Navigating government records can be challenging, especially when dealing with historical documents in a language you don’t understand. This case highlights how the Right to Information (RTI) Act can empower citizens to access and understand crucial information, even when faced with language barriers and old, fragile records. It demonstrates that RTI is not just about obtaining documents, but also about facilitating understanding and access to justice.
Background: What Information Was Sought
The applicant in this case was trying to understand the status of land inherited from his father. The inheritance was based on a Jamabandi (land revenue record) dating back to 1897-98. He filed an RTI application with the Department of Revenue seeking to ascertain if any of this land remained un-acquired awardee. He also wanted to know if compensation had been paid for any acquired land, or if it was pending payment to legal heirs. Furthermore, he requested the names and addresses of individuals to whom acquired land had been released, along with photocopies of relevant documents. The Public Information Officer (PIO) initially stated that the information might be in the Central Record Room and suggested transferring the application to the Tehsildar (HQ) Central Record Room, which was then approved First Appellate Authority (FAA).
How the Public Authority Responded
The public authority, after the application was transferred, conducted a search. They managed to retrieve some records related to the applicant’s query. However, these retrieved papers were over 100 years old, torn, and written in Urdu. The respondent informed the Central Information Commission (CIC) that they had managed to piece together the torn papers and make photocopies. They agreed to provide these photocopies to the applicant.
The CIC Hearing: What Happened
During the hearing before the CIC, the respondent presented the retrieved records. The condition of these documents – being over a century old, torn, and in Urdu – presented a significant hurdle for the applicant to understand and utilize the information. The respondent confirmed their efforts to preserve and copy these fragile documents, and their willingness to provide them. The core issue then shifted to how the applicant could effectively access and interpret this information, given the language barrier and the physical state of the records.
The CIC Order and Its Significance
The CIC, acknowledging the antiquity and the language of the records, made a crucial decision. It directed that the appellant be allowed to visit the PIO’s office. Critically, the CIC ruled that the appellant could be accompanied **Urdu translator**. This translator would assist the appellant in inspecting all the records pertaining to the Jamabandi. The purpose of this inspection was to help the translator identify the specific documents the appellant required. The CIC further ordered that **photocopies of up to 100 pages** of the documents identified appellant would be provided **free of cost**. For any pages exceeding this limit, a nominal charge of Rs 2/- per page would apply. This order is significant because it goes beyond simply providing documents; it facilitates a practical mechanism for the applicant to understand them, there the spirit of the RTI Act.
Key Lessons for RTI Applicants
- Lesson 1: Language Barriers are Not Insurmountable: This case shows that even if official records are in a language you don’t understand, the RTI Act, with the intervention of the CIC, can facilitate access. Bringing a translator is a practical solution recognized Commission.
- Lesson 2: The Condition of Records Matters: When historical or fragile documents are involved, the PIO has a duty to make reasonable efforts to preserve and present them. The CIC’s order to allow inspection with a translator underscores the importance of making information accessible, not just available.
- Lesson 3: CIC Can Provide Practical Solutions: The CIC is not just an adjudicating body; it can also devise practical ways to ensure information is accessible. The decision to allow free photocopies for a certain number of pages and the provision for a translator demonstrates this.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or office holds the records you need. For land records, it’s usually the Revenue Department or a related local land records office.
- Draft Your RTI Application Clearly: State precisely what information you are seeking. If you anticipate language issues or the records might be old, mention this and request reasonable assistance or inspection facilities.
- Submit the Application and Fee: Pay the prescribed RTI application fee and submit the application to the PIO of the concerned department.
- Follow Up and Appeal if Necessary: If you don’t receive a satisfactory response within the stipulated time (usually 30 days, or 35 days if the PIO’s office is not the HQ), file a First Appeal. If the First Appellate Authority’s decision is also unsatisfactory, you can then file a Second Appeal with the Central Information Commission (CIC).
Sample RTI question you can use:
“Please provide details and photocopies of all Jamabandi records pertaining to land inherited by [Your Name/Father’s Name] from [Previous Owner’s Name] as per records available from [Year]. If the records are in a language I do not understand, please provide assistance for inspection with a translator, and provide photocopies of the relevant identified documents.”
Conclusion
This case is a powerful reminder that the RTI Act is a tool for empowerment. It ensures that citizens are not left in the dark due to bureaucratic hurdles, language barriers, or the age of documents. your rights and utilizing the mechanisms provided Act, you can unlock vital information that affects your property, your rights, and your understanding of government actions. Don’t hesitate to use RTI to seek clarity and ensure accountability, even when dealing with complex or historical information.
