Many citizens across India rely on the Right to Information (RTI) Act to get crucial information from government bodies. But what happens when there’s a slight delay in getting a response? Does a minor delay mean you get all the information for free? This case explored just that, offering valuable insights for every RTI applicant. It highlights how the Central Information Commission (CIC) views delays and the rights of citizens when dealing with large volumes of information.
Background: What Information Was Sought
An applicant filed an RTI request with the Directorate of Information & Publicity, Government of NCT of Delhi. They wanted to know which newspapers were approved for government advertisements and details about those advertisements. The Public Information Officer (PIO) provided some information and then asked the applicant to pay a significant sum of Rs. 4950/- for the copies of the documents they had requested. This amount was for the extensive documentation related to the approved newspapers and their advertisements.
How the Public Authority Responded
The PIO did respond to the RTI application point-wise information. However, they also levied a substantial fee of Rs. 4950/- for the copies of the documents. The applicant felt that the reply did not reach them within the stipulated 30-day period as mandated RTI Act, and therefore, they believed they should receive the information free of cost.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the applicant argued their case. They contended that because the PIO’s reply had been delayed beyond the 30-day limit, the entire information sought should be provided to them without any charge. They cited the provisions of the RTI Act that mandate timely responses and penalties for delays.
The CIC Order and Its Significance
The CIC, after hearing both sides, made a considered decision. The Commission acknowledged that the information requested appellant was extensive, running into thousands of pages. They noted that it would be unreasonable to provide such a vast amount of information free of cost, especially when the delay was only marginal – one or two days. The CIC directed that the first 100 pages of the requested information would be provided to the appellant free of charge. For any pages beyond the first 100, the appellant would be required to pay the prescribed fee as per the RTI rules. Furthermore, the CIC offered the appellant the option to inspect the records. If the appellant chose to inspect the documents, they could identify the specific pages they needed. In such a scenario, the first 100 pages would still be provided free, and a fee would apply for the rest. If the appellant decided not to inspect the records, the PIO was instructed to provide a clear breakdown of the costs involved for supplying the remaining information.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Scope of “Free Information”: While Section 7(1) of the RTI Act states that information should be provided free of cost if the response is delayed beyond 30 days, the CIC often considers the nature and volume of information. For voluminous requests, a marginal delay might not automatically entitle the applicant to all information for free, especially if the authority has made a genuine effort and the delay is minor.
- Lesson 2: Be Prepared for Costs with Voluminous Requests: When you anticipate your RTI request will generate thousands of pages, be prepared for potential costs. The RTI Act allows for reasonable charges for providing information. The CIC’s decision emphasizes that the cost is proportional to the volume of information.
- Lesson 3: Inspection is a Valuable Option: If you face a request for voluminous information and are concerned about costs, the option to inspect records is crucial. It allows you to pinpoint exactly what you need, potentially reducing the number of pages you have to pay for. This also demonstrates your genuine intent to obtain specific information rather than a blanket demand.
How to File a Similar RTI Application
- Clearly Define Your Request: Be specific about the information you need. For instance, instead of “advertisement details,” ask for “details of government advertisements approved for the financial year [Year] in [Type of Publication].”
- Identify the Correct Public Authority: Ensure you are filing the RTI with the department that holds the information. In this case, it was the Directorate of Information & Publicity.
- Pay the Initial Fee: If your application is not for a Below Poverty Line (BPL) cardholder, ensure you pay the required nominal fee (usually Rs. 10) along with your RTI application.
- Follow Up on Delays: If you don’t receive a response within 30 days, you have the right to file a First Appeal under Section 19 of the RTI Act. If the delay is significant and unreasonable, you can also mention this in your appeal and potentially in a Second Appeal to the CIC, citing Section 20 for penalties.
Sample RTI question you can use:
“Please provide a list of all newspapers and periodicals approved for publishing government advertisements department/office during the period from [Start Date] to [End Date]. For each approved publication, please provide details of the advertisements published, including the date of publication, the advertisement number, and the total cost incurred government for each advertisement during the said period.”
Conclusion
This case serves as a practical guide for RTI users. While the RTI Act is a powerful tool for transparency, understanding its nuances, especially regarding delays and costs for voluminous information, is key. The CIC’s approach in this matter strikes a balance, upholding the spirit of the RTI Act while also acknowledging the practicalities faced authorities. Always be clear, be prepared, and utilize all the rights provided RTI Act to access the information you are entitled to.
