civility’ to share all information, inputs and
output which was processed during the ‘Service to the
Public/Humanity’
Intents to open up dialogue for necessary corrective action
and ensure development in the right and desired direction
Protect equal distribution of good among all ……….. All other
rights dependent on this right

Use of RTI for corrective
action

What RTI is being used for since 2005
• Exposing wrongs done to oneself
• Public resources
• Exposing public corruption
• Speeding up the process without the
SPEED…money
• Corrective policy intervention by citizen groups

What RTI has actually done

Brought greater
degree of ‘freedom of
speech and
expression’
…….. paved way for comprehensive human rights
This single act has helped human rights more than anything else

Provisions under the RTI Act

PROCESS OF FILING AN RTI APPLICATION

Information can be sought under Section 4/6
Application filed under Section 6
Can seek information but not ask questions/ opinions
Information has to be provided within 30 days
If no information is provided, first appeal (Under section 19) within the
public authority (usually a senior officer) is made after 30 days
If you are still not satisfied, file a second appeal (Under section 19)
with Information Commission within 90 days
If no reply is received, file a complaint (under section 18) directly with
the Information Commissioner

Section 2
Section 2 (f) – Information ‘means any material in any form, including
records, documents, memos, e-mails, opinions, advices, press releases,
circulars, orders, logbooks, 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 other law for the time being in force’
Section 2 (i) – record includes
(a) any document, manuscript & file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm
(whether enlarged or not); and
(d) any other material produced by a computer or any other device

What is RTI?

Section 2 (j) – right to information means ‘the right to information
accessible under this Act which is held by or under the control of any
public authority and includes the right to-
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified 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

Who is a Public Authority

Section 2 (h) – Public authority 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 notification issued or made by the appropriate
government, and includes any
• (i) body owned, controlled or substantially financed;
• (ii) non-government organization substantially financed, directly or
indirectly by funds provided by the appropriate government’

Pro-
Pro-Active Disclosure

Section 4 – Every Public Authority shall maintain all its
records duly catalogued and indexed in a manner and the
form which facilitates the right to information and ensure
that all records that are appropriate to be computerized
are, within a reasonable time and subject to availability of
resources, computerized and connected through a network
all over the country on different systems so that access to
such records facilitated – also to provide the information
suo motu to the public at regular intervals through various
means of communications, including internet –
dissemination, keeping in mind the cost effectiveness, local
language.

How to File a RTI Application?

Section 6 – File an RTI Application Under Section 6
Section 6. (1) A person, who desires to obtain any information under
this Act, shall make a request in writing or through electronic means
in English or Hindi or in the official language of the area in which the
application is being made, accompanying such fee as may be
prescribed, to—
(a) the Central Public Information Officer (CPIO) or State Public Information Officer
(SPIO), as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant Public
Information Officer, as the case may be, specifying the particulars of the
information sought by him or her:
Provided that where such request cannot be made in writing, the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall render all reasonable assistance to the person making the
request orally to reduce the same in writing.

How to Draft?

No specific format is required
Address to PIO followed by address of the department
Application should contain;
Name
Address
Kind of Information (To help the PIO)
Duration for which information required (To help the PIO)
Exact Information, as required; preferably paragraph wise
Inspection clause, if you also wish to inspect the file
Details of the fee deposited (Can be deposited by PO, DD, Cash, etc)

How to Draft?

Some practical guidelines:-
Be brief to the extent possible
Don’t ask questions/ opinion which do not exist on files
Can ask questions and seek answers of all such subjects
which exist on any document, file noting
Be clear and to the point
Cover all possibilities to avoid possible evasion to answer;
and be as specific as possible
Always request for inspection of documents in addition to
information request

Let’
Let’s draft a RTI request
APPLICATION UNDER THE “RIGHT TO INFORMATION ACT” INFORMATION REQUIRED UNDER SECTION 4(1)(c)/(d) AND 6

Date : July 23, 2009
Reference No : BBS/2009/PMO/236

PIO FROM WHOM INFORMATION IS REQUIRED:
Central Public Information Officer,
Ministry of Health and Family Welfare
Nirman Bhawan, Maulana Azad Rd.
New Delhi - 110 001

NAME OF THE APPLICANT:
Hemant Goswami

ADDRESS:
Hemant Goswami, Tobacco Free India Coalition C/o Burning Brain Society,
#3, Glass Office, Business Arcade, Hotel Shivalikview, Sector 17-E, Chandigarh 160017
Telephone: +91-172-5165555
E-Mail: hemant@rightto.info

Let’
To help the PIO:

SUBJECT MATTER OF INFORMATION REQUIRED:

Information pertains to the use and provisions of Cigarette and Other Tobacco
Products Act and Rules. Specific information w.r.t. implementation of provisions
related to “Pictorial warnings” on tobacco products is sought. Minutes of the
meeting of GoM on the issue is also requested.

DURATION FOR WHICH INFORMATION IS REQUIRED:

Information is required for the last three years or as specifically mentioned in this
application. Information be provided till the date of providing complete reply under
this RTI Application and/or till the date of final disposal of this RTI application.

Let’
DESCRIPTION OF INFORMATION REQUIRED:

1) Provide certified copies of all letters and communication (Whether electronic or otherwise) written/sent /received
and /or carried out by the office of the Ministry of Health and Family Welfare between January 1, 2005 to date,
with any other ministry and/or authority of Government of India or any State Government w.r.t the issue of
Pictorial Warning on tobacco products.
2) Provide certified copies of all notifications, orders, instructions and communication by the Ministry of Health and
Family Welfare on the issue related to “Picture warning” on tobacco products.
3) Provide certified copies of minutes of all such meetings (Since January 1, 2005 to the date of supply of information)
in which the issue of “graphic warnings” or “pictorial warnings” or any other kind of warnings on tobacco products
has been discussed.
4) Provide certified copies of minutes of all meetings (Since January 1, 2005 to the date of supply of information) by
the “Group of Ministers” in which the issue of “graphic warnings” or “pictorial warnings” or any other kind of
warnings on tobacco products has been discussed.
5) Provide certified copies of minutes of all meetings and/or interactions (Since January 1, 2005 to the date of supply
of information) with any other Ministry of Government of India in which the issue of “graphic warnings” or “pictorial
warnings” or any other kind of warnings on tobacco products has been discussed.
6) Provide certified copies of all communication received from any political leader, party and/or functionary in which
the issue of “graphic warnings” or “pictorial warnings” or any other kind of warnings on tobacco products has been
raised.
7) Etc……………..

Let’
INSPECTION CLAUSE:

After the supply of the information from Para 1 to 15, the undersigned would, at his discretion, also
like to inspect all the records (both electronic and paper records), documents/letters, communication,
notes, books, ledgers, account books, etc. and the files which are relied by your department and/or
on the basis of which the information to the above-mentioned request is supplied/to be provided.
Kindly provide the working hours of your office and the name, contact details and exact location of
the record officer/other officials in whose custody the said records are available and can be
inspected.
a. The undersigned requests you to provide extracts, copies of documents and vouchers,
certified copies, electronic documents, e-mails and relevant portion/noting of any and all
the documents required by the applicant after the inspection by the applicant (and/or his
representative) or otherwise. During the inspection, the applicant may be allowed to take
notes from the documents and seek copies of all or any of the documents available in
paper or electronic format.
b. Provide the unique file-numbers/ record-number of all the files (as assigned to them) on
the basis of which the above mentioned information record/information (as sought in this
application) is being / to be

Let’

OTHER DETAILS
The information may also be e-mailed at the e-mail address hemant@rightto.info.
In case any specific information head require payment of any further fee; the rest
of the information may not be withheld and be provided immediately. The complete
information as requested along with the intimation about the working hours during
which the undersigned can make inspection must be intimated through e-mail
immediately.
• The details of fee deposited is as under;
• A sum of Rs. 10/- is deposited vide IPO No. XXXXX dated xx/yy/zzzz
drawn on ‘Account Officer/ PIO, Name of the Department’

If improper information is
received
File First Appeal Under Section 19:
[Simple one paragraph appeal]

Address to: First Appellate Authority, Name of the Department
Subject: First Appeal Under RTI Act
An appeal is hereby made to you to request your good self that all the information
as requested through my RTI applications, bearing reference number and date as
mentioned above, be provided immediately. The information, as provided is
deficient on the following grounds;
• 1. XXXXXXXXXXX
• 2. YYYYYYYYYYYYYYY

Sd/-

If no information is still
received
If not satisfied even after first appeal;

File Second appeal to Information Commission
Check – www.cic.gov.in
Attach your RTI Application (Self attested)
Proof of Payments
Any reply you have received (Self attested)
Index the documents; make proper itemized complaint, stick to the information
sought and that which has not been provided.
If no information is received, file a direct complaint under Section 18
to the Information Commission. No need to file the first appeal in
such cases.

What you can do?

Can you take complete responsibility of 50 yards radius around you?

My Philosophy of Citizens’ Action

Thank You

Questions
&
Comments
Hemant Goswami

How to File RTI Application - Hemant Goswami

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