Many citizens in India face financial challenges, and for those below the poverty line (BPL), accessing information and educational materials can be even more difficult. A common question that arises is whether BPL citizens are entitled to receive priced publications from government departments free of cost, especially when seeking this information through the Right to Information (RTI) Act. This case sheds light on this important issue, clarifying the rights and limitations of RTI applicants regarding priced publications.
Background: What Information Was Sought
An appellant, identifying as a person below the poverty line (BPL), filed an RTI application with the Ministry of Information & Broadcasting. The appellant requested published copies of all books and publications, across all subjects and languages, produced Ministry’s Publications Division. The core of the request was to receive these priced publications free of charge, citing their BPL status.
How the Public Authority Responded
The Public Information Officer (PIO) of the Ministry responded that the books and journals published Publications Division are priced publications. They clarified that these could not be supplied free of cost to anyone. The PIO did provide a copy of the catalogue of all the publications, which listed the prices.
The CIC Hearing: What Happened
The matter eventually reached the Central Information Commission (CIC) for a hearing. The appellant argued that Rule 4(e) of the RTI Rules 2012, which deals with the supply of priced publications, should allow them to receive these materials for free. This rule states that a priced publication can be made available either at its fixed price or at a rate of two rupees per page for extracts. The appellant interpreted this to mean that as a BPL citizen, they should not have to pay for these publications.
On the other hand, the respondent from the Ministry argued that the publications were readily available in the public domain for purchase citizen. They maintained that these priced materials could not be provided freely to anyone, including the appellant. The respondent also referenced previous CIC decisions that held that priced publications are not generally available under RTI and must be purchased.
The CIC Order and Its Significance
The Commission carefully considered the arguments and the relevant rules. The CIC observed that the publications sought appellant were indeed available to the public against their printed cost. These could be purchased from booksellers, sales agencies, or directly from the Publications Division. The Commission reiterated the provisions of Rule 4(e) of the RTI Rules 2012. It clarified that if an applicant wants the entire publication, they must pay the fixed price. If they only require extracts from a publication, they would have to pay two rupees per page.
Crucially, the CIC ruled that this rule clearly distinguishes between obtaining a whole publication and obtaining extracts. The Commission stated that Rule 4(e) does not imply that priced publications can be obtained under RTI only photocopying charges or, more importantly, that BPL citizens are entitled to them for free. Therefore, the CIC rejected the appeal, upholding the PIO’s decision.
Key Lessons for RTI Applicants
- Lesson 1: Understanding Priced Publications: The RTI Act allows access to information, but it does not mandate the free provision of priced publications. If a publication has a fixed price, you generally need to pay that price to obtain it, regardless of your BPL status.
- Lesson 2: Differentiating Between Whole Publications and Extracts: Rule 4(e) of the RTI Rules 2012 provides a specific mechanism for obtaining extracts from priced publications at a per-page rate. This is different from claiming the entire publication for free.
- Lesson 3: BPL Status and RTI Entitlements: While the RTI Act waives the fee for filing an RTI application for BPL citizens, this waiver applies to the application fee itself, not to the cost of obtaining documents or publications that have a market price. Your BPL status does not grant you the right to receive priced materials free of charge through an RTI request.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or public authority is responsible for the publication you are interested in.
- Draft Your RTI Application: Clearly state the specific publication(s) you are seeking. If you are interested in extracts, specify the parts you need.
- Mention Your BPL Status (Optional but Recommended): While it won’t entitle you to free publications, you can mention your BPL status to claim the application fee waiver.
- Submit and Pay Application Fee: Submit your application to the relevant Public Information Officer (PIO). If you are not BPL, you will need to pay the prescribed application fee.
Sample RTI question you can use:
“Please provide a copy of the publication titled ‘[Publication Name]’ published department. If the entire publication is not available, please provide extracts from Chapter [X] and Chapter [Y].”
Conclusion
This CIC decision provides an important clarification for all Indian citizens, especially those below the poverty line. While the RTI Act is a powerful tool for accessing information and promoting transparency, it operates within specific legal frameworks. Priced publications remain subject to their stated costs. Understanding these nuances will help RTI applicants formulate their requests effectively and manage their expectations, ensuring they can continue to utilize the RTI Act to its fullest potential for legitimate information needs.
