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Home › Views › Columns › How to file RTI plea (without getting killed)

How to file RTI plea (without getting killed)

Eight activists have paid with their lives in the five years since the act was enacted
Danish Raza | January 25 2011

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danish's picture
Danish Raza
I cover issues related to the Right to Information act for Governance Now.

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Along with the spread of awareness about the Right to Information (RTI) Act, the threat on those using the law to expose corruption has also increased.
 
Every time an RTI applicant seeks information which has the potential to unearth the wrongdoings of influential people, he or she is at risk. In some cases, the threat remains limited to phone calls and in others, it cost the applicant his or her life.

Here are some of the points which, if considered, can reduce this threat level and make the RTI law more meaningful:

1. Disseminate the information: As soon as you receive sensitive information through the RTI Act, spread it among others. More people having the information reduces the threat risk to an individual.

2. Multiple applications on one issue: It is always better if many people file RTI queries asking for the same set of information. If the applicants are geographically spread across the country, it is even better.

3. Target the system, not individuals: If you are able to expose irregularities in the system, the officials involved will be held responsible by default. Before filing the application, try to search for a group of activists/applicants working on the cause which you want to take up. If possible, file the application on behalf of that group.

4 When your receive information from a public authority, intimate the head of that public authority about it.

5. Do not use the act as a blackmailing tool. The objective is of the act is to bring transparency in the government functioning and not to blackmail someone.

6. Be polite while interacting with the public information officers. They are just part of the big system.

7. In case your query is directed to an official or an individual, avoid direct contact with that person.

8. Approach police when you get the first threat call/threat in person.

(These suggestions are based on the views of leading RTI activists across the country)
 

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Comments : 5
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Anonymous's picture
Anonymous (not verified)

Can I ask the PRADHAN (head of village)how much of money is allotted or issued to him and where it has been utilised to develop the village? Please give me proper advice in this matter!

7 months 2 weeks ago
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Cdr Mukesh Saini (Retd)'s picture
Cdr Mukesh Saini (Retd) (not verified)

Good work Danish,

I have move about 160 RTI applications, where in some cases the PIO gave information which directly implicate him in the misdeed, but I got candid reply and at least till date have not been threatened. I stayed focussed in correcting the system and not individuals, despite they have personally harmed me and spoiled my & my children future. Some of the suggestions which come to my mind are:

1) It must be understood that RTI is a means to get information and not the mechanism to fix corrupt. The information gathered under RTI may be used in addition or singly to make next move through courts or administrative actions (such as complaint to the vigilance or concern Department/minister(y)) or expose in media. But RTI itself is no means to take the next step.

2) Therefore the RTI application should not be written in prejudicial manner or with the tone to implicate anyone. It should be simple and straight question.

3) Though as per law there is no need to explain any thing for getting the information but most of the time such information is added in the application especially to establish a bonafied or preempt the abuse of section 8 or 24, as the case may be. Still in such explanation there is no need to be sounding alarming or full of vengeance.

4) There is no need to explain to PIOs as to what action you intend to take after receiving the reply of RTI.

5) Getting information under RTI Act is a right of the citizen but she should not sound arrogant or intimidating. It is always better to maintain the niceties in the RTI correspondence.

6) Remember that government officials are also Indians (though with British mentality) and reached the position of a gazetted officer after lots of hard work & effort thus RTI application should not ridicule the PIOs. Correcting the system is the collective responsibility and as citizen we must contribute to the end cause without being arrogant with new powers given to us by the RTI Act.

My thought may sound pro-government but they are not, instead I am trying to invoke higher cause for a better democratic system and safety & security of RTI applicants.

1 year 3 months ago
  • reply
Anonymous's picture
Anonymous (not verified)

There is one provision in the RTI Act that is mischievious. That the RTI has to be exercised only by individual. This prevents formation of corporate bodies to play activist role.This makes individual vulnerable. With the death of individual activism is killed. But a body corporate can have continued existence. It is time we demand that RTI law be amended suitable.

1 year 3 months ago
  • reply
prasanna's picture
prasanna

Hi,

Sorry for the delayed reply....you are right...RTI can only be exercised by individuals, but we can right RTI applications on the letterhead of the organisation..this is very much allowed...also, as postal address, one can give the address of office/ organisation instead of home...this way, the public authority knows that the individual is associated with a particular organisation....

1 year 2 months ago
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TeamPKR's picture
TeamPKR (not verified)

Danish, thanks. This really was helpful.
8 dead?! And how many convictions for those murders?

1 year 3 months ago
  • reply

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