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Rajnish
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Rajnish
Asked: August 7, 20202020-08-07T18:04:20+05:30 2020-08-07T18:04:20+05:30In: UPSC MAINS

Right to Information (RTI) Act – UPSC

What is RTI Act?

While RTI Act has undoubtedly been the most empowering legislation for citizens, it has misuses too. Elaborate and highlight the provisions of RTI that act against the misuse of RTI.

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    1. Sweety

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      2020-08-07T18:33:20+05:30Added an answer on August 7, 2020 at 6:33 pm

      Right to Information Act (RTI):

      • RTI empowers ordinary citizens to question the government and its working, with a motive to progress in government work, uncover corruption, expenses related information, etc.
      • The citizens can seek from government authorities any information that the government can disclose to Parliament.
      • Details concerning internal security, international affairs, intellectual property rights (IPR), cabinet discussions are excluded from RTI.
      • Any information which can affect India’s sovereignty and independence is excluded from RTI ‘s purview.

       

      Motive of RTI:

      • Enabling people to question their government.
      • The act encourages openness and accountability in the Government’s work.
      • The act also helps to regulate government corruption, and work better for the people.
      • The act helps to create better-informed people who will keep the requisite watch over the functioning of the machinery of government.

      RTI as an empowering provision

      • Every person in India can use this act to find out information that can make their lives better. Every citizen of India has a right to have Information from public authorities.
      • Citizens in every State of India will be able to access information from the Central and State Government, whether or not a separate State right to information law is in place. 
      • Under the provisions of the Act, any citizen of india may request information from a public authority which is required to reply within thirty days. So, it ensures time bound delivery of information. 
      • It ensures transparency by ensuring free flow of information and upholds the rights of citizens. information is power. Free information not only gives powers in the hands of people but also it empowers them.

      Misuses of RTI:

      • Many a times, applications are filed only to harass the officers like seeking details of an officer or beneficiary’s private life. 
      • For example, a teacher could file a number of RTI applications only to harass a headmaster who had suspended him. 
      • Misusing the RTI includes ‘blackmailing’ and no one can stop anyone in doing so, because as per the law there is nothing mentioned in it about denying the information to people. 
      • Sometimes, insignificant and irrelevant questions are asked which may waste the useful time and money of public at large.

      Provisions in RTI to act against its misuse:

      The following items are exempt from disclosure under section 8 of the Act:

      • Which would affect the sovereignty and integrity of India
      • Anything forbade to be published by any court of law or tribunal
      • Which would cause a breach of privilege of Parliament 
      • Information received in confidence from foreign Government
      • Information which would impede the process of investigation or prosecution of offenders

      Any Information which relates to personal information, the disclosure of which has no relationship to any public activity or interest could be exempt from disclosure.

      Apart from these, there is a provision for penalty as well. Section 20 of the RTI Act states that – If any state public information officer has without any reasonable cause refused to receive an application for information or has not furnished information within the time limit specified or denied the request or knowingly given incorrect, or misleading information, it shall impose a penalty of Rs 250 each day till application is received. These provisions in the RTI act would therefore, prevent itself from misuse.

       

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