Worried to death over proposed RTI rule -Governance Now

Worried to death over proposed RTI rule

The proceedings pending before the Commission shall abate on the death of the appellant, says proposed RTI rule

GN Bureau | April 4, 2017

#right to information #RTI

If you are an RTI activist or someone who intends to use RTI to expose any wrongdoing, then a new set of proposed rules should leave you very worried. It says that the proceedings pending before the commission shall abate on the death of the appellant, which clearly makes RTI activists vulnerable.

Read: Under Modi rule, RTI rejection rate goes up

The government has sought suggestions for the new draft RTI proposal and the proposed rules are meant to replace the RTI rules of 2012.

Read: RTI activism: A few fearless, good people

Here is that particular rule which has got the goat of activists:

Withdrawal/Abatement of Appeal :-

(1) The Commission may in its discretion allow a prayer for withdrawal of an appeal if such a prayer is made by the appellant on an application made in writing duly signed or during hearing. However, no such prayer may be entertained by the Commission after the matter has been finally heard or a decision. or order has been pronounced by the Commission.

(2) The proceedings pending before the Commission shall abate on the death of the appellant.

In other civil matters, the next of kin can be made a party to a case. But, this will no longer be so. If the appellant dies, then the matter is over. This can clearly pose a threat to the lives of people who successfully use RTI for various expose.

It would have been better if the RTI case would have continued even after death, since the whole idea of having the RTI is to bring out the shortcomings.

The proposed rules have been put up on the Department of Personnel and Training website for comments from people.

The fees too has gone up. The proposed new rates are:

(a) Rs two for each page in A-3 or smaller size paper;

(b) actual cost or price of a photocopy in large size paper;

(d) Rs 50 per diskette or floppy;

(e) price fixed for a publication or Rs two per page of photocopy for extracts from the publication;

(f) no fee for inspection of records for the first hour of inspection and a fee of Rs 5 for each subsequent hours or fraction thereof; and

(g) so much of postal charge involved in supply of information that exceeds fifty rupees.

In the procedure for deciding complaints, the rule makes it clear that “the Commission may in its discretion allow a prayer for any amendment of a complaint during the course of its hearing, including conversion of the complaint into second appeal, if available remedies have been exhausted, on a prayer made by the complainant. However, no such prayer may be entertained by the Commission after the matter has been finally heard or a decision or order has been pronounced by the Commission”.

In the case of appeal, there is going to be a lot of paperwork:

Any person aggrieved by an order passed by the First Appellate Authority or by non —disposal of his appeal by the First Appellate Authority, may file an appeal to the Commission either online or offline in the format and shall be accompanied by the following documents, duly authenticated and verified by the appellant, namely:-

(i)a copy of the application submitted to the Central Public Information Officer;

(ii) a copy of the reply received, if any , from the Central Public Information Officer;

(iii) a copy of the appeal made to the First Appellate Authority;

(iv) a copy of the order received, if any, from the First Appellate Authority;

(v) copies of other documents, if any, relied upon by the appellant and referred to in his appeal;

(vi) an index of the documents referred to in the appeal;

(vii) A request for condonation of delay in submission of appeal wherever required, giving reasons.

(viii) A certificate stating that the matter under appeal has not been previously filed and disposed or are pending, with the Commission or any court; and

(ix) Proof of service of appeal to respondent.

Read: Framing RTI Rules, 2017 in supersession of RTI Rules, 2012 — comments regarding

Comments

Other News

India faces critical shortage of skin donors amid rising burn cases

India reports nearly 70 lakh burn injury cases every year, resulting in approximately 1.4 lakh deaths annually. Experts estimate that up to 50% of these lives could be saved with adequate access to skin donations. A significant concern is that around 70% of burn victims fall wi

Not just politics, let`s discuss policies too

Why public policy matters Most days, India`s loudest debates stop at the ballot box. We can name every major leader and recall every campaign slogan. Still, far fewer of us can explain why a widow`s pension is delayed or how a government school`s budget is actually approved. That

When algorithms decide and children die

The images have not left me, of dead and wounded children being carried in the arms of the medics and relatives to the ambulances and hospitals. On February 28, at the start of Operation Epic Fury, cruise missiles struck the Shajareh Tayyebeh school – officially named a girls’ school, in Minab,

The economics of representation: Why women in power matter

India’s democracy has grown in scale, but not quite in balance. Women today are active participants in elections, influencing outcomes in ways that were not as visible earlier. Yet their presence in legislative institutions continues to lag behind. The Nari Shakti Vandan Adhiniyam was meant to addres

India will be powerful, not aggressive: Bhaiyyaji

India is poised to emerge as a global power but will remain rooted in its civilisational ethos of non-aggression and harmony, former RSS General Secretary Suresh `Bhaiyyaji` Joshi has said. He was speaking at the launch of “Rashtrabhav,” a book by Ravindra Sathe

AI: Code, Control, Conquer

India today stands at a critical juncture in the area of artificial intelligence. While the country is among the fastest adopters of AI in the world, it remains heavily reliant on technologies developed elsewhere. This paradox, experts warn, cannot persist if India seeks technological sovereignty.