Ever wondered about how government departments collaborate with NGOs or international bodies like UNICEF? Understanding these partnerships can be crucial for citizens seeking transparency in public projects. This case highlights how the Right to Information (RTI) Act empowers citizens to access vital information, even when it involves international organizations and government bodies working together. It’s a stark reminder that delays and lack of transparency officials can have consequences.
Background: What Information Was Sought
An RTI applicant wanted to know if any proposals were received from or initiated or other NGOs regarding training for Master Trainers and Enumerators for the House Listing operation and Census 2011, as well as the National Population Register, specifically requesting 50% participation. This kind of information is important for understanding the planning and execution of major national exercises.
How the Public Authority Responded
The Public Information Officer (PIO) initially responded that the information was available with UNICEF and would be provided once received. However, this response was not timely. The applicant faced a significant delay of over 100 days before the matter reached the Central Information Commission (CIC) through a second appeal.
The CIC Hearing: What Happened
During the hearing of the show-cause notice issued to the PIO, the PIO explained that the information was held jointly office and a UN organization. They argued that since UN organizations are not directly under the Government of India’s control and involve international relations, it was necessary to consult with these UN bodies before sharing any information. The PIO also mentioned that the information held office, along with what was received from the UN bodies, was eventually uploaded on their website for public access. Furthermore, they claimed that the information under their control had already been provided to the appellant free of cost as per the CIC’s directions.
The CIC Order and Its Significance
The CIC, however, found the PIO’s explanation unsatisfactory. The Commission noted that the PIO had promised to provide the information as soon as it was received but failed to do so until the appeal was heard. Crucially, the CIC observed that much of the information was already in the PIO’s possession, and they had not made a genuine effort to share it. The Commission concluded that the PIO had not applied their mind to the request and that the explanation provided did not constitute a “reasonable cause” under Section 20(1) of the RTI Act. Consequently, the CIC held the PIO liable for obstructing the disclosure of information and imposed a penalty of Rs. 25,000/- under Section 20 of the RTI Act. This penalty is levied for unjustified delays and denial of information.
Key Lessons for RTI Applicants
- Lesson 1: Persistence Pays Off: Even if faced with initial delays or evasive responses, persistent follow-up through the RTI appeals process can lead to the disclosure of information.
- Lesson 2: PIO Accountability: Public Information Officers are accountable for providing information within the stipulated timeframes. Delays without a valid reason can lead to penalties.
- Lesson 3: Information Accessibility: Public authorities cannot withhold information simply because it involves collaboration with international bodies. If the information is held accessible to them, it should be provided, subject to exemptions under the RTI Act.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office is most likely to hold the information you seek.
- Draft Your Application Clearly: State precisely what information you require, referencing specific projects, dates, or types of documents.
- Submit Your Application: Fill out the prescribed RTI application form and submit it to the PIO of the concerned authority, along with the requisite fee.
- Follow Up and Appeal if Necessary: If you don’t receive a response within 30 days, or if the response is unsatisfactory, file a first appeal with the First Appellate Authority. If still unsatisfied, a second appeal can be filed with the CIC.
Sample RTI question you can use:
Please provide details of any proposals received from or initiated Non-Governmental Organisation (NGO) or international bodies, including UNICEF, concerning the planning, training, or execution of [mention specific project or operation, e.g., the 2011 Census House Listing Operation] within the jurisdiction of your department, along with any records of participation percentages or agreements.
Conclusion
This case serves as a powerful example of how the RTI Act can hold public officials accountable and ensure transparency. It empowers citizens to seek information about government interactions with NGOs and international organizations, fostering greater trust and accountability in public administration. Remember, the RTI Act is your right, and its effective use can bring about significant change.
