Many citizens are curious about their heritage and the historical occupations of various communities in India. Understanding your ancestry and the traditional roles played castes can be a significant part of personal identity. This case highlights how the Right to Information (RTI) Act, 2005, can be a powerful tool for citizens seeking such sensitive and historical information, even when initial departments are unsure of their jurisdiction. It demonstrates that persistent inquiry can lead to the right authorities being identified and the information being made available.
Background: What Information Was Sought
An individual filed an RTI application with the Department of Personnel and Training (DoPT). The core of the request was to obtain specific information about the Ahir and Gual Castes. This included details about their traditional occupations and their ancestry. This type of information is often found in historical records, government surveys, and official classifications of communities.
How the Public Authority Responded
The initial response from the Public Information Officer (PIO) at the DoPT was to transfer the RTI application. It was sent to the Ministry of Social Justice & Empowerment. However, this ministry responded that the information requested was not within their purview. This is a common challenge faced applicants where the application is bounced between departments, causing delays and frustration. The applicant was then informed that the information was not related to the Ministry of Social Justice & Empowerment, leaving the query unresolved.
The CIC Hearing: What Happened
The matter eventually reached the Central Information Commission (CIC) for a hearing. During the proceedings, the respondent official from the Ministry of Social Justice & Empowerment presented their case. They explained that the Central list of Other Backward Classes (OBC) is officially notified Ministry based on recommendations from the National Commission for Backward Classes. For information specifically related to Scheduled Castes (SC), the National Commission for Scheduled Castes and the Registrar General of India are the concerned authorities. This submission clarified that while the Ministry of Social Justice & Empowerment deals with OBC notifications, the historical and ancestral data for specific castes might reside with other specialized bodies.
The CIC Order and Its Significance
The Central Information Commission, after hearing the arguments, delivered a crucial order. Recognizing that the information was likely held specialized bodies, the CIC directed the Ministry of Social Justice & Empowerment to transfer the RTI application. Crucially, this transfer was to be done under the provisions of Section 6(3) of the RTI Act. This section mandates that if a Public Authority receives an application for information which is held Public Authority, it shall transfer the application to that other Public Authority. The CIC ordered the application to be transferred to the following authorities:
- The National Commission for Backward Classes
- The National Commission for Scheduled Castes
- The Registrar General of India
The purpose of this transfer was to ensure that the appellant received the requisite reply directly from these bodies, which are the custodians of such specific information concerning the Ahir and Gual Castes, respectively. This order is significant because it ensures that the applicant’s right to information is upheld the application to the correct custodians of the data, preventing further bureaucratic runaround.
Key Lessons for RTI Applicants
- Lesson 1: Persistence is Key: Even if your initial RTI application is transferred or rejected, don’t give up. The CIC’s involvement in this case shows that persistent pursuit can lead to the correct authorities being identified.
- Lesson 2: Understand Jurisdictions: While you don’t need to be an expert, having a basic understanding of which government bodies handle specific types of information (like social justice, historical records, or census data) can help you frame your RTI application more effectively.
- Lesson 3: Leverage Section 6(3): If the PIO is unsure or claims the information is not with them, remind them of their obligation under Section 6(3) of the RTI Act to transfer your application to the appropriate Public Authority. The CIC often upholds this provision.
How to File a Similar RTI Application
- Identify the Subject Matter: Clearly define the specific castes and the type of information you are seeking (occupation, ancestry, historical data, etc.).
- Target the Most Likely Authority: While the initial department might be a starting point, consider which ministry or commission is most likely to hold such historical or community-specific data. You can mention multiple potential authorities in your application.
- Draft Your RTI Application Carefully: State your request clearly and concisely. Mention the relevant castes and the specific details you need.
- Follow Up and Appeal if Necessary: If you don’t receive a satisfactory response or if your application is repeatedly transferred without resolution, consider filing a First Appeal and then a Second Appeal with the CIC.
Sample RTI question you can use:
Under Section 6(1) of the RTI Act, 2005, I request you to provide information regarding the traditional occupations and historical ancestry of the [Specific Caste Name] community. If this information is held Public Authority, please transfer this application to the concerned authority as per Section 6(3) of the RTI Act and inform me of the transfer.
Conclusion
This case is a testament to the power of the RTI Act in empowering citizens to access information that might otherwise remain hidden. their rights and persisting through the process, individuals can uncover valuable historical and community-related data. The CIC’s directive ensures that applications are not lost in bureaucratic mazes but are directed to the authorities best equipped to provide the answers. So, if you are seeking information about community histories, occupations, or ancestry, remember that the RTI Act is a viable path to explore.
