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Tuesday, November 5, 2024

Right to Information

Posted in: Media laws
Sat, Oct 20, 18, 21:30, 6 Years ago
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This paper is written by "Kajal Kukreja"who is a final year Law student of New Law College, Pune.

This paper is aimed at explaining the "Necessity of Right to Information in Today's World". Under the Right to Information Act, 2005 every citizen has a right to take information in any form. The basic motive of this act is to entitle the citizens or to improve the transparency in the working of the government so that the work done for the citizens must be in a true manner. This act is established to aware the citizens about the activities of the Government. The act prescribes various provisions i.e. who can file an appeal, how the information can be taken etc. This act provides that there is no need to inform about the reason for giving an application. Therefore, any citizen can take information from the government authority by giving an application and in the prescribed period the answer of the said application will be given to him.

Introduction
"Information" is a phrase which is derived from the Latin words ‘FORMATIon' and ‘FORMA' which means when we are giving shape to something and forming a pattern. Every type of information is useful for us whether it is received from any public body or something else. Information can be in any form whether it is in a record, memos, emails, circulars, agenda etc.Every citizen has a right to take and giveinformation. The basic object of this act is to give right to all the citizens and individuals too. Basically this act helps in maintaining the transparency in the work affairs of the Government. Through this step any citizen as well as public bodies can take information about the government activities. This act provides a precious mechanism through which any person i.e. citizen of India can take information for making their lives better than earlier. This act gave consent by Parliament on 15 June, 2005 which came into effect on 12 October, 2005.

The applicability of this act is to the whole of India except Jammu and Kashmir. It generally covers all the aspects i.e. the authorities of the Constitution which includes three organs The Executive, The Legislative. Under the statute it is mentioned that every individual has a right to take information to a certain limit. The citizens can approach the concerned authority for collecting any information but it is not allowed to give any type of irrelevant stress to them. It is allowed to take any type of information but that should not be hindering the privacy of the government. It is a type of tool through which a person can be well aware about all the facts and circumstances.

Under this act the information which is maintained by any public or government authority provides the right for the following:-
Take analysis of documents, records etc.
Take approved copies.
Can acquire information in any form i.e. cd's, videos, floppy disc etc.


 

Constitutional Aspect of The Right To Information

If we talk about the aspect of Constitution then there is an article which is mentioned in it i.e. Article 19 (1) (a) of the Constitution which gives a fundamental right of freedom of speech and expression. It says that every citizen has a right to express his views, thoughts and expression. The basic necessity to entitle this right is knowledge and the information. Sometimes, the person does not have the complete information about any matter which is related to interest of the public at large so because of the absence of complete information usually createrumours, any speculations against any individual or corporation. Therefore, this right is regarded as a constitutional right, which is a feature of the Right of freedom of speech and expression which includes the right to receive and collect information. After all this it will also help the citizens to perform their fundamental duties which are given under 51A of the Constitution. Thus having full information will help the citizen to perform their obligations.
 

Right To Information Is Not Absolute

As no right can be absolute, there are always some restrictions which are imposed on the certain rights. Basically if we talk about the limitations or restrictions it is made for the welfare of the public as well as the public authorities. For example- there are some policies or the actions which are going to be taken by the Ministers so there is no urge to provide the information of such aspects. Therefore, the information is revealedperson to person as well as specific information is provided at a specific time according to the time, need and situation. There are numerous fields in which there is a need of sharing the information at a particular time which are:-
Political field- In the areas of political field, we use the political power over a certain area or country then there is need to use this right as for the sake of leaders and any other members or ministers so that the party do not share the absolute information and this will lead to wrong contribution of votes which turn party to either on wrong path or best way.

War field- When we talk about the war field there should be some secrecy to be maintained of a particular nation so that the counter nation does not make any ambiguous plan to destroy the nation. But if the information which is shared can give better results also.

Business field- If we talk about business field then we can say every businessman has a right to impart the information regarding his business.In any type of business there is a need to set out the profit or how to expertise the information of their business is necessary.
 

Need For Right To Information

Basically if we take the concept of right of freedom of speech and expression is a right which includes to gain information and to spread in the general public. It gives ability to the general public so that they can participate in the discussions of moral and social issues. It is the suitable way from where we can find out the real aspect. Therefore it is the only way in which the various ideas can be circulated through this medium.

Earlier in the rural areas the people cannot share their problems to the concerned authority whereas in the present scenario, as we see the Right to Information is reaching the rural areas with villages as well. Therefore, the people of the villages can also use this right to solve any problem of them. We can take the one such example of this right i.e. SIDHAKAHNA JOT KEHAV VILLAGE in BAHRACH District of UTTAR PRADESH. Now RTI is just a way to empowering the villages and it becomes a lifeline in rural areas.

The biggest development which is done in "BIHAR" which has set a tremendous example of this right i.e. it created a dedicated phone line for RTI through which the individuals by doing a convenient call can get resolved their problems. Now, if any person seeks for the information through the public authority so he can do by a phone call which will be easier for the illiterate villagers as well. The act is urgently made to create a positive change in the backward areas like Eastern UP, Bihar, Jharkhand and Madhya Pradesh, Assam and Maharashtra .Though the villages are less aware about the acts which are made by the authority yet there are some villages where RTI is being used. In the areas of Karnataka, UP and Maharashtra they are aware about the act and they are use it very nicely. In fact slum areas of Mumbai have very high level of awareness about the fact.
 

Influence of Right To Information Through Judicial Analysis

There is need of Right to Information in all the sectors of the country and this right got a judicial part in the constitution through some landmark judgments of the Indian Courts. There are various case laws in which right to know is defined which are described below:-
U.P. V. Raj. Narain [Air 1975 SC 865][1] – In this case according to Attorney General Soli Sarabjee in 1982 the right to get information got the status of a Constitutional Right and it is also celebrated in the case of S.P. Gupta V. Union of India which is popularly known as the judges case.
S.P. Gupta V. Union of India [Air 1982 SC 149][2] – HereIn this case again the claim of a particular benefit is taken before the court by the government of India for the revealing the facts of the certain documents. Then the Supreme Court by guarantee of freedom of speech and expression declares both the right to know and the information as a fundamental right. The Court in his views said that now a day's right to know becomes an important part for everyone whether he is a rich person or a poor.
 

Right To Information In Other Countries

In the recent years many of the countries passed laws for the Right to Information i.e. Canada, Australia, New Zealand, and USA. If we talk about US there is a"Freedom of Information Act" which empowers receptiveness in the affairs of the administration so that the general public can acquire information about various issues such as how the public funds be utilised. Now it is passed in the developed countries whereas the identical laws are passed in the developing country. The new Constitution of South Africa precisely mentions the Right to Information in the Bills of Its Rights.In Malaysia it serves a system which is based on the online data which is basically known as the link of civil services and the person can get information from the public authority. Though since 1810, Sweden has been relishing the right of information. The freedom of Information act was passed in the year 1982 in Australia. on the other hand there are various laws which provide some protection for different aspects of personal information i.e. Data Information Act, 1984, The Access to Personal File Act, The Access to Medical Reports Act, 1988 and the last one The Consumer Credit Act, 1974 and many more.

It can be said that there is urge to use this right to information in every country for better coordination and for everyone to show their grievances and problems as many times there can be seen that many people felt their problems don't reach to their proper solution and they always get negative results.

Conclusion
Through this article I would like to conclude that Right to Information is very helpful for all the people as all have the right of right to know about the facts. These acts provide us to take the knowledge from the public authorities in a good faith. As if we take the example of citizens this act aware of their one of the constitutional rights i.e. Right to Information and this act gives them the opportunity to use this right with a bonafide intention. According to me, Right to Information should be available to all the people whether he is a poor and whether he is a rich person. It will help the poor people a lot so that in any problem they can use these rights in the urban areas as well as in the rural areas. After getting the information from such concerned authority the citizens can improve their lives than before. However, the certain limitations are imposed in this act which is an integral part of maintaining the secrecy through the public officials.

Right to information is a basic right because we all have a right to get information as now it is become our fundamental right which is said by the court in the case of S.P. Jain V. Union of India. In this case the court declares the right to know is a fundamental right.

Thanks to the legislation, because from this act citizens can seek information within 30 days and they can take information about the application of ration card application or the money spent on lighting a bridge outside his home.

"As A Citizen, I Have The Right To Take Information Which Is Available Under The Indian Constitution"

End-Notes
[1] U.P. vs. Raj Narain AIR 1975 SC 865
[2] S.P. Gupta vs. Union of India AIR1982 SC 149

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