Many Indian citizens face language barriers when interacting with government departments. The Right to Information Act, 2005, is a powerful tool for transparency, but what if your primary language isn’t Hindi or English? This case highlights a common concern: can you use your preferred language, like Urdu, to file an RTI application and get the information you need? Let’s explore what happened and what it means for you.
Background: What Information Was Sought
In this specific case, an appellant decided to file an RTI application using the Urdu language. The application was initially sent to the Office of the Chief Minister. However, the Public Information Officer (PIO) at this office reportedly returned the application. The reason cited was the lack of an Urdu translator within the office, suggesting the application be resubmitted in Hindi or English. This response led the appellant to believe their right to information was being unfairly obstructed, prompting them to approach higher authorities.
How the Public Authority Responded
The initial response from the PIO of the Office of the Chief Minister was to return the application due to the language barrier. This action was perceived appellant as improper and contrary to the fundamental principles of the RTI Act. Subsequently, the application was transferred to the Art, Culture and Language Department, whose PIO eventually provided a reply to the applicant. However, the initial refusal to accept the application in Urdu formed the crux of the complaint, with the appellant seeking a penalty against the PIO of the Chief Minister’s Office for this perceived lapse.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the appellant reiterated their grievance. They argued that the PIO of the Office of the Chief Minister had acted improperly the application solely because it was in Urdu and the office lacked a translator. The appellant felt this was a deliberate attempt to deny them information and sought the imposition of the maximum penalty on the PIO for this action. The CIC heard arguments from both sides, considering the practical challenges faced authorities and the rights guaranteed under the RTI Act.
The CIC Order and Its Significance
The Central Information Commission, after reviewing the case, made a significant observation. The Commission noted that the PIO of the Office of the Chief Minister had not intentionally withheld any information. Instead, the issue stemmed from a practical difficulty – the absence of an Urdu translator. The CIC acknowledged that this was a logistical challenge that led the PIO to return the application with a suggestion to resubmit it in Hindi or English. While not imposing a penalty, the CIC recognized the need to prevent such situations from recurring and recommended that the Office of the Chief Minister, Delhi, take necessary steps to address these linguistic challenges. Furthermore, the Commission directed the PIO of the Art, Culture and Language Department to formally serve this order to the PIO of the Office of the Chief Minister, ensuring accountability and awareness.
Key Lessons for RTI Applicants
- Lesson 1: Language is Not an Absolute Barrier: While Hindi and English are the most common languages for government communication, the RTI Act aims to be inclusive. This case suggests that while a direct response might not be immediately available in every language, the authorities should make reasonable efforts to facilitate access to information. The Act does not explicitly state that applications must be in Hindi or English only.
- Lesson 2: Practical Difficulties vs. Deliberate Obstruction: The CIC differentiated between a genuine practical difficulty and a deliberate attempt to deny information. In this instance, the lack of a translator was deemed a practical issue, not a malicious act. This understanding is crucial for applicants when framing their complaints.
- Lesson 3: Focus on Information Access: The ultimate goal of the RTI Act is to provide access to information. Even if an application is initially returned due to language, the subsequent transfer and response department demonstrate a commitment to fulfilling the request, albeit with a delay. The CIC’s recommendation for improvement underscores the importance of proactive measures authorities.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or office holds the information you need.
- Draft Your Application: Write your RTI application clearly stating the information you seek. You can use your preferred language, but be prepared that the response might be in Hindi or English if translators are unavailable.
- Submit and Pay Fees: Submit your application to the Public Information Officer (PIO) of the concerned authority along with the prescribed fee.
- Follow Up and Appeal: If you do not receive a response within 30 days (or 35 days if the PIO is not the head of the department), or if the response is unsatisfactory, you can file a first appeal under Section 19 of the RTI Act.
Sample RTI question you can use:
Please provide details of the grievance redressal mechanism available for citizens who face language barriers when submitting official documents to your department.
Conclusion
This case serves as an important reminder that the RTI Act is designed for all citizens. While language can present challenges, the spirit of the law encourages authorities to facilitate access to information. If you encounter a similar situation, understand that a practical difficulty might be the reason, but don’t hesitate to pursue your right. The CIC’s recommendation to the Office of the Chief Minister to establish translation facilities is a positive step towards making governance more accessible to everyone, regardless of the language they speak. Keep filing your RTIs and ensure transparency in governance.
