Many ordinary Indian citizens seek information from government departments, and sometimes this information is available in the form of books, reports, or cultural packages. A crucial question arises: can these priced publications be obtained for free under the Right to Information (RTI) Act, especially if one belongs to a Below Poverty Line (BPL) category? This case delves into whether the RTI Act mandates the free distribution of government-published priced materials, even for those facing economic hardship.
Background: What Information Was Sought
In this case, the applicant, who was an undertrial prisoner, requested copies of 19 publications from the Centre for Cultural Research and Training (CCRT). These included cultural packages, reports, and books. The Public Information Officer (PIO) responded a product catalogue detailing these publications and informed the applicant that they were priced. The PIO requested a Demand Draft of Rs. 3573/- for the total cost of the available publications. The applicant, claiming to be in the Below Poverty Line (BPL) category, argued that he should receive these books free of cost. He filed a first appeal asserting his right to obtain the publications without payment due to his BPL status. However, the First Appellate Authority (FAA) rejected the appeal, stating that the applicant had not sought information but rather priced publications produced CCRT.
How the Public Authority Responded
The Public Information Officer (PIO) initially provided a catalogue of the priced publications and requested payment for them. The First Appellate Authority (FAA) upheld the PIO’s decision, essentially stating that the RTI Act was not meant for obtaining priced materials for free. The authorities focused on the fact that the publications had a price attached, implying they were commercial products rather than freely accessible information.
The CIC Hearing: What Happened
The matter then reached the Central Information Commission (CIC). The appellant presented a court order from the City Civil Court, Greater Mumbai, to support his claim that he did not need a formal certificate to prove his BPL status, as he had been an undertrial prisoner since 2006. The CIC examined the definitions of ‘information’ and ‘record’ under Sections 2(f) and 2(i) of the RTI Act. The Commission acknowledged that documents, books, and cultural packages clearly qualify as ‘information’. However, the central question before the CIC was whether the mere fact that a material is ‘information’ automatically entitles a citizen to access it under the RTI Act. The Commission also referred to Section 2(j) of the RTI Act, which defines the ‘right to information’ as the right to information accessible under the Act that is held under the control of any public authority. This includes the right to inspect documents and obtain certified copies. The CIC highlighted that if information is not held under the control of a public authority, a citizen cannot seek it from that specific authority. Crucially, the Commission noted that information which is made available to the public through priced publications is no longer considered ‘held by’ or ‘under the control of’ the PIO. Such information, once in the public domain as a priced item, ceases to be accessible under the RTI Act in the same way as other government records. The CIC also referenced previous orders, such as [Mr. K. Lall vs. Mr. M.K. Bagri, Assistant Registrar of Companies & CPIO] and Appeal No. CIC/WB/A/2008/000961-SM dated 26.09.2007, which established this principle.
The CIC Order and Its Significance
The CIC ruled that providing copies of priced publications free of cost under the RTI Act was not justified. The Commission reasoned that these materials were already available to the public upon payment. To compel the public authority to provide them for free would not only be an obligation not intended Act but could also potentially violate the Copyrights Act, as copyright might vest with entities other than the state. Furthermore, the CIC clarified that the proviso to Section 7(5) of the RTI Act, which exempts BPL individuals from paying fees for information, could not be applied here. This exemption applies when the information is ‘held by’ the PIO and access is being provided under the Act. Since the priced publications were considered outside the direct control and ‘held by’ status for free distribution, the BPL provision did not apply. Access to such priced publications, the CIC stated, must be on the basis of prescribed payment. Consequently, the CIC rejected the appeal.
Key Lessons for RTI Applicants
- Lesson 1: Differentiate Between Information and Priced Publications: Understand that while government-published books and reports are technically ‘information’, if they are designated as ‘priced publications’ and made available for sale, they are treated differently from general government records under the RTI Act.
- Lesson 2: RTI is Not a Tool for Free Procurement: The RTI Act is primarily for seeking information that is held under the control of public authorities. It is not intended to bypass the established procedures for purchasing government-produced materials that have a stated price.
- Lesson 3: BPL Exemption Has Limitations: The exemption from fees for BPL citizens under Section 7(5) applies to information accessible under the Act that is held public authority. It does not automatically extend to obtaining priced publications for free, especially when such publications are already available for purchase.
How to File a Similar RTI Application
- Identify the Public Authority: Determine the specific department or organization that holds the information you need.
- Draft Your RTI Application Clearly: State precisely what information you are seeking. If you are requesting publications, be specific about the titles or types of documents.
- Acknowledge Pricing if Known: If you are aware that the requested items are priced publications, you might still file an RTI application to inquire about the cost and availability. However, do not frame the request as demanding them for free based solely on your BPL status.
- Understand the PIO’s Response: Be prepared for the PIO to inform you about the cost. If you are BPL, you can still inquire if there are any specific schemes or provisions for subsidized access, but do not expect free provision under the standard RTI fee waiver.
Sample RTI question you can use:
“Please provide details of the procedure and cost for obtaining copies of the publication titled ‘[Publication Name]’ published department. If any specific schemes exist for individuals below the poverty line to access such publications, please provide details.”
Conclusion
This case serves as an important clarification for RTI users. While the RTI Act empowers citizens to access a vast range of government information, it is not a universal conduit for obtaining government-produced materials for free, especially when those materials are priced publications. The distinction between freely accessible information and priced publications is crucial. Citizens seeking priced publications should be prepared to pay the prescribed charges, even if they fall under the BPL category, unless specific government schemes offer subsidized access. Understanding these nuances will help RTI applicants frame their requests effectively and manage their expectations when dealing with priced government materials.
