Living abroad doesn’t mean you lose your right to information about your own country. Many Indian citizens residing overseas often wonder if they can still exercise their rights under the Right to Information (RTI) Act, 2005. This article delves into a crucial case that clarifies this very question, explaining how you can access government information even if you’re miles away from India.
Background: What Information Was Sought
The case involved an Associate Professor who was formerly employed at the National University of Educational Planning & Administration (NUEPA). At the time of filing her RTI application, she was residing in the United Kingdom. Her RTI request was aimed at obtaining information regarding the extension of her probation period. This is a common type of query, where citizens seek clarity on their service conditions or administrative decisions affecting them.
How the Public Authority Responded
The Public Information Officer (PIO) of NUEPA responded that the RTI Act, as per Section 1(2), applies to the whole of India, excluding Jammu and Kashmir. Therefore, it logically does not extend to her current location in the United Kingdom. However, the PIO did offer a suggestion: since she was an Indian citizen, she could submit her application through the Indian Embassy in the United Kingdom. Based on this, the PIO considered the application disposed of. Subsequently, the appellant filed a First Appeal, but it was significantly delayed, occurring about 16 months after the PIO’s response, with a further three-month delay in filing the appeal after returning to India. The First Appellate Authority (FAA) dismissed the appeal primarily on the grounds of this inordinate delay, citing that the appellant’s reasons were personal and not relevant under the RTI Act to justify the delay.
The CIC Hearing: What Happened
The matter then reached the Central Information Commission (CIC). The Commission noted that the PIO’s initial stance was that the application wasn’t properly routed through the Indian High Commission. However, the CIC observed that the FAA had not adequately addressed this procedural point in his order. A crucial aspect highlighted CIC was the provision within the RTI Act that allows for condonation of delay. Specifically, the proviso to Section 19(2) empowers the FAA to accept a first appeal filed beyond the prescribed 30-day limit if the appellant can demonstrate sufficient cause for the delay. The CIC found that the FAA’s order did not explicitly state whether the appellant had failed to show sufficient cause for her delay. Therefore, the CIC felt it necessary for the FAA to re-examine the case with this provision in mind.
The CIC Order and Its Significance
The CIC directed the First Appellate Authority to revisit the matter and pass a fresh, appropriate order. This decision is significant because it emphasizes that the RTI Act is designed to be accessible to all Indian citizens, regardless of their current location. The CIC’s intervention suggests that simply being abroad should not automatically invalidate an RTI application, especially when the applicant is an Indian citizen seeking information pertaining to matters within India. The focus on the FAA’s duty to consider condonation of delay under Section 19(2) is also crucial. It reinforces that delays, if sufficiently justified, can be overlooked to ensure citizens are not deprived of their right to information. The core takeaway from the CIC’s view is that an RTI application does not necessarily need to be routed through an Indian embassy or High Commission.
Key Lessons for RTI Applicants
- Lesson 1: Your Citizenship Matters: As long as you are an Indian citizen, you have the right to file an RTI application concerning information held authorities in India, irrespective of your current country of residence.
- Lesson 2: Delays Can Be Condoned: If you are filing an appeal (First or Second) beyond the stipulated time frame, clearly state the reasons for the delay. If you can demonstrate “sufficient cause” as per Section 19(2) of the RTI Act, the appellate authority has the power to condone the delay.
- Lesson 3: Focus on the Information, Not Just Procedure: While procedural correctness is important, the spirit of the RTI Act is to provide information. If a PIO raises procedural hurdles, politely point out the provisions that allow you to proceed, and if denied, ensure your appeals clearly address these points.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or office holds the information you need.
- Draft Your RTI Application: Clearly state the information you seek. Be specific and concise. If you are abroad, mention your Indian citizenship and current address.
- Submit Your Application: You can submit your application either to the Public Information Officer (PIO) of the concerned department, or increasingly, through online portals if available. If submitting from abroad, consider using registered post for tracking.
- Pay the Fee: The RTI application fee is typically Rs. 10. You can usually pay through a demand draft or Indian postal order payable to the Accounts Officer of the concerned department.
Sample RTI question you can use:
“I am an Indian citizen currently residing at [Your Overseas Address]. I am seeking information regarding [Specify the exact information you need, e.g., the policy and procedure followed for extension of probation for employees of NUEPA during the period from YYYY to YYYY]. Please provide a copy of relevant documents, circulars, and decisions pertaining to this matter.”
Conclusion
This case serves as a vital reminder that the Right to Information Act is a powerful tool for all Indian citizens, including those living abroad. While procedural aspects need attention, the fundamental right to seek information remains intact. Don’t let geographical distance deter you from seeking transparency and accountability from government bodies. your rights and the provisions of the Act, you can effectively utilize RTI to get the information you are entitled to.
