India

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  • 28 June 2017

    India: Study Sees Regressive Court Interpretations of the RTI Act

    This summary is from a 321-page study of the orders pertaining to the Right to Information Act issued by the Supreme Court of India, various high courts and information commissions. Now published as a book, “Tilting the Balance of Power Adjudicating the RTI Act for the Oppressed and the Marginalised,” was coordinated by Amrita Johri, Anjali […]

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  • 24 May 2017

    Frustrated by India’s Broken RTI Portal

    By Sanjeev Singh The author describes himself as: “Experienced IT Leader, Engineering Graduate, Blogger, Patriot, Vocal and fight for social cause.” His article first appeared in his blog and was reprinted in The Patna Daily. Reprinted here with permission. RTI was not gifted by any political party or any government in India. In fact, majority […]

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News Archive

  • 6 April 2017

    India Offers New RTI Rules; Critics Oppose Death Clause

    Proposed revisions to the 2012 rules governing India’s Right to Information Act are drawing criticisms mixed with some praise. One provision under attack would mandate terminate requests in case of death of an applicant. Also raising eyebrows are provisions that would increase procedural hurdles for appeals and a clause that would prescribe fees for providing […]

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  • 6 April 2017

    India: New Draft RTI Rules Analyzed

    By Venkatesh Nayak The author is Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi. The New RTI draft rules are inspired by a largely citizen-unfriendly and overtly bureaucratic approach. The dangerous inclusion of an amendment that seeks to allow the withdrawal and abatement of appeals on either a written request or the […]

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  • 23 March 2017

    RTI Trends in India for 2015-16

    A preliminary analysis prepared by the Commonwealth Human Rights Initiative. The Central Information Commission in India has published the Annual Report for 2015-16 regarding the implementation of The Right to Information Act, 2005 (RTI Act). This Annual Report (AR) may be accessed on its website. 1) During the reporting year 2015-16 9.76 lakh RTI applications were said to have been received by […]

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  • 23 March 2017

    Eight Years of RTI in Jammu & Kashmir

    By Er Irfan Banka The author is chairman of the RTI foundation. This article appeared first in Kashmir Life. On March 20, 2017, the Jammu & Kashmir Right to Information Act 2009 completes its eighth year of enactment. 20th of March 2017 is hence being celebrated as RTI Day by the stakeholders of RTI particularly the RTI […]

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  • 7 July 2016

    Indian Government Orders More Proactive Disclosure

    Frequently requested information must be disclosed to the public and “transparency audits” should be conducted by advisory committees, according to a new order from India’s Department of Personnel and Training. The order does not dictate the mode of disclosure, by another section of the order says departments may set up “Information and Facilitation Centres” (IFCs) […]

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  • 6 June 2016

    The Geospatial Information Bill in India Criticized

    By Debaditvo Sinha The author is Senior Research Fellow with the Public Health and Environmental Justice Initiative at the Vidhi Centre for Legal Policy. This article appeared June 3 on Scroll.in and is reprinted with permission. Original headline: “The Geospatial Information Bill will deal a body blow to environmental democracy in India.” The draft Geospatial Information Regulation […]

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  • 18 May 2016

    India: Evidence Rebuts Attacks on RTI 

    By Anjali Bhardwaj and Amrita Johri The writers are members of the National Campaign for People’s Right to Information. Their article first appeared May 16 in The Indian Express with the subtitle, “MPs must not run down a law that promises a more informed citizenry.” The Right to Information (RTI) Act has undoubtedly been a […]

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  • 28 April 2016

    When right to information helps the wrong people

    By Shailesh Ghandi This author is a former Indian information commissioner. This commentary was originally published in The Times of India. Recently, a newspaper reported that an information commissioner of the Tamil Nadu State Information Commission (TNSIC) had likened RTI applications to frivolous public interest litigation. TNSIC officials feel that of late, they have been […]

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  • 13 April 2016

    Right to Information and Blackmailing

    By Er Irfan Ali Banka The author was working as Junior Engineer (Civil) for the Indian state of Jammu and Kashmir “but felt it necessary to resign on 29th of January, 2016, because of huge corruption in the departments.” I work as a Social/RTI Activist. I am Founder & Secretary, In-Minds Society (J&K) and also District Coordinator, […]

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  • 24 March 2016

    J&K Government Failing to Implement RTI Act Effectively

    By Er Irfan Ali Banka The author was working as Junior Engineer (Civil) in J&K REW, Govt. of J&K “but felt it necessary to resign on 29th of January, 2016, because of huge corruption in the departments.” I work as a Social/RTI Activist. I am Founder & Secretary, In-Minds Society (J&K) and also District Coordinator, J&K […]

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  • 23 March 2016

    Speakers at SE Asian Meeting Urge Publicizing RTI

    Representatives from five South Asia countries held a regional conference on right to information on March 16-17, stressing the need to encourage greater use of RTI laws, according to an article in The Daily Times and another in The Tribune. Delegates from Pakistan, India, Sri Lanka, Bangladesh and Nepal met at a conference sponsored by […]

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  • 16 March 2016

    India’s CIC Says Ministers Covered by RTI Act  

    India’s Central Information Commission ruled March 13 that ministers are public authorities subject to the Right to Information Act and should take an oath of transparency. The commission gave the cabinet secretary and chief secretaries in the states two months to appoint public information officers for each minister’s office. Also, the CIC said each minister […]

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  • 10 March 2016

    Indian Activists Question Circulation of Rules as Model

    The Indian agency that supervises right to information administration has circulated for discussion the RTI Act rules of the state of Uttar Pradesh, according to The Economic Times. RTI activists say that that the UP rules are worse than those of other states and worried that they might be considered as a model for national […]

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  • 24 February 2016

    Three Appointments Bring Indian CIC to Full Strength

    Indian Prime Minister Narendra Modi has appointed three retired civil servants to the Central Information Commission. The three have “spent decades perfecting the art of secrecy,” according to a skeptical article in The Hindustan Times by Aloke Tikku. The appointments will bring a full complement of members to the commission for the first time 2005, […]

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  • 22 December 2015

    Former Defense Official Picked to Lead Indian Information Commission

    Former Indian Defense Secretary Radha Krishna Mathur is the government’s choice to be the next Chief Information Commissioner. Mathur’s selection is a departure from the convention of appointing the most senior Information Commissioner (IC) as the chief commissioner, noted news reports such as one in The Indian Express. It is the first time anyone besides […]

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  • 16 December 2015

    RTI Activists Request Appointment of CIC Chief

    Indian right to information activists have written Prime Minister Shri Narendra Modi urging him to fill the now vacant post of the Chief of the Central Information Commission. The latest Chief Information Commissioner, Vijai Sharma, retired on Dec. 2 after a six month tenure. “This is the second time this year that the post of […]

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  • 1 December 2015

    Indian Commissioners Seek to Limit Vexatious Requests

    The Indian Central Information Commission and the state information commissions are proposing to amend the Right to Information Act to prevent vexatious and frivolous applications. The recommendation came from the National Federation of Information Commissions, a body headed by the chief of CIC, according to an article in the Economic Times.  “We have had talks […]

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  • 23 November 2015

    Ten Years of RTI in India: A New Breed of Activism and Citizenship

    By Aruna Roy and Nikhil Dey Roy and Dey are social activists and members of the Mazdoor Kisan Shakti Sangathan and the National Campaign for People’s Right to Information. This article first appeared in The Hindu and is reprinted with permission. The Right to Information (RTI) Act has completed 10 years of implementation. According to […]

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  • 21 October 2015

    Indian PM Modi Pledges Timely, Trouble-Free RTI

    Indian Prime Minister Narendra Modi Oct. 16 said the right to information process should follow a “3-T” mantra of being timely, transparent and trouble-free. Speaking at the 10th annual Convention of Central Information Commission, Modi supported providing more information “proactively.” Modi said democracy will be strengthened the faster “we move towards transparency,” the stronger will be […]

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  • 15 October 2015

    Controversies Cloud India’s RTI Act 10 Year Anniversary

    Last week he said he couldn’t make it, but this week Indian Prime Minister Narendra Modi said he would attend a national conference commemorating the 10th anniversary of the 2005 Right to Information Act. And that (see NDTV report) wasn’t the only controversy surrounding the annual RTI conference sponsored by the Central Information Commission. Some RTI activists are boycotting […]

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  • 8 October 2015

    India Issues Guidance on RTI Replies and Best Practices

    By Venkatesh Nayak The author is Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative. The Department of Personnel and Training (DoPT) – the nodal department for implementing The Right to Information Act, 2005 (RTI Act) in the Government of India has uploaded two important documents on its website. The DoPT has issued reasonably detailed […]

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  • 27 August 2015

    Indian Government Opposes Putting Parties Under RTI Act

    The Indian government has told the Supreme Court that political parties should not be covered by the Right to Information Act, as decreed by the Central Information Commission. The Department of Personnel and Training (DoPT) submitted an affidavit saying the CIC erroneously ruled in June 2013 that political parties are public authorities under the RTI […]

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  • 29 July 2015

    India: How we fail our RTI heroes

    By Manu Moudgil This article, reprinted with permission, first appeared July 20 in The Hoot, an independent initiative of the Media Foundation based in New Delhi. Another recent Hoot story, by Geeta Seshu, also addressed the issue and possible solutions. The Indian government recently announced plans to gather more statistics on the deaths of RTI activists. (See previous FreedomInfo.org […]

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  • 29 July 2015

    India: Tardy working of info panels

    By Anjali Bhardwaj and Amrita Johri The writers are RTI activists and members of the National Campaign for Peoples’ Right to Information, New Delhi. This article first appeared in The Deccan Herald July 27 and is reprinted with permission. Under the RTI Act, independent Information Commissions (ICs) have been set up at the Centre and […]

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  • 16 July 2015

    India Looks to Encourage More Proactive Disclosure

    The Indian government is pressing agencies to proactively release more of the information repeatedly sought by requesters under the Right to Information Act. The government has asked all departments to do an analysis of information sought often by applicants and suo-motu make such details public, according to media reports such as an article in The New Indian […]

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  • 9 July 2015

    Indians File 4.5 RTI Requests Annually, Study Estimates

    Indians filed more that 4.5 million right to information requests annually in recent years, according to a major nationwide study by the Commonwealth Human Rights Initiative. The report digs deep into frequently incomplete data from national and state information commissions. CHRI makes 30 recommendations, mainly focused on the administration of the act and recordkeeping. In […]

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  • 8 July 2015

    Indian Court Seeks Answers From Political Parties

    The Indian Supreme Court July 6 asked all six national political parties to explain why they should not be covered by the Right to Information Act, as determined by the Central Information Commission, according to media reports such as one in The Hindu. The order by Chief Justice H.L. Dattu came following a plea by […]

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  • 25 June 2015

    New Commissioner Plans Steps to Cut India’s Backlog

    Vijai Sharma, India’s new Chief Information Commissioner, says he plans mass hearings, consolidating cases and alternative dispute resolution mechanisms to reduce the backlog of 40,000 pending cases. Sharma made his comments in an interview with Nidhi Sharma of The Economic Times published June 19. “Some experimentation will have to be done,” he said, “Some new […]

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  • 25 June 2015

    Book Review: Sharma Writes History of Indian RTI Act

    By Gaia von Hatzfeldt The author obtained her PhD in social anthropology from the University of Edinburgh, where she did research on anti-corruption social movements in India. Sharma, Prashant (2015). Democracy and Transparency in the Indian State: The making of the Right to Information Act. Routledge: Abingdon (225 pages). Access to information around the world […]

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  • 17 June 2015

    New Indian CIC Chair to Fight Vexatious Requests

    The new chairman of the Central Information Commission, Vijai Sharma, has said that fighting the backlog of cases and vexatious requests is his top priority, according to an article in The Hindu. “[What we need to check] is genuine applications getting crowded out by applications which some may prescribe as vexatious or frivolous. This is […]

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  • 9 June 2015

    Indian Government Names Singh as CIC Chairman

    The Modi government June 8 appointed Information Commissioner Vijai Singh as the Chief Information Commissioner, ending a nine-month leadership vacancy at the Central Information Commission. The appointments to CIC are for five years or until the age of 65 years, whichever is earlier. Sharma, a who has been serving as an information commissioner since 2012, […]

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  • 3 June 2015

    Sharma Picked to Head Indian Info Commission

    India’s most senior incumbent information commissioner, Vijai Sharma, has been chosen to be the new Chief Information Commissioner, according to media reports. A formal announcement has not taken place, but Sharma’s apparent selection came at a meeting of Prime Minister Narendra Modi had June 1 with the leader of the largest opposition party in the Lok […]

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  • 21 May 2015

    RTI and the Indian Official Secrets Act

    By Venkatesh Nayak The author is Coordinator of the Access to Information Programme at the Commonwealth Human Rights Initiative. This post first appeared May 15 in The Hoot. Last week, upon being requested by a section of the family of the leader of the Indian movement for independence, Netaji Subhash Chandra Bose, to make the […]

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  • 12 May 2015

    The RTI Act-Present Status

    By Shailesh Ghandhi The author is a right to information activist and a former commissioner of the Indian Central Information Commission. This statement was issued May 11. The RTI Act has caught the imagination of people and the way it has spread is being appreciated and admired around the world. A great change has come […]

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  • 7 May 2015

    Opposition Party Slams Modi Government on CIC Vacancy

    Congress Party President Sonia Gandhi has attacked Prime Minister Narendra Modi for his “blatant U-turn” on the issue of transparency, according to news reports such as one in the Economic Times and another in the Hindustan Times. She said May 6 in Parliament that Modi’s government is “deliberately” not filling the post of Chief Information […]

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  • 2 April 2015

    Slower Growth Rate Seen in Indian RTI Requests

    The rate of growth in the number of Right to Information Act requests filed in India is slowing, according to the preliminary findings by the Commonwealth Human Rights Initiative (CHRI). “So the question to ask is whether RTI fatigue is setting in or will the numbers go up considerably if all public authorities were to report their […]

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  • 25 March 2015

    Indian Group Criticizes CIC Selection Process

    The National Campaign for People’s Right to Information (NCPRI) has complained about delays in the selection of a new chief information commissioner and the secrecy of the process. The post has been vacant for seven months since Aug. 22, 2014. Activists Aruna Roy, Anjali Bhardwaj, Nikhil Dey and the Former CIC Wajahat Habibullah addressed a […]

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  • 25 March 2015

    RTI Law in Indian State Not Implemented, Critics Say

    The six-year old right to information law in the Indian state of Jammu & Kashmir is not being fully implemented, according to reports on the anniversary of the law. “Six years since the landmark legislation Right to Information Act was implemented in the state, the government itself has failed to adhere to the guidelines of […]

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  • 17 March 2015

    CIC Concedes Defeat in Political Parties Case

    India’s Central Information Commission on March 16 said it can’t enforce its 2013 order that the six major political parties are subject to the Right to Information Act. A three commissioner panel concluded the CIC could not impose penalties or compensatory damages on the parties, or otherwise compel compliance with a decision it defended as still […]

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  • 5 March 2015

    Only Quarter of Indian Bodies Making Mandatory Disclosures

    Only about one quarter of Indian public authorities are posting online information required to be made public under the Right to Information Act, according to the Central Information Commission annual report (text not yet posted on CIC website). Of the 2,276 public authorities, 667 are complying with the mandatory suo-motu (Latin for “on its own […]

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  • 5 February 2015

    RTI Complaints Not Allowed Under Indian Consumer Law

    India’s national consumer commission has ruled that an dissatisfied right to information applicant may not seek recourse through  the Consumer Protection Act, according to the ruling and an article in The Hindustan Times. Sanjay Kumar Mishra of Panchkula had filed a petition challenging the orders of a state RTI commission, claiming to be a consumer […]

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  • 15 January 2015

    India May Permit Stamps to Be Used for RTI Payments

    The Indian Department of Personnel and Training (DoPT) has invited comment on the idea of letting requesters use postage stamps to pay for the costs of seeking information under the Right to Information Act. The department which administers the act also has set up a committee to discuss the proposal. Comments are due  by Feb. […]

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  • 15 January 2015

    Indian Panel Moving to Select Next Chief Commissioner

    The Indian government is moving to choose a new Central Chief Information Commissioner, a post vacant for almost five months. A search committee created by the Department of Personnel & Training (DoPT) has received more than 200 responses to an advertisement. All seven serving information commissioners have applied, as have many current and former high-level […]

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  • 8 January 2015

    Indian Commission Considers Penalties in Political Case

    The Indian Central Information Commission has taken a preliminary step to deal with six political parties refusing to obey its order to comply with the right to information law, and a bigger decision is pending. The CIC on Jan. 4 told the Urban Development Ministry to make public all records of land and bungalows allotted […]

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  • 8 January 2015

    Indian RTI Applicant Arrested For Not Standing at Hearing

    An information commissioner in the Indian state of Tamil Nado had RTI activist Siva Elango arrested after he refused to stand while appearing at a commission hearing. Elango was appealing a decision when chief information commissioner K.S. Sripathi insisted that he stand when replying to his questions. Elango replied that there was no rule preventing […]

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  • 1 January 2015

    2014: A Year of Attempts to Strangle the RTI

    By Vinita Deshmukh The author is a prize-winning journalist, a consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. The article was published Dec. 31 in Moneylife. Strapline: Political parties defying summons by CIC, a headless information commission and much more meant a low year for this otherwise strong […]

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  • 12 November 2014

    Indian CIC Schedules Hearing On Nov. 21 for Political Parties

    The Indian Central Information Commission has scheduled a Nov. 21 hearing on non-compliance by six political parties withy a June 3, 2013, order bringing them under the purview of Right to Information Act. The commission has asked the parties to appear before it and produce all relevant documents. One such order was issued Feb. 7. […]

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  • 30 October 2014

    Indian Order Sparks Debate on Disclosing Requester Info

    The recent decision by the Indian government to post online the replies to right to information requests is generating debate over whether requester names should be disclosed. The instruction from the Department of Personnel and Training (DoPT) in an Oct. 21 memorandum did not directly address the disclosure of names issue, but those familiar with […]

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  • 23 October 2014

    Indian Ministries Told to Post Replies Online by Oct. 31

    All Indian government agencies have been told to post online their replies to Right to Information Act requests by the end of the month. The ministry overseeing the administration of the Indian RTI Act on Oct. 21 announced a new website feature that will allow placement of replies on the RTI Online system. Agencies were […]

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  • 16 October 2014

    Report Paints Bleak Picture of Indian RTI Law at 10th Year

    A comprehensive and scathing report on the Indian Right to Information documents extensive weaknesses in the system and makes major recommendations for reform. The 150-page examination provides a detailed picture of dysfunction, including “huge” backlogs, an ineffectual appeals process, lack of compliance with orders and penalty awards, and weak records management. The research provides many […]

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  • 1 October 2014

    Indian Court Reverses Ruling on Requester Justifications

    The Madras High Court in India has reversed its ruling that justifications must be supplied for requests, saying that it had overlooked a contrary provision in the law. The Sept. 23 reversal deleted two paragraphs from its Sept. 17 ruling. (See previous Freedominfo.org report.) The court said:         2. In the said […]

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  • 25 September 2014

    Indian Court in Madras Says Requests Must By Justified

    The Madras High Court in India has ruled that applicants must give reasons for seeking information under the right to information act. The judgment was delivered by Justices N Paul Vasanthakumar and K Ravichandrababu while hearing a challenge to the Central Information Commission direction to the High Court to provide certain information, according to news articles […]

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  • 16 September 2014

    New India Government Disappoints on Transparency

    By Anjali Bhardwaj and Amrita Johri The writers are social activists working on issues of transparency and accountability in governance. This commentary first appeared Sept. 12 in Indian Express. Achhe din, meaning good days, are coming was the slogan of Bharatiya Janata Party (BJP) in the 2014 Indian general election, coined by BJP’s Prime Ministerial […]

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  • 4 September 2014

    Indian Group Asks Modi to Appoint Chief Commissioner

    The National Campaign for Peoples’ Right to Information (NCPRI) has called for an end to the delay in appointing a new chief information commissioner. The new government of Prime Minister Narendra Modi has postponed a decision “ostensibly because of the deadlock over leader of opposition in the Lok Sabha,” a letter to Modi notes, going […]

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  • 14 August 2014

    Indian CIC Backs Disclosure of Whistleblower Complaints

    India’s Central Information Commission (CIC) has supported the release of information about whistleblowers’ allegations, The decision came in a case in which Venkatesh Nayak of the Commonwealth Human Rights Initiative asked the Central Vigilance Commission (CVC) for details of complaints against government servants received under the Public Interest Disclosure and Protection of Informers (PIDPI) Resolution, also […]

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  • 7 August 2014

    Indian Water Resources Body Denies Access to Material

    The Water Resources Department in the Indian state of Kerala has ordered that documents and information related to inter-state water issues not be disclosed under the Right to Information Act, according to an article in the Deccan Chronicle and another in the Hindu. A July 22 departmental order cites Section 8 of the RTI Act. […]

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  • 31 July 2014

    Indian State Commissioner Imposes Fines on 4 Officials

    A state information commissioner in Andhra Pradesh is pushing for officials to comply with the Right to Information Act and imposing fines. Commissioner P Vijaya Babu at a press conference July 28 said he has asked the chief secretary of Andhra Pradesh to require that officials respond to the applications, according to a report in […]

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  • 19 July 2014

    Indian CIC Decides to Give Priority to Senior Citizens

    The Indian Central Information Commission has decided to give priority to senior citizens for the resolution of pending right to information cases. The decision made in June was recently reported by Economic Times, without many details. The CIC website does not elaborate. Cases of senior citizens — defined as those being 65 on the date […]

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  • 7 July 2014

    Study Details Weaknesses in Indian RTI Implementation

    Tens of thousands of right to information appeals are pending in India, according to a comprehensive study published by the Commonwealth Human Rights Initiative. More than 66,000 appeals and complaints cases were pending in the only six information commissions where data was available. The Central Information Commission had a total of 21,946 appeals and complaints […]

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  • 27 June 2014

    Kashmir Commissioner Urges Assembly to Follow RTI Law

    Jammu and Kashmir’s Chief Information Commissioner G R Sufi has complained that the Legislative Assembly  is not following the Right to Information Act, according to a report by a newspaper. The Assembnly has not created a website to make required proactive disclosures, according to a June 8 article in Greater Kashmir by Dr Raja Muzzafar […]

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  • 20 June 2014

    Indian CIC Extends RTI to Cover Private Schools

    India’s Central Information Commission has ruled that the Right to Information Act applies to private schools. The CIC decided that RTI coverage is justified when private schools are governed by laws such as the Delhi Education Act that regulate the schools, including their salaries. The requester was a former school employee. The short decision, Ms. Sadhana Dixit Vs. Directorate […]

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  • 13 June 2014

    The diminution of RTI Act in Kashmir into ‘Right to Deny Information’ Act

    By Irfan Mehraj Mehraj is a staff writer for Authint Mail, where this article was published June 10. Faizan Hassan Khan is a young engineer whose search for truth has led him nowhere. For the last nine years, he has been fighting a lone battle against the University of Kashmir to know the circumstances that […]

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  • 5 June 2014

    Public Private Partnership Project documents becoming public in India

    By Venkatesh Nayak Nayak is Programme Coordinator of the Access to Information Programme at the Commonwealth Human Rights Initiative The National Highway Authority of India (NHAI) has taken the progressive step of uploading concession agreements and progress reports about the Pubic Private Partnership projects (PPPs) under its jurisdiction through the Internet. The links to project […]

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  • 16 May 2014

    FOI Notes: RTI Movie in India, and some other stuff

    RTI the Movie: A movie, Angusam, with an RTI theme by a director using one name, Manukannan, has come out in India. One review says that “the seriousness of the issue gets diluted, what with the narration being jumpy and inconsistent, and the screenplay layered with romance, songs and sentiment.” A plot description says: Shiva […]

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  • 16 May 2014

    Report Backs RTI Exemption for India’s National Banks

    The “fragile” condition of India’s public sector banks requires urgent action, according to a new report, including an exemption from the right to information act. The 90-page report by a high-level committee includes numerous recommendations, such as lowering of the government’s holding in the several dozen banks to below 50 percent. The banks face a […]

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  • 29 April 2014

    Going for a World Record in India

    By Venkatesh Nayak Nayak is Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative. Last year when the Central Government threatened to amend the Right to Information Act, 2005 (RTI Act) to keep all political parties out of its ambit completely, many of you joined a nationwide signature campaigns to oppose the move. Thankfully, this […]

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  • 12 February 2014

    CIC Orders Six Parties to Comply With RTI Act

    India’s Central Information Commission Feb. 7 asked the six national parties to explain what they have done to fulfill a June 2013 CIC for them to comply with the Right to Information Act. The Commission asked the parties to provide details of their actions within four weeks, according to media reports such as one in […]

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  • 18 December 2013

    Indian Panel Advances Bill to Exempt Political Parties

    A committee of the Indian Parliament Dec. 17 recommended that political parties be exempted from the Right to Information Act. One member dissented as the six major political parties followed through on their plans to overturn the June ruling of the Central Information Commission (CIC) that political parties are covered by the RTI act as “public […]

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  • 14 October 2013

    Eighth Anniversary Prompts Reflections on Indian RTI Act

    The eighth anniversary of India’s Right to Information Act was observed with a mixture of frustration and celebration. Unquestionably, the 2005 sunshine law is being used, with an estimated 4 million people using the Act during 2011-12, the latest year for which all-India data is available, according to a report by the Commonwealth Human Rights […]

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  • 8 October 2013

    Indian Supreme Court Rules in Case Impacting RTI

    The Indian Supreme Court ruled Oct. 3 in case that may have implications for which nongovernmental organizations are “substantially financed’ by public funds and are thus covered by the Right to Information Act, Although analysts are just beginning to sort through the ruling, there are indications it might reduce coverage of the RTI Act and […]

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  • 16 September 2013

    Court Nullifies Appointment of Four AP Commissioners

    An Indian High Court Sept. 15 voided the appointment of four information commissioners in the Indian state of Andhra Pradesh. Chief Justice Kalyan Jyothi Sen Gupta and Justice K.C. Bhanu ruled in a case filed by civil society activists K. Padmanabhaiah, Rao, V.B.J. Chelikani and N. Padmanabha Reddy. The petitioners challenged the appointment Feb. 6 […]

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  • 5 September 2013

    Indian Court Reverses Qualifications Decision

    The Indian Supreme Court Sept. 3 retracted most of its controversial ruling seeking to dictate the qualifications for membership on information commissions. The court had ruled that only retired judges or those having legal training could be appointed as information commissioners at the Central Information Commission and at the state level. Justices A.K. Patnaik and […]

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  • 5 September 2013

    Indian RTI Amendments Referred to Committee

    Legislation to exempt the political parties from coverage under the Indian Right to Information Act on Sept. 5 referred to a parliamentary standing committee for further consideration.   “The government has decided that there should be more discussion on this Bill. We will bring this Bill in Parliament in the Winter Session,” said V Narayanasamy, […]

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  • 27 August 2013

    Indian Parliamentary Panel to Review RTI Amendment

    A committee of the Indian Parliament will review proposed amendments to exempt political parties from the Right to Information Act. Getting committee consideration was a key demand of opponents of the bill, which is supported by all the major parties. “I have written to Speaker Lok Sabha (Meira Kumar) to refer the RTI Bill to […]

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  • 27 August 2013

    India Expands Scope of Online Request Portal

    India on Aug. 21 made possible the online filing of right to information requests in applications in all central ministries and departments. Previously the rtionline.gov.in portal was available only for 40 ministries, departments and commissions. The government launched the portal earlier this year. “The portal will now be open to entertain questions under the RTI Act […]

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  • 13 August 2013

    Indian Government Offers Bill to Exempt Parties from RTI

    Legislation was introduced Aug. 12 in the Indian lower house of parliament (Lok Sabha) by the United Progressive Alliance to exempt political parties from the Right to Information Act. The bill would a June 3, 2013, order of the Central Information Commission deeming India’s six national political parties to be “public authorities” under the RTI […]

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  • 2 August 2013

    Indian Cabinet Approves Bill to Exempt Parties from RTI

    The Indian Cabinet Aug. 1 approved proposed amendments to the Right to Information Act to nullify an order of the Central Information Commission making the six national political parties subject to the RTI law. The draft amendments are expected to be introduced in the monsoon session of Parliament beginning on Aug. 5. The consensus among […]

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  • 31 July 2013

    Colonial Mindset Visible in RTI Responses

    By Raja Muzaffar Bhat The author is an RTI / Social activist and the founder of J&K RTI movement. Reach him at muzaffar.rti@gmail.com.  This article was originally published July 30 in Greater Kashmir. Background From the last nearly eight years I have been drafting applications under Right to Information Act (RTI) to seek information  from different […]

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  • 29 July 2013

    Indian Committee Says RTI Should Cover Cricket Board

    A special Indian committee constituted by the government has recommended that the Board of Control for Cricket in India (BCCI) should be covered by the Right to Information Act if it wants to field the “Indian” cricket team. Retired Justice Mukul Mudgal, the chairman of a committee constituted to draft the Sports Development Bill 2013, […]

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  • 26 July 2013

    Court Blocks CIC Hearing About Indian Cricket Board

    A court order caused the Indian Central Information Commission to cancel a July 25 hearing on whether the Board of Control for Cricket in India should be declared a public authority subject to the Right to Information Act. The Madras High Court issued the order, according to a report by NDTV and another by ESPN. […]

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  • 24 July 2013

    Indian RTI Supporters Object to Planned Amendments

    A group of eminent citizens has objected to plans by the six major political parties to pass legislation exempting themselves from the Right to Information Act. A joint letter noted that the parties have not gone to court to challenge the June order of the Central Information Commission, but instead are making plans for a […]

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  • 24 July 2013

    Indian RTI activist Ends Hunger Strike in Goa

    Indian RTI activist Rajan Ghate on July 22 ended his six day hunger strike following assurances from Goa Chief Minister Manohar Parrikar over the appointment of state information commissioners. Ghate started his strike to demand that the state government appoint a Chief Information Commissioner as well as State Information Commissioners, posts unfilled for more than […]

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  • 19 July 2013

    Indian Activist on Hunger Strike in State of Goa

    An Indian right to information activist, Rajan Ghate, began a hunger strike July 16 to protest the failure to appoint a chief information commissioner and other commissioners in the state of Goa. Ghate received support July 18 from Vivek Velankar, a Maharashtra RTI activist, who visited him at Azad Maidan, according to an article in […]

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  • 16 July 2013

    Deadline Passes, Indian Parties Resist Compliance

    July 15 was the deadline for six Indian political parties to appoint information officers and begin complying with the right to information, but they have not, according to Indian newspapers. The Central Information Commissioner on June 3 gave the parties six-weeks to act, but since then most of the parties have supported the idea of legislation to […]

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  • 12 July 2013

    Indian Sports Ministry Seeks to Bring Cricket Under RTI

    The Indian Sports Ministry has launched a new effort to bring the Indian cricket board (BCCI) under the Right to Information Act. The ministry’s new draft National Sports Bill says only those federations coming under RTI can represent India in international competitions. A panel headed by retired judge Mukul Mudgal drafted the bill. The BCCI, […]

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  • 10 July 2013

    Indian Gov’t Still Planning to Overturn CIC Order

    Instead of filing a court appeal, the Indian government is continuing to consider at a legislative way to overturn a June 3 Central Information Commission ruling making political parties subject to the right to information law, Indian papers continue to report. “Highly-placed sources in the Law Ministry today said that the CIC order would not be challenged by […]

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  • 10 July 2013

    Indian CIC Rejects Request by Death Row Inmate

    The Indian Central Information Commission has held that the Constitution prohibits releasing to a death row convict the reasons for denial of his mercy request. A.G. Perarivalan, a death row convict in the 1991 Rajiv Gandhi assassination case, requested the advice tendered by the Council of Ministers to the president, according to an article in […]

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  • 1 July 2013

    Indian Parties May Seek Exemption From RTI Act

    The leading political parties of India reportedly have agreed to support an amendment that would exempt them from coverage under the right to information law. The political parties appear unified in their desire to overturn a controversial early June ruling by the Central Information Commission bringing them under the purview of the RTI Act. (See […]

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  • 7 June 2013

    Most Indian Parties Upset Over RTI Purview Ruling

    Most Indian political parties have reacted negatively to the Central Information Commission ruling bringing them under the right to information law. Expecting an appeal, one of the two plaintiffs, the Association for Democratic Reforms, June 5 filed in the Delhi High Court to preempt any stay of the CIC order without an opportunity to be […]

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  • 3 June 2013

    Indian CIC Says Political Parties Covered by RTI Law

    India’s Central Information Commission June 3 ruled that political parties are covered by the Right to Information law. The Commission in a 54-page decision said the six national parties receive substantial indirect funding from the central government and perform public functions, thus making them public authorities under the law. Unless overturned by a court, the […]

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  • 16 May 2013

    Indian Government Seeks Examples of Best Practice

    The Indian government has invited “write ups” describing best practices on implementation of Right to Information Act, with prize money. The Department of Personnel and Training (DoPT) said it will publish a compendium of best practices on the RTI being adopted by a government department or public authority. “The best 20 write-ups would be selected […]

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  • 10 May 2013

    Critics Fault Guidelines for Proactive Disclosure in India

    The Indian government’s recent guidelines on proactive disclosure are diluted, right to information activists said May 7.  Members of the National Campaign for People’s Right to Information (NCPRI) including Anjali Bhardwaj, Nikhil Dey and Venkatesh Nayak said that the government had overlooked other recommendations from the government-sponsored task force that studied the issue. Not included were […]

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  • 3 May 2013

    India Close to Choosing Who Will Do Study of RTI Law

    The Indian government is close to choosing who will conduct a major review of the fight to information law. The Department of Personnel and Training (DoPT) has shortlisted 16 organizations for the “360 degree study,” according to a report, with the names, on the website of the RTI Foundation of India. The selected organizations have […]

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  • 26 April 2013

    India Issues Guidance on Doing Proactive Disclosure

    The Indian government has issued guidelines for the proactive disclosure of information, but missed a few key items, according to a leading Indian advocacy group. The guidelines were prepared the Department of Personnel and Training with advice from a task force. The goal was to enhance implementation of the proactive disclosure obligations under Section 4 of […]

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  • 21 April 2013

    Two Indian States to Issue Lists of Prisoners on Trial

    The chief information commissioner of the Indian state of Maharashtra has ordered the disclosure of the names of prisoners awaiting trial, so-called “undertrials,” who have served half or more of the maximum prison term specified for the charges they face. State chief information commissioner (CIC) Ratnakar Gaikwad directed the preparation of such a list under […]

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  • 19 April 2013

    Right to information? You are in queue!

    By Shailesh Gandhi Gandhi is a former commissioner at the central information commission. This article is reprinted with permission from GovernanceNow, where it was first run on April 17. “GovernanceNow is a multi-media initiative for participatory reportage and analyses related to governance of all institutions and processes that are vital to public life in India.” […]

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  • 17 April 2013

    Indian Court Stays Major Parts of Controversial Ruling

    The Indian Supreme Court on April 16 stayed a controversial decision ordering that retired or sitting judges be appointed to lead the Central Information Commission and state commissions. The order by Justices A. K. Patnaik and Arjan K. Sikri also stayed a directive from the Sept. 13, 2012, decision that would have required commissions to […]

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  • 12 April 2013

    Indian Department Opens Portal for RTI Applications

    A key Indian agency has opened a website for the submission of right to information requests and fees. The portal — http://www.rtionline.gov.in/ — has been created by the Department of Personnel and Training (DoPT), the agency which leads on the administration of the RTI law. The portal is not for use in filing requests for […]

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  • 7 March 2013

    World Bank Study Focuses on RTI Implementaton Issues

    Right to information laws “will accomplish little” in poor countries, according to the author of new World Bank study, “unless concerted efforts are made to address the broader enabling environment, and appropriate capacity building strategies are devised.”   The report by Anupama Dokeniya is based on individual research studies of implementation in eight countries: Albania, […]

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  • 18 February 2013

    Indian Women Not Using RTI Act Enough, Activists Say

    Women in India are not using the Right to Information Act as much as they should, according to persons quoted in an article on the subject by Partha Sarathi Biswas in the Indian Express. One indicator cited is the low registration in training classes sponsored by Yashwantrao Chavan Academy of Development Administration (YASHDA). Former Central […]

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  • 4 February 2013

    Court Tells Indian State to Pick Info Commissioners

    The high court of the Indian state of Madhya Pradesh has ordered the government to seek applications in order to fill the 10 vacant posts of the State Information Commission, according to articles in the Daily Pioneer and the Jagran Post. Most of the positions have been vacant since August of 2010, resulting in a […]

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  • 1 February 2013

    Indian Court Denies State Commission Right to Appeal

    The Indian Supreme Court on Jan. 18 rejected as “frivolous” a petition from the Karnataka information commissioner challenging a Karnataka High Court order that overturning the commissioner’s decision, according to an article in The Deccan Herald. The order has “serious implications” for the RTI Act, wrote Shailesh Gandhi, who  served as Central Information Commissioner from […]

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  • 14 December 2012

    Indian Commission Rules Attorney General Exempt

    India’s Central Information Commission has ruled that the Office of the Attorney is not a public authority under Right to Information Act. The CIC order of Dec. 10 said the Attorney General’s position is unique because “he is standalone counsel of the Government of India.” “He renders legal advice to the Government of India which […]

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  • 6 December 2012

    No Support Discovered for Indian PM’s Views on RTI

    The Times of India asked the office of the prime minister to disclose the basis for PM Manmohan Singh’s October criticisms of the Right to Information Act, but has been told there are no such records, according to an article in the Times. Singh expressed concern over frivolous and vexatious RTI applications, infringement of personal […]

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  • 26 November 2012

    Indian Supreme Court to Review RTI Act Decision

    The Indian Supreme Court on Nov. 20 agreed to hear the government’s request that it review its Sept. 13 decision that among other things would require that information commissions be composed of retired judges. (See previous FreedomInfo.org report.) In agreeing to the review,  justices A.K. Patnaik and Swatanter Kumar, “made it clear that its verdict […]

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  • 6 November 2012

    Indian CIC Orders Agency to Disclose Corruption Files

    India’s chief information commissioner, Satyendra Mishra, has ruled that even an agency exempt from the right to information law may not withhold information related to corruption by public officials or human rights violations. In his Nov. 2 order, Mishra mandated the Central Bureau of Information to provide requested information, subject to RTI Act exemptions, according […]

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  • 2 November 2012

    Indian Cabinet Withdraws Controversial RTI Proposal

    The Indian Cabinet Nov. 1 pulled back from a six-year-old proposal to dilute the Right to Information Act. The action was a relief to activists.  The main effect of the changes, planned back in 2006, would have been to restrict access to “file notings” – documents in which officials make comments about proposed policies. Withdrawing […]

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  • 29 October 2012

    Making Government Kiosks Hubs for RTI

    By Osama Manzar Osama Manzar is founder-director of Digital Empowerment Foundation and chairman of the Manthan Award. He is a member of the working group for Internet proliferation and governance, ministry of communications and information technology. Follow him on Twitter @osamamanzar. There is only one way India can become a leading country in the 21st […]

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  • 15 October 2012

    Indian RTI Activists Object to PM’s Comments; Bill Planned

    Indian right to information activists have roundly condemned Prime Minister Manmohan Singh’s recent criticisms of the RTI law, but one major media outlet reports that the government is preparing amendments to change the law to prevent alleged misuse. “A senior bureaucrat” told The Times of India Oct 13 that amendments are in the works.  “After […]

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  • 12 October 2012

    Indian Government Appeals Controversial Court Ruling

    The Indian government has appealed a controversial Supreme Court ruling that that has roiled Indian information commissions by mandating more involvement of trained judges in the process. The announcement came Oct. 11, preceding an Oct. 12 speech by Prime Minister Manmohan Singh on the seventh anniversary of the RTI act at seventh Convention of Central […]

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  • 11 October 2012

    Indian CIC Orders Delhi to Enhance Assembly Info

    The Central Information Commission has ordered the Delhi assembly to provide more information about its proceedings. Information Commissioner Annapurna Dixit directed the assembly secretariat to publish laws that pass on its website in Hindi and English and to consider providing live webcasts of assembly proceedings, according to reports in the Times of India and the Hindustan […]

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  • 1 October 2012

    Ruling Sows Confusion Among Indian Commissions

    More than a quarter of India’s 28 Information Commissions have halted work in the aftermath of the top court’s recent ruling that retired judges must be on commission panels, according to a survey by the Commonwealth Human Rights Initiative. The Central Information Commission continues to hear cases as before, CHRI said. “However the State Information […]

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  • 14 September 2012

    Indian Court Says Judges Must Head Commissions

    The Supreme Court of India has ordered that all Chief Information Commissioners must be retired judges and that each case must be heard by a two-member bench, with one judicial member and one non-judicial member. The Central Information Commission (CIC), the final appellate authority for RTI Act, suspended hearings on Sept. 14, held an urgent […]

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  • 7 September 2012

    Jammu and Kashmir Moves Seen as Undercutting RTI

    The Jammu and Kashmir government in India on Aug. 30 passed new rules that critics say undercut the state right to information act. One main effect will be to reduce the information commission’s ability to require information from government departments, according to an article by Riyaz Wani in Tehelka. Chief Minister Omar Abdullah said this […]

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  • 31 August 2012

    India to Promote RTI In Message to Children

    The Indian government has decided to promote the Right to Information Act to school children. A message will be displayed inside the back cover of some textbooks, according to direction from the National Council of Education, Research and Training. An estimated 10 million children will read: “The basic aim of the RTI Act is to […]

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  • 13 August 2012

    Word Limit Imposed on Indian RTI Requesters

    The Indian government has placed a limit of 500 words on the length of applications under the Right to Information Act and has established a new form for making appeals to the Central Information Commission. The new rule, issued July 31 by the Department of Personnel and Training, also requires that appellants or their representative […]

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  • 8 August 2012

    Roy Objects to Proposals to Amend State RTI Law

    RTI activist and National Advisory Council (NAC) member Aruna Roy has written to the chief minister of the state of Maharashtra, Prithviraj Chavan, to protest proposed amendments to the RTI law. The state government in January proposed that applications being limited to a single subject and be less that 150 words. Alos applicants inspecting documents […]

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  • 3 August 2012

    Indian State Exempts Anti-Corruption Agency From RTIA

    The government of the Indian state of Uttar Pradesh Cabinet voted on July 31 to exclude the anticorruption agency Lokayukta from the scope of the Right to Information Act, according to Indian activists and media reports. “This is one of the many attacks being launched against the transparency regime by the very system which the […]

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  • 6 July 2012

    Roy Positive on Indian RTI Law, But Sees Challenges

    The Indian Right to Information Act “is a galvanizing force that has acquired a momentum that none of us saw coming, and which is going to be impossible to stop,” according to Aruna Roy, an instrumental force behind the law’s passage, who also outlined problems facing the law in a newspaper interview. “What we are […]

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  • 6 July 2012

    Are Qualified Commissioners Being Appointed in India?

    By Shonali Ghosal Ghosal is a correspondent with Tehelka where this article first appeared. Last month, on 9 June, Ratnakar Gaikwad, former chief secretary, Maharashtra, was sworn in as the state’s Chief Information Commissioner (CIC). Curiously, his appointment came just over a week after his retirement as chief secretary. This, after the post of CIC […]

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  • 2 July 2012

    Retiring Indian Commissioner Ghandi Says RTI Threatened

    Shailesh Ghandhi, who will retire June 6 as an Indian Information Commissioner, is warning of threats facing the right to information law. In an interview with  CNN IBN, Gandhi said, “I believe that so far the RTI Act has achieved far more than expected but there are serious threats most of us are not conscious […]

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  • 29 June 2012

    Indian CIC Elaborates on Access to Cabinet Papers

    India’s Central Information Commission has ruled that Cabinet documents should be disclosed after a bill had been offered in Parliament and that requesters do not need to wait until after Parliament acts. The Commission ordered the Department of Atomic Energy to produce the Cabinet note, papers and file notings relating to the Nuclear Safety Regulatory […]

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  • 21 June 2012

    Indian Court Says Presidential Donations Covered by RTI

    Donations made by the Indian president using public funds are covered by the Indian right to information law, the Delhi High Court held May 14. The court directed the President’s Secretariat to provide the information, rejecting objections that it would impinge on the president’s privacy. The court also ordered that the donations information be published online. […]

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  • 1 June 2012

    Indian Sports Minister Asks CIC to Open Cricket Board

    Indian Sports Minister Ajay Maken has taken his campaign to bring the Indian Cricket Board (BCCI) under the purview of the Right to Information Act to the Central Information Commission, according to media reports. “We have appealed to the CIC,” he told reporters May 31, according to The Times of India and The Hindu. It is not […]

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  • 21 May 2012

    India Makes Plans to Set Up RTI Call Center, Request Site

    The Indian government has requested proposals to establish a call center and web portal to allow citizens to make right to information requests by telephone and online. The Department of Personnel and Training May 14 sought requests from IT firms and call centers, according to media reports such as one in the Hindustan Times. The […]

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  • 10 May 2012

    Retired Officials Dominate Indian State Commissions

    Most Indian state information commissioners are retired civil servants and many posts are vacant, according to fact-filled critical report by the Access to Information Programme of the Commonwealth Human Rights Initiative, based in New Delhi. Also, less than half of the commissions have put some or all of their decisions online and their websites are […]

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  • 27 April 2012

    India’s CIC Clashes With Justice Over Use of RTI

    India’s Chief Information Commissioner Shailesh Gandhi has written to the Chief Justice of India, S.H. Kapadia, to object to his recent comments critical of the right to information law. The chief justice was quoted as saying the law was “good” but was being misused to ask irrelevant and intrusive questions.  In his reply, Gandhi said: […]

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  • 27 April 2012

    Indian State Commission Pulls Bank Under RTI Law

    An Indian State Information Commission April 24 ruled that the Jammu and Kashmir Bank Limited is a public authority under the 2009 Jammu and Kashmir Right to Information Act. The bank was created by legislative act, is majority-owned by the government, has three government-appointed directors, and carries out instructions from the government, according to the […]

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  • 12 March 2012

    Reform Eases RTI Use by Indians Living Abroad

    India has made it easier for Indian citizens living abroad to seek online information from the government under the Right to Information Act. The banking regulator, the Reserve Bank of India, has allowed sale of electronic postal orders to Indian citizens living abroad through their credit and debit cards. “The facility will be used only […]

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  • 9 March 2012

    RTI Exemption Included in Indian Biotech Bill

    A controversial bill in India to ease regulation on biotechnology products includes an exemption from the right to information law. Debate over the Biotechnology Regulatory Authority of India Bill (BRAI) primarily concerns issues such as the safety of genetically modified food crops, the proposed RTI exemption also is drawing opposition, including from the National Campaign […]

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  • 2 March 2012

    Three New Commissioners Appointed to CIC in India

     Three new information commissioners were sworn in on Feb. 28 in New Delhi.  Former Intelligence Bureau (IB) chief Rajiv Mathur is one of the new commissioners. Also added were the former environment secretary Vijai Sharma, recently working as an expert member at the National Green Tribunal and retired Syndicate Bank chairman and managing director Basant […]

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  • 23 February 2012

    Indian Health Foundation Told to Comply With RTI

    India’s Central Information Commission has ruled that the Public Health Foundation of India (PHFI) had falls under the Right to Information Act, using the decision to underscore its position that other public-private partnerships are also covered, a contentious issue. Commissioner Shailesh Ghandi, who wrote the opinion, directed the chairman of PHFI to appoint a Public […]

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  • 22 February 2012

    Indian Committee Displeased With Nuclear RTI Exemption

    A proposed Right to Information law exemption in a new Indian nuclear safety bill appears to be faring poorly in Parliament. A committee looking into the Nuclear Safety Regulatory Authority bill is likely to propose dropping the RTI provision, according to reports in The Hindustan Times and India Today. The government-backed bill would create a […]

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  • 17 February 2012

    Indian CIC Orders Agency to Post More on Website

    The Indian Central Information Commission has told the Ministry of Environment & Forests to put more information on its website. The Jan. 18 decision by Commissioner Sailesh Gandhi resulted from a complaint brought by Shibani Ghosh of The Access Initiative India Coalition (TAI India) arguing that certain categories of information should be available on the […]

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  • 16 February 2012

    RTI Implementation: Comparing Experiences in Southeast Asia

    By Chiranjibi Kafle The writer is Head, Department of English, RR Campus, Kathmandu. This article was originally published in Republica and is reprinted with permission. More than 90 countries in the world today have introduced Right to Information (RTI) legislations to safeguard people´s access to public information. But the implementation part has not been smooth. […]

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  • 10 February 2012

    Political Appointments in Indian State Stir Objection

    The appointment of eight information commissioners in the Indian state of Andhra Pradesh has sparked objections that they are unqualified. Four of the announced commissioners are politicians in the ruling Congress party. The others include three retired or current civil servants and a senior journalist with party ties, according to media summaries. One media report, in India […]

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  • 6 February 2012

    State Actions Undermine Right to Information in India

    Some Indian states are making it harder for applicants to use the Right to Information law, according to a series of recent news reports. To the distress of RTI activists, states are: –           imposing higher fees, –           requiring statements of justification for requests, –          asking that photographs accompany applications, and –          making appeals administratively slower. […]

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  • 3 February 2012

    India Proposes RTI Act Exemption on Nuclear Safety

    The government of India has proposed to amend the Right to Information Act to exclude from coverage any nuclear safety agencies created in the future. The government introduced the Nuclear Safety Regulatory Authority Bill (NSRA Bill) in September 2011, but its RTI impact has just been highlighted by RTI activists. The bill seeks to add […]

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  • 19 January 2012

    Indian Commission to List Pending Cases on Website

    The Indian Central Information Commission has started making public on its website a list of pending cases. The new feature, at the top of left column, began Jan. 9 and will be updated monthly. Shailesh Gandhi, one of the five central information commissioners, said this will “reassure citizens that there is fairness in taking up […]

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  • 22 December 2011

    Indian Sports Ministry Says RTI Covers Cricket Board

    The Indian Sports Ministry has asserted that the right to information law covers Board of Control for Cricket in India (BCCI), according to a Times of India report. The ministry submitted a seven-page statement Dec. 16 to the Central Information Commission, saying that the cricket board receives “substantial indirect funding” from the government in the […]

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  • 20 December 2011

    What’s Ailing RTI? Resource Issues Plague Indian Law

    By Shonali Ghosal Ghosal is a correspondent with Tehelka magazine, based in New Delhi, which published this article in its Dec. 24 edition. Following is an interview with Shailesh Gandhi, a Central Information Commissioner. (Reprinted with permission.) The mere suggestion of any amendment to the Right to Information (RTI) Act, 2005, sends civil society into […]

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  • 5 December 2011

    U.S. Unveils Open Source Code for Open Gov Sites

    The U.S. government Dec. 5 unveiled “open source code” designed to help governments manage data and ultimately create more open government  platforms around the world. The development grew from an U.S.-India collaboration and a next step, according to the White House blog post, will be an Indian announcement concerning software for an Open Government Platform […]

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  • 18 October 2011

    Indian Law Minister Denies Plans to Rewrite RTI Act

    A top Indian minister has denied that the government wants to rewrite the right to information law, apparently seeking to quell a firestorm of criticisms precipitated by the prime minister’s call for a “critical look” at the RTI Act. Union Law Minister Salman Khurshid Oct. 16 said there is no proposal to “relook” at the […]

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  • 14 October 2011

    Indian Prime Minister Urges Critical Look at RTI Act

    Indian Prime Minister Manmohan Singh Oct. 14 called for a “critical look” at the six-year-old Right to Information Act. He expressed concern about a “flood” of requests, about disclosure inhibiting the deliberations of government officials, and about the coverage of private-public partnerships. Singh’s comments before the annual convention of Information Commissioners were quickly criticized as […]

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  • 12 October 2011

    Indian CIC Takes Steps to Stem Attacks on RTI Users

    The Indian Central Information Commission has adopted a potential deterrent to attacks on users of the right to information law. The CIC announced it will react to assaults on RTI activists by pressing government agencies to promptly release all the requested materials. The Commission also said it will keep track of investigations into attacks. Estimates […]

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  • 12 September 2011

    Indian Court Upholds Exclusion of CBI from RTI

    An Indian court has upheld with the government’s decision to exempt the Central Bureau of Investigation, a security and intelligence agency, from coverage under the right to information law. The Madras high court Sept. 9 became the first in the country to rule on one of several legal challenges to the decision, according to media […]

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  • 2 September 2011

    India Law Needs to Protect RTI Activists, Group Says

    The Asian Centre for Human Rights has issued a report, “RTI activists: sitting ducks of India,” stated that from January 2010 to August 2011, at least 12 right to information activists including have been murdered and recommending an amendment to the RTI Act. “RTI activists are the most vulnerable human rights defenders (HRDs) of India. […]

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  • 31 August 2011

    Indian Cabinet Rejects Controversial Sports Bill

    The Indian Cabinet Aug. 30 rejected a proposal to regulate national sports federations that included a provision to bring them under the right to information law. (See previous FreedomInfo.org report.) The disapproval was overwhelming according to news reports, but the sports minister later vowed to try again.  The sports minister said any revised draft legislation […]

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  • 15 August 2011

    RTI for India Sports Federations Proposed

    India’s Sports Minister Ajay Maken has proposed  that sports federations be subject to the right to information law, according to media reports such as one in ndtv.com He has proposed a variety of procedural reforms, including the creation of a 23-member advisory council. Among these proposals is a proposal that all sports federations, including the […]

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  • 10 August 2011

    Indian Supreme Court Orders Disclosure of Reviewed Tests

    The Indian Supreme Court Aug. 8 said students had the right to access their evaluated answer sheets under the Right to Information Act. In its decision, the court upheld a 2009 Calcutta high court that the materials are not exempt from the transaprency law and must disclose the reviewed tests. The case developed after a […]

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  • 29 July 2011

    Indian Activists Object to Exclusion on PPP Projects

    Indian right to information activists are expressing dissatisfaction with an internal  government legal opinion that would exempt Public Private Partnership Projects (PPPs) from the right to information law. The Central Information Commission has decided to seek Prime Minister’s Manmohan Singh’s intervention,according to The Hindustani Times, which broke the story. “We will be writing to the […]

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  • 27 July 2011

    Classified: The Classifiers, Until Now; An Indian Saga

    By Venkatesh Nayak Nayak is Programme Coordinator,  Access to Information Programme, Commonwealth Human Rights Initiative We are all aware of the practice of bureaucrats who classify files, records and various kinds of electronic information as ‘top secret’, ‘secret’ and ‘confidential’. However the rules governing such classification are themselves secret in India. These instructions are contained in […]

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  • 21 July 2011

    U.S., India Announce Plan for Creating Open Data Platforms

    The United States and India July 19 announced plans to jointly develop “open source” platforms for other governments to use to post government data. The software will be available by the first quarter of 2011, according to one paragraph in a fact sheet on of bilateral science and technology understandings issued while U.S. Secretary of […]

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  • 15 July 2011

    India-U.S. to Announce Joint Transparency Initiative

    The United States and India on July 19 in India will unveil plans to help other countries use technology to improve access to government information. The joint effort will focus primarily on “harnessing technology” to enhance openness efforts, U.S. Chief Technology Officer Aneesh Chopra told FreedomInfo.org, saving details for the announcement next week. The bilateral effort was announced  last […]

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  • 12 July 2011

    India Withdraws From Open Government Partnership

    By Toby McIntosh On the eve of the kick-off event for the Open Government Partnership, India dropped out, but the show went on, with enthusiastic pro-transparency speeches at a day-long event at the U.S. State Department in Washington. The unexpected pull-out by a country with an international reputation for its strong right to information law […]

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  • 8 July 2011

    Indian CIC Criticizes Exemption for CBI

    The Indian Central Information Commission has crossed swords with the government over its exemption of the Central Bureau of Investigation (CBI) from the Right to Information Act as the matter heads toward a likely conclusion in the courts. The Cabinet action is “without sanction of the law” and “not in consonance with the letter or […]

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  • 17 June 2011

    Indian Cabinet Exempts Bureau of Investigation

    The Indian Cabinet June 9 decided to exempt the Central Bureau of Investigation (CBI) from the Right to Information Act, according to news reports, but official confirmation has not been forthcoming. The exemption was requested by the CBI, arguing that its inclusion under the RTI made it difficult to share information and obtain information,” according […]

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  • 27 May 2011

    Court Stays CIC Order Concerning Court Records

    The Delhi High Court May 22 stayed a Central Information Commission order that would have allowed Indians to seek information to use Right to Information Act to obtain court records. The commission ruled May 11 that the RT Act takes precedence over the internal rules of the Supreme Court. (See previous FreedomInfo.org report.) The Supreme Court […]

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  • 18 May 2011

    Exempting Security Agencies From Indian RTI Proposed

    A key Indian cabinet committee is recommending that three law enforcement and intelligence agencies be exempted from the right to information law, Indian newspapers are reporting. The move would exempt from RTI coverage the Central Bureau of Investigation, the National Investigation Agency and the National Intelligence Grid, according to the Hindustani Times and the Indian […]

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  • 18 May 2011

    Group Seek Uniformity in Indian State RTI Rules

    The Commonwealth Human Rights Initiative has asked the Indian Department of Personnel and Training, Government to address a lack of uniformity with regard to right to information rules by state governments and the High Courts. One problem, according to the letter is that “Parliament can annul or modify Rules made by the Central Government but […]

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  • 18 May 2011

    Court Records Covered by RTI, Indian CIC Decides

    The Indian Central Information Commission (CIC) has ruled  that the Right to Information Act takes precedence over the internal rules of the Supreme Court. The court rules required a showing of “good cause.” The First Appellate Authority (FFA) held that any information on judicial records could be accessed only under the Supreme Court rules.  In […]

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  • 6 May 2011

    Using RTI Rivals Bribery in Fighting Bureaucracy

    Right to information requests rival bribery as a way to cut through bureaucratic red tape in India, according to two studies by U.S. academics. The experiments involved the complicated processes of registering to vote and getting ration cards, and were conducted by Yale University political scientists, Leonid Peisakhin and Paul Pinto. Bribery is a better […]

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  • 8 April 2011

    India CIC Sets Targets for Handling Appeals

    The Indian Central Information Commission has taken a step to fight a backlog of cases and has decided that commissioners should disclose their assets. The six commissioners are being asked to dispose of around 3,200 appeals and complaints every year, an increase from the 2010 average of 2,741, according to articles in The Times of […]

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  • 4 April 2011

    New Advisory Body Formed on South Asia RTI Issues

    A new 16-person body, the South Asia Advisers on the Right to Information, was formed during a two-day long convention in Kathmundu, Nepal, from March 27- 29. Made up of chief information officers, RTI activists and others, the group will discuss “transparency law, norms for information commissions, and capacity building among government officials, media and […]

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  • 25 March 2011

    Indian Government Retreats on Most RTI Proposals

    The Indian government has backed down on most of its controversial proposals to amend the right to know law, following pressure from the National Advisory Council. The government is sticking with a proposal to limit applications to one subject, however, according to the Council minutes and a report in the Hindustan Times NAC member Aruna […]

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  • 14 March 2011

    Indian RTI Conference Adopts 12-Point Shillong Declaration

    Indian right to know activists March 13 passed a 12-point resolution urging that the law’s jurisdiction be expanded to cover Public-Private Partnership (PPP) entities, political parties, trade unions, and nongovernmental organizations. The “Shillong Declaration” was approved at the conclusion of a three day national RTI conference in Shillong, attended by about 1,000 persons. The declarations […]

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  • 11 March 2011

    Indian RTI Activists Gather for National Meeting

    Some 500 participants are attending a three-day national convention on right to information in Shillong, India, titled “Reclaim Democracy,” from March 10-12. Aruna Roy, social activist and member of the National Advisory Council, addressed the convention, saying,  “The Right to Information Act is the most fundamental law this country has seen as it can be […]

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  • 4 March 2011

    Indian Government Moves Slightly on FOI Word Limit

    The Indian government has backed down somewhat from its proposal to limit the length of freedom of information requests to 250 words. Five hundred words would be permitted, according to a Times of India report, which credited the movement to the Sonia Gandhi-led National Advisory Council (NAC). The council has previously criticized the proposed new […]

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  • 4 March 2011

    New Murder in India Sparks Roy Demand for Protections

    Aruna Roy, the convener of the Indian National Advisory Council’s group on transparency on March 3 requested that the council examine a proposed whistleblower bill that she said would be “wholly inadequate” to stop the killing of Right to Information Act users.  She also demanded an official probe a probe into the killing of Jharkhand activist Niyamat […]

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  • 4 March 2011

    Indian CIC, Planning Agency Debate RTI Coverage

    The Indian Central Information Commission (CIC) has proposed bringing more transparency to the private corporations participating in the government’s public private partnership (PPP) programs, but the request appears to be meeting with resistance, or not. The story began when the CIC asked the Planning Commission to insert an right to information clause into agreements with the private partners. However, […]

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  • 25 February 2011

    India Information Commission Faces Backlog

    More than 15,000 appeals under the Indian Right to Information Act (RTI) are pending with the Central Information Commission. The information was released by Minister of State in the Ministry of Personnel, Public Grievances and Pensions V. Narayanasamy Feb. 24 and is contained in a government press release. Narayanasamy said the average monthly receipt and […]

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  • 10 February 2011

    RTI Martyrs: Saluting the Brave

    By Amitabh Thakur IPS officer from UP and President, National RTI Forum “RTI Martyrs ! Who the hell are they?” someone might ask. And the reason is obvious. For long we have listened the word martyr as someone who has sacrificed his or her life at the altar of human well-being. Each society and each […]

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  • 28 January 2011

    Indian Government Retorts to Critics of RTI Rules Proposals

    An Indian government department has replied negatively to criticisms of its proposals to amendment the Right to Know Act rules, including to place a word limit on request and to abate appeals on the death of an applicant. The Department of Personnel and Training (DoPT) launched a consultation exercise in December 2010 on its suggested changes, and one […]

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  • 28 January 2011

    First Commissioner Named in Jammu, Kashmir

    Six years after the Indian state of Jammu and Kashmir enacted a Right to Information Act, the first Chief Information Officer has been named,  Chief Income Tax Commissioner for northern India, G R Sufi. Two information commissioners still must be appointed under the law. Sufi emerged as the consensus candidate in the meeting of the […]

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  • 31 December 2010

    Critics Score Proposed New Rules for Indian RTI Act

    Critics are weighing in against proposed amendments to the rules for the Information Right to Information Act that among other things would set a 250 word limit for each request and to raise fees. These and other proposals have draw fire from many RTI activists and recently from the Working Group on Transparency, Accountability and […]

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  • 3 December 2010

    Singh Examines History, Future of Indian R2K Law

    The genesis of the Indian right to know law is explored and directions for the future are elucidated in a detailed paper by Shekhar Singh, a founding member of the National Campaign for People’s Right to Information. His insider view covers the birth of the movement in the 1990s and follows the course of the […]

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  • 9 November 2010

    U.S., India Seek to Spread Transparency Experience

    The United States and India this week announced a joint effort to export lessons from the Indian Right to Information experience. President Obama Nov. 7 pledged “approximately” $1 million “to support the work of Indian civil society in sharing their best practices abroad.” The Indian government promised a matching commitment of in-kind assistance “that will […]

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  • 29 January 2010

    Anti-Corruption Activist Satish Shetty Slain in Retribution for RTI Work Murder: Highlights Need for Whistleblower and Activist Protection

    by Yvette M. Chin Pune, India — Several men attacked and murdered Indian RTI activist Satish Shetty with swords the morning of January 13, in a killing that activists say is the result of Shetty’s RTI work. To date, local police have taken five men into custody for Shetty’s murder, including lawyer Vijay Dabhade and […]

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  • 13 January 2010

    India’s Right to Information Act: The First Four Years

    By Alasdair Roberts India’s Right to Information Act (RTIA) went into force in October 2005. It is probably the most ambitious experiment with transparency in the world. The law promises a right to government-held information to 1.2 billion citizens, most of them living in rural poverty. Its advocates say that the law could produce a […]

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  • 17 July 2009

    Safeguarding the Right to Information: Report of the People’s RTI Assessment 2008 in India

    A Comprehensive Look at the Implementation and Use of India’s RTI Act New Delhi, India — In the first two years of access-to-information implementation in India, about 1.6 million requests for information were made in urban areas, while an additional 400,000 applications were made in the rural villages. Taking such a large-scale access-to-information regime head on, […]

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  • 14 April 2009

    World Bank Releases Extremely Useful Reports on Access to Information Implementation

    Over the past few months, the World Bank has recently published a series of extremely useful reports by experts on access to information laws. Using comparative case studies, together these reports provide an overview of the whole life cycle of access to information (ATI) legislation, from adoption to implementation and enforcement. One report examines the role of civil society groups in the formulation and adoption of access to information laws in Bulgaria, India, Mexico, South Africa and the United Kingdom. Another examines the institutional and logistical nuts-and-bolts of implementation, using Mexico as a case study, while the third report looks at models of enforcement in several countries: South Africa, Mexico, Scotland, India, and Hungary.

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  • 27 January 2009

    World Bank Expands Disclosures on Debarments

    The World Bank has expanded its policy of disclosing the names of firms and individuals banned from doing business with the Bank. In a Jan. 11 announcement, the Bank said it will reveal the names of firms and individuals barred from providing goods and services directly to the institution. Under existing policy, the Bank discloses […]

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  • 28 September 2008

    International Right to Know Day 2008: Global Phenomenon Now Includes More Than 80 Countries

    Washington, D.C., September 28, 2008 – Today’s celebration of International Right-to-Know Day marks a new watershed in the global reach of freedom of information laws – now on the books in more than 80 countries – and features celebrations in countries ranging from Mexico to Moldova, according to postings today on the www.freedominfo.org virtual network […]

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  • 18 January 2008

    GTI Questions IMF Delay of Transparency Policy Review

    The Global Transparency Initiative has expressed concern about the decision by they International Monetary Fund to postponement review of the IMF Transparency Policy, originally scheduled for 2008. GTI wrote to IMF Managing Director Dominique Strauss-Kahn Dec. 17 after learning from the IMF’s External Relations Department that the next review of the Fund’s Transparency Policy, originally […]

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  • 18 January 2008

    Zoellick Orders Release of World Bank Report on Corruption in India Projects

    World Bank President Robert Zoellick ordered the disclosure recently of a World Bank investigation showing “serious incidents” of fraud and corruption in five Bank projects in India. It was the first time the Bank had disclosed a “Detailed Implementation Review,” conducted by the Department of Institutional Integrity.  His action was praiseed by Transparency International-USA. A […]

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  • 31 August 2006

    INDIA: Right to Information in Jeopardy

    Just six months after the Right to Information Act came into force, the bureaucrats in the Indian government are on the verge of rolling back the Act’s progressive access provisions. In July 2006, without any public consultation, the Cabinet approved amendments to the RTI that exclude from disclosure file notings contained in many of the […]

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  • 18 August 2006

    In India, Right to Information in Jeopardy

    Just six months after the Right to Information Act came into force, the bureaucrats in the Indian government are on the verge of rolling back the Act’s progressive access provisions. In July 2006, without any public consultation, the Cabinet approved amendments to the RTI that exclude from disclosure file notings contained in many of the […]

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  • 22 March 2006

    Freedom of Information Laws Added to the Development Agenda

    By Toby McIntosh Riding a wave of transparency, the idea of encouraging Freedom of Information (FOI) laws as part of the development agenda is gaining currency, but slowly. With research and case studies increasingly identifying transparency as a key tool in fighting corruption and facilitating development, more attention is being paid to the development of […]

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  • 28 September 2005

    International Right to Know Day 2005

    Since 2002, freedom of information advocates around the world have been working together to promote the right of access to information for all people and recognize the benefits of transparent and accountable governments. We use this day as a way to share ideas, strategies and success stories about the development of freedom of information laws […]

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  • 14 September 2005

    Documents Spur Public Debate about World Bank Involvement in Awarding Contract for Delhi Water Deal

    World Bank and Indian Anti-corruption Group Trade Charges about Bidding Process Documents released recently under Delhi’s freedom of information law raised a major public controversy over World Bank involvement in contract bidding and fueled a public debate over possible privatization of the Delhi water system. On July 28, Indian anti-corruption group Parivartan, citing internal documents […]

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  • 9 August 2005

    Pakistan Newspaper Reports on Nonpublic World Bank Document

    A newspaper in Pakistan has written about a nonpublic World Bank report evaluating ten years of World Bank activities in Pakistan and shedding light on the process of preparing such major evaluations. The evaluation report is generally unfavorable to the World Bank, according to the Business Recorder, which wrote about the conclusions in a July […]

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  • 1 June 2005

    Sen. Lugar Stresses Transparency in MDB Replenishment Legislation

    The Republican chairman of the U.S. Senate Foreign Relations Committee, Richard Lugar (R-Ind), has made transparency reforms the central focus of legislation that also would authorize U.S. contributions to five multilateral development banks. Lugar’s bill contains instructions to the U.S. representatives at the five institutions, including the World Bank, and tells them to support several […]

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  • 24 May 2005

    Latest Analysis of India’s New Right to Information Law

    "Good, Bad, and Ugly (maybe)" says Commonwealth Human Rights Initiative UPDATE – 25 JUNE 2005 CHRI Conference Report Effective Implementation: Preparing to Operationalise the Right to Information Act, 2005 After a number of false starts and even one Act which was on the books but never came into force, it is with much excitement that […]

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  • 21 December 2004

    Critics Fault ADB Draft Public Communications Policy

    The Asian Development Bank’s second draft of a new communications policy is meeting with some praise, and also with continuing criticism. Common themes included: demands for more disclosure about private sector operations, recommendations for releasing the key documents as they go to the board, and appeals for an independent appeals process. The comments are posted […]

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  • 30 September 2004

    Activists Criticize IFC Consultations; IFC Expands Consultations

    The International Finance Corporation has increased the number of consultations it will hold on proposed disclosure and safeguard policy revisions after the outreach process came under criticism by activists as inadequate and rushed. The changes were announced just before the IFC held its first consultation, in Buenos Aires Sept. 27, where attendance was about half […]

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  • 21 July 2004

    ADB Critics in India, Bangladesh Protest ADB Policies, Disclosure Proposal

    Critics of the Asian Development Bank’s Proposed Disclosure Policy staged a walk-out of the ADB’s consultation in Bangalore, India, July 16, and issued a sharply critical statement in Dhaka, Bangladesh. The walk-out in Bangalore by civil society representatives came after they made a statement criticizing the procedures of the consultations as not representative, poorly planned […]

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  • 30 June 2004

    The Right to Know is the Right to Live: Profile of a Remarkable Peoples’ Movement in India that Links Information to Livelihood

    The pioneering right-to-information work of the Mazdoor Kisan Shakti Sangathan (MKSS) in India has won remarkable victories in the struggle against corruption, both at the village and national levels, according to the latest case study posted today by the freedominfo.org virtual network of international openness advocates. Compiled and edited by MKSS member Vivek Ramkumar, a […]

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  • 30 June 2004

    FILM: Right to Information

    BACKGROUND NOTE ON THE DOCUMENTARY ON THE RIGHT TO INFORMATION MOVEMENT IN INDIA The MKSS has had a series of films made to document various aspects of its work. The most successful campaign run by the MKSS was the Right to Information campaign. The campaign had a modest beginning as an effort to document that […]

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  • 30 June 2004

    MKSS Photo Gallery

    PHOTO GALLERY OF THE MKSS Women resting in the tent put up by Jan Nithi Abhyan (JNA) and Akal Sangharsh Samithi (ASS) during a 10 day public meeting in the fall of 2003. The JNA was a campaign for a peoples’ manifesto launched by civil society groups from across Rajasthan including the MKSS in 2003 […]

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  • 30 June 2004

    Bibliography of MKSS Writings, Articles and Other Reports

    The following documents are available for sale in a CD with the MKSS. To obtain a copy of this CD please contact the MKSS at mkssrajasthan@yahoo.com. From Information to Accountability – Reclaiming Democracy Survival And Right to Information – Gulam Rasool third memorial lecture by Aruna Roy Information, Democracy And Ethics – Aruna Roy (12th […]

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  • 30 June 2004

    Beyond Democratic Rights and Electoral Reform Campaigns: Challenges Dacing Non-Party Political Movements

    by Vivek Ramkumar Download the entire report in Adobe PDF format (40 pp.) Beyond Democratic Rights and Electoral Reform Campaigns: Challenges facing Non Party Political Movements (360 KB) In India, people’s movements and grass roots campaigns have traditionally participated in the political process by articulating the needs of the poor and socially marginalized and by […]

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  • 14 May 2004

    INDIA: The Largest Democratic Election in Human History

    By Vivek Ramkumar The largest democratic election in human history ended yesterday in India. Most of the headlines today focused on the horse race, that is, the surprising defeat of the ruling Bharatiya Janata Party and the return to power of the Congress Party. But the election process itself deserves attention, both for its extraordinary […]

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  • 24 February 2004

    Parliamentarians Flex Growing Organization, Make Request of Bank

    The chairman of an international group of parliamentarians has asked the World Bank to help assure a larger role for legislatures in setting the poverty-fighting strategies within their countries. The request marks one of the first times the parliamentarians have proposed a significant and specific policy change, according to persons familiar with the group’s history. […]

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  • 10 February 2004

    IFC Rejects Request to Translate Document into Hindi

    The International Finance Corporation recently rejected a request by an Indian group to translate an environmental report about a hydropower project into the local language, Hindi. The rejection means “the documents are available to the whole world, but sorry, affected people cannot be given it in the language they understand,” reacted Humanshu Thakkar Jan. 6 […]

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  • 11 October 2003

    “The Right to Know is Gaining around the World”

    by Thomas Blanton The International Herald Tribune, October 11, 2003, p. 6 Last month (September 23, 2003), Armenia became the 51st country in the world to guarantee its citizens the right to know what their government is up to. Armenia’s new freedom of information law is the latest outpost of the worldwide movement towards opening […]

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  • 31 January 2003

    World Bank Denies Access to Documents on Laos Dam Project

    The World Bank has rejected requests to disclose several key documents concerning the controversial $1.1 billion Nam Theun 2 hydropower project in Laos. The documents — the "power purchase agreement" and the "concession agreement" — must stay private, the Bank said, because they contain proprietary commercial information that the Bank said it promised not to […]

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  • 15 December 2002

    Freedom of Information Law Approved in India

    The Freedom of Information Bill 2002 By Prashant Bhushan National Campaign Committee for the People’s Right to Information Text of India’s Freedom of Information law (as passed by Lok Sabha): Word – PDF More than 5 years ago, the Shourie committee set up by the government had recommended the enactment of a legislation to effectuate […]

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  • 22 November 2002

    Ugandan Judge Orders Release of Key Document on Bujagali Dam

    Ugandan Judge Orders Release of Key Document on Bujagali Dam. Relying on the open government clause of the Ugandan constitution, a top Ugandan judge Nov. 12 ordered the release of a key document about a controversial dam project that the Ugandan government and the World Bank declined to disclose. More … Judge Rejects Government Claims. […]

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  • 1 November 2002

    Environmental Group Analysis PPA

    The International Rivers Network (IRN) commissioned the Prayas Energy Group, a policy analysis organization based in Pune, India, to review the PPA. The analysis found that the capital cost of the project is "excessively high." It also contended that "a number of unusual requirements will be detrimental to Uganda." In particular, the study said the […]

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  • 15 July 2002

    World’s Right to Know

    By Thomas Blanton Published in Foreign Policy, July/August 2002 During the last decade, 26 countries have enacted new legislation giving their citizens access to government information. Why? Because the concept of freedom of information is evolving from a moral indictment of secrecy to a tool for market regulation, more efficient government, and economic and technological […]

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links

LEGAL DOCUMENTS Constitution of India (1950)(English and Hindi)   The Right to Information Act, 2005 (In 13 languages)   Freedom of Information Act 2002, Act No. 5 of 2003, January 6, 2003 [PDF] [Word]   The Official Secrets Act, 1923, Act no. 19 of 1923   Public Records Act, 1993. No. 69 (22 December 1993) Implementing Rules   Circulars   GOVERNMENT Central Information Commission   RTI: A Citizen Gateway (By the Department of Personnel & Training)   Government portal for submission of Freedom of Information requests   Indian Government RTI Awareness Quiz   ORGANIZATIONS National Campaign for People's Right to Information (NCPRI)   Commonwealth Human Rights Initiative (CHRI)   RTI Foundation of India   Partivartan   Transparency International India   Satark Nagrik Sangathan   RTI India   The Hoot - Media South Asia   Public Cause Research Foundation   OTHER RESOURCES Peoples' Monitoring of the RTI regime in India 2011-2013by RTI Assessment and Advocacy Group (RaaG) and Samya- Centre for Equity Studies (CES) (2014)   Information Commissions and the Use of RTI Laws in IndiaCommonwealth Human Rights Initiative (2014)   University College of London background paper (2012) Blog listing of attacks on RTI activists   World Bank summary of RTI in India   An Analysis of the RTI Rules of the Supreme Court, the High Court and the Subordinate Courts, published 2010 by the Commonwealth Human Rights Initiative   India Together: Right to Information in India News   Right to Information Act of 2005 - A Primer from the National Campaign for People's Right to Information (PDF - 400 KB)   The Right to Information Act 2005 - A PowerPoint presentation by Shekhar Singh of the National Campaign for People's Right to Information (PPT - 172 KB)   CHRI Conference Report, Effective Implementation: Preparing to Operationalise the Right to Information Act, 2005   The Right to Know is the Right to Live Profile of a Remarkable Peoples' Movement in India that Links Information to Livelihood, the Mazdoor Kisan Shakti Sangathan (MKSS) (30 June 3004).   Deepak Mahaan, Interview with Aruna Roy and Nikhil Dey: Transparency and Poverty in India, Worldpress.org (21 March 2003).   HISTORICAL BACKGROUND Click to view. Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated July 2006)

HISTORICAL BACKGROUND

Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated July 2006) The Supreme Court ruled in 1975 that access to government information was an essential part of the fundamental right to freedom of speech and expression.(1) The Court ruled in 2002 that voters have a right to know information about candidates for elected offices and ordered the Election Commission to make candidates publish information about criminal records, assets, liabilities and educational qualifications.(2) The Right to Information Act was approved by the Parliament in May 2005 and signed by the President in June 2005.(3) Certain preliminary clauses went into effect immediately, but the entire Act came into force in October 2005. The Act replaces the Freedom of Information Act, 2002 which was adopted in January 2003 but never came into force.(4) Under the national Act, all Indian citizens have a right to ask to ask for information not only from Central Government public authorities, but also from public authorities under the jurisdiction of the states. This includes local level bodies (called panchayats). The Act covers all public authorities set up by the Constitution or statute, as well as bodies controlled or substantially financed by the Government or non-government organizations which are substantially funded by the Government. Citizens can not only request to inspect or copy information, but the Act also allows them to make an application to inspect public works and take samples. Applications must be submitted to a Public Information Officer (PIO) who must be appointed in every unit of a public authority. Applications may also be sent to an Assistant PIO, who should be appointed at local levels, who will forward the request to the relevant PIO. The PIO must respond in writing within thirty days or if the request concerns the life or liberty of a person, within 48 hours. The Act includes a list of exemptions, although they are all subject to a blanket override whereby information may be released if the public interest in disclosure outweighs the harm to the protected interest. Exemptions cover disclosures that would prejudicially affect the sovereignty and integrity of India, the security, strategic or economic interests of the State, relations with foreign States, would lead to incitement of an offence, has been expressly forbidden to be published by a court or tribunal, could constitute a contempt of court; would endanger the life or safety of a person or identify a source used by law enforcement bodies, would impede an investigation or apprehension or prosecution of an offender, would cause a breach of parliamentary privilege; Cabinet papers (although materials relied upon must be released after decisions are made), commercial confidence information, trade secrets or intellectual property where disclosure would harm the competitive position of a third party, information available due to a fiduciary relationship, information obtained in confidence from a foreign government and personal information which has no relationship to any public activity or which would cause an unwarranted invasion of privacy. An internal appeal can be made against decisions to a nominated person who is senior in rank to the PIO. A second appeal can be made to newly established Information Commissions at the Central and State levels or alternatively, a complaint can be made directly to these Commissions. Information Commissions have a broad remit to hear cases related to any matter relating to access under the Act. They have investigative powers and can make binding decisions. Information Commissions can make any order necessary to ensure compliance with the Act (including requiring a public authority to publish information, appoint PIOs, produce annual reports and make changes to record management), and can also order compensation and impose penalties. The Act attempts to bar appeals to the courts, but as the right to information is a constitutional right, it would appear that citizens still have the right to go to the High Court or Supreme Court if they feel their right has been infringed. Fines and disciplinary proceedings can be ordered for a range of offences, including refusing to access an application, delaying providing information (for which a daily penalty can be imposed), provision of false, misleading or incomplete information and obstruction of information officials. The Act also imposes duties to monitor and promote the law. All public authorities must proactive publish and disseminate a very wide range of information, including details of the services they provide, their organizational structure, their decision-making norms and rules, opportunities for public consultation, recipients of government subsidies, licences, concessions, or permits, categories of information held, and contact details of PIOs. Public authorities must also maintain indexes of all records and over time computerize and network their records. Information Commissions must monitor implementation and produce annual reports. To the extent that resources are available, Governments must also provide training for officials and conduct public education activities, including publishing a User's Guide. Implementation of the Right to Information Act has been varied across the country. The Central Government, which sponsored the Act, has been relatively active, although it was slow in putting in place systems, in ensuring fulsome proactive disclosure and in setting up the Central Information Commission. To date, more than 20 states have appointed Information Commissioners, although actually setting up and providing adequate resources to the Information Commission offices has often been slow. Applications are being made throughout the country, with varying levels of success. It has been reported that local panchayat officials have been particularly slow in coming to terms with their duties under the new law. Although the Official Secrets Act, 1923, which is based on the 1911 UK OSA, has not been repealed, the Right to Information Act specifically states that its provisions will have effect notwithstanding anything inconsistent in the OSA or any other law.(5) The OSA prohibits the unauthorized collection or disclosure of secret information and is frequently used against the media.(6) The Public Records Act, 1993 sets a thirty year rule for access to archives.(7) The Right to Information Act specifically states that information shall be provided under the Act after 20 years, but it then specifies that certain exemptions will still apply beyond this period. At the time the national Right to Information Act was passed, eight states and one territory had passed their own access laws, largely in response to pressure from local activists fighting corruption. Acts were passed in Tamil Nadu, (1997) Goa (1997), Rajasthan (2000), Karnataka (2000), Delhi (2001), Maharashtra (2002), Assam (2003), Madhya Pradesh (2003) and Jammu & Kashmir (2004). Uttar Pradesh and Chattisgarh also adopted Codes of Practice and Executive Orders on Access to Information.(8) With the passage of the national Act, the state laws are either lapsing or being specifically repealed. However, the Jammu and Kashmir Act will continue to operate in respect of state public authorities, because the Central Government cannot legislate for Jammu and Kashmir due to its special constitutional status. 2004 freedominfo.org Global Survey Results - India

 

 

Measuring Openness

Global Right to Information Rating
A country-by-country rating of laws by the Centre for Democracy and Law and Access Info.

Freedom House
The Freedom in the World report.

World Bank
Worldwide Governance Indicators

Transparency International, Corruption Perceptions Index
Measures perceptions of the degree of corruption.

Reporters Without Borders
The Press Freedom Index.