Understanding how criteria for inclusion in the Scheduled Tribes list are determined is crucial for many citizens. The Right to Information (RTI) Act empowers you to seek such information from government bodies. This article explores an RTI case where an applicant sought clarity on the criteria for inclusion in the Scheduled Tribes list, highlighting what information is accessible and the limitations of the RTI Act.
Background: What Information Was Sought
An RTI applicant filed seven applications with the Ministry of Tribal Affairs, seeking specific details regarding the criteria used for including communities in the list of Scheduled Tribes. This wasn’t the first time the applicant had sought similar information; they had a history of filing multiple RTI applications on this subject. The Public Information Officer (PIO) of the Ministry responded that the modalities for inclusion or exclusion of castes and tribes were laid down in a note approved Cabinet Committee. However, this note had never been officially published in the Gazette of India. The PIO provided the applicant with a copy of this note, along with all its enclosures.
How the Public Authority Responded
The PIO’s initial response offered the Cabinet Committee approved note as the primary source of information. The applicant, however, seemed to be looking for more detailed or perhaps a different kind of information than what was provided. The PIO maintained that this note constituted all the available information on the subject from the Ministry’s end. The response essentially stated that no other specific format or additional information was prescribed Ministry or the Government of India beyond the Cabinet Committee’s approved modalities for collecting data on this matter.
The CIC Hearing: What Happened
During the Central Information Commission (CIC) hearing, the representative from the Ministry of Tribal Affairs reiterated their stance. They informed the CIC that the Ministry possessed no further information to offer beyond the note detailing the modalities, which had been approved Cabinet Committee way back in 1999 and subsequently modified in 2002. The respondent clarified that, apart from these established modalities, neither the Ministry nor the Government of India had put in place any specific format or procedure for collecting information on the criteria for Scheduled Tribe inclusion. The PIO’s submission emphasized that there was nothing more the Ministry could provide to the applicant on this particular subject.
The CIC Order and Its Significance
The Central Information Commission, after hearing both sides, made a crucial observation. The Commission concluded that all the material information available on the subject had indeed been furnished to the appellant. The CIC further clarified that the RTI Act is designed to provide access to existing information and not to compel a public authority to create new documents or to fundamentally alter existing policies. In this case, the CIC held that if the applicant felt that the modalities approved Cabinet Committee were not specific enough or required improvement, this was a matter that needed to be addressed with the appropriate policy-making authorities, not through an RTI application. The Commission explicitly stated that such a grievance or suggestion for policy improvement could not be achieved through the RTI mechanism.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Scope of RTI: The RTI Act is a powerful tool for accessing existing government records and information. It is not a platform to demand policy changes, seek personal opinions, or compel authorities to create new data. The CIC’s decision highlights that if you are dissatisfied with the content or specificity of existing policy, RTI is not the avenue to seek its revision.
- Lesson 2: PIO’s Obligation is to Provide Available Information: The Public Information Officer’s duty is to provide information that is held under the control of the public authority. Once they have provided all accessible and relevant documents, as was done in this case with the Cabinet Committee note, their obligation under Section 7 of the RTI Act is largely fulfilled concerning that specific request.
- Lesson 3: Differentiate Between Information Access and Policy Critique: While RTI can shed light on how policies are made and implemented, it cannot be used to directly challenge or alter those policies. If your goal is to influence policy, you need to engage with the relevant government departments through other channels, such as public consultations, representations, or for legislative changes.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government ministry or department is responsible for matters related to Scheduled Tribes. In this case, it was the Ministry of Tribal Affairs.
- Draft Your RTI Application Clearly: State precisely what information you are seeking. Be specific about the criteria, guidelines, or any other documentation related to the inclusion of communities in the Scheduled Tribes list.
- Specify the Time Period (if applicable): If you are looking for information from a particular period, mention it in your application.
- Be Prepared for the Response: Understand that you will receive the information that is available with the public authority. If the information sought is subjective or relates to policy formulation, the response might be limited to existing documents or statements of policy.
Sample RTI question you can use:
Under Section 6(1) and 7(1) of the RTI Act, 2005, please provide a copy of the current criteria and guidelines followed Government for the inclusion of any community in the list of Scheduled Tribes. Please also provide details of the process and the authorities involved in the final decision-making for such inclusions.
Conclusion
This case serves as an important reminder that while the RTI Act is an invaluable tool for transparency and accountability, it has its boundaries. Citizens can indeed use RTI to obtain information about the criteria for Scheduled Tribes inclusion. However, if the goal extends to questioning or seeking changes to the established criteria themselves, citizens must recognize that such objectives lie beyond the direct purview of an RTI request and require engagement with policy-making processes. Filing an RTI application is the first step in seeking clarity, and understanding its scope ensures that your efforts are directed effectively towards achieving your information needs.
