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Understand RTI (Right to Information Act of India) in Real World

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  1. #1
    psnswaminathan
    psnswaminathan is offline eTI Iron

    Understand RTI (Right to Information Act of India) in Real World

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    Constitution of India gives freedom to its citizens in many respect, important among them is equality before law.

    let me take few examples how RTI Act protect the right of citzen to enjoy the freedom enjopined under the constituion of India.

    [p.s] Constition of India is the mother of all Laws and Acts, rules, regulation, orders, etc., (whatever may be) is a complex issue and if time permit let us disccuss them at a later time.

    exazmples :
    e.g. there are two persons owning land at adjoining area (very close by or as neighbour hood. [for argument purpose let us take the land is pooramboke (not owned by anyone, according it belongs to Government, or Patta Land (ownership given by Government to present land owners) or self earned/owned property, etc., or Agricultural Land. In this case competent authority (say Municipality or Panchayat) give permission to one land owner to construct house and deny such permission to the other. The affected gentleman approached the authorities, but of no avail. He requested the competent authority to give justification for sanctioning house construction permit to one person and deny the benefit to the other who similarly placed. He knocked the doors of all - none respond to him - authorities kept silent.
    HOW the affected person get justice under equility before the law enshined under the Constitution of India.
    HERE Right to Information Act (RTI Act) comes to the rescue of the deprieved person enabling him to get the information why one person got the permission to construct the house and the other's applicant got rejected. for the same purpose.

    If injustice has been done, the deprived person can go to the Court with the information which he has got under the RTI Act and get justice.

    one can apply this rule for any situations

    e.g. there are two students in the same class - one is extraordinarily brilliant and the other is weak in all (or some subjects). Brilliant student fails in the examination, but the poor student passes in the examination. The deprived student would have got primemafaci evidence that there is some chasing behind the issue. If he has authentic information (not hearsay) , but has no proof, the deprived student can use the RTI Act and get justice.

    RTI Act should not be misused - but should be applied for genuine purposes where one should have primafacie evidences, and valid proof is lacking - in such cases RTI Act will come to the rescue for the genuinely deprived citizens.

    Again it is an enabling act which makes Constitution of India to come to the rescue of the deprived class.

    it is like this "crying baby will alone get the milk" not that all the crying babies will get the milk - crying may because of hungry - crying may due illness are different category. If hungry - baby will get the milk - if illness baby will get bitter pill. Hope one can understand the rationale behind every Act and Laws of Land.

    How many of eTI community really interested to know their rights under Constitution of India in general and RTI Act in particular - please share your views - then let us make the next step.

    Constitution of India is mother of all Acts/Laws, etc., the RTI Act operates every section (Article) of the Constitution - my answers will run concurrently with Constitution and RTI Act - the subject is very dry subject - but the knowledge of indivudual rights is valuable.

    weigh the pros and cons and join with us for discussion.

    with kind regards

    sincerely

    your brother

  2. #2
    psnswaminathan
    psnswaminathan is offline eTI Iron

    Re: RTI Act

    a wild thinking
    1) suppose one feel unsecured for himself, for his family and for the public due to the presence of a dog in the next door.
    yes - (to some extent) one can request the Corporation/Municipality (whatever may be) to get the certification from Vetinary Doctor/Public Health, that dog is vacinated and in sound/healthy condition. the concerned authority will enquire with the neighbour to find out whether his dog has vaccinatedand being maintained in good health in order to secure peaceful existance for the neighbours and provide you the informations.

    2) can you get the list of history sheeters from nearby police station for public safety

    yes you can get [p.s. you have to safeguard your life against possible threat to life from history sheeters - Government cannot afford to give 24 hours protection to 100 crores population]

    3) you have some primafacie information and wanted to file Public Interest Litigation (PIL) can you get authentic informations from concerned authorities.
    ye you can get.

    4) as a third party (without having self-centred interest - without bias) can you get certain information under RTI Act.

    yes you can get it.

    5) You are running a business and participating in Government Tenders. Can you get information on the transparancy of tendering process, evaluation and selection.

    yes you can get the information. - In the case of Open/Public Tender, the government Officials itself associate the Tenders during the Tender Opening process and read all the details of tenders belong to competing Tenderers.
    If any business house is genuinely feel aggrived (with primafacie evidence - that need not to be disclosed - but it should be genuine) - then the Business house can even call for copies of all (or any one) of the Tender/s and the authoriites must provide the copies to the Business house, by which transparancy is ensured. If the aggrived firm doubt is genuine, they can go for appeal to Head of Office of the Government Office or seek court intervention. Under Constitution, Business interest is protected.

    6) suppose you feel shy of asking those details - can RTI Act on suomotto give remedy for you inaction to protect yourself.

    no - not at all possible.

    7) after getting information, suppose you are silent - will RTI Act comes to you rescue

    no = not at all.

    let me continue in next session


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