The partition of India in 1947 led to immense displacement and loss for millions. Many families left behind ancestral properties in what became Pakistan, a painful legacy that continues to resonate. For those seeking to understand their family’s history and potential claims, accessing information about these abandoned properties can be crucial. This article explores how the Right to Information (RTI) Act, 2005, can be a tool for citizens to seek such sensitive historical data, as highlighted in a recent case before the Central Information Commission (CIC).
Background: What Information Was Sought
An RTI applicant approached the Ministry of Home Affairs (MHA) with a very specific and emotionally charged request. They sought detailed information concerning properties that were left behind in Pakistan persons during the partition. Furthermore, the applicant wanted to know the current whereabouts in India of these displaced individuals. The RTI application delved deeper, asking for complete details of persons who had left India and subsequently settled in Pakistan, including their place of residence. The applicant also mentioned specific individuals and inquired if they were still alive, requesting their date of death, death certificates, details of their successors, and their permanent address in India. To process this request, the Public Information Officer (PIO) asked the applicant to provide the Claim Index Number and CAF number of the claimant, which are essential identifiers for such historical records.
How the Public Authority Responded
The initial response from the Public Information Officer (PIO) of the Ministry of Home Affairs indicated that providing the requested information was contingent on the applicant furnishing specific identification numbers. The PIO requested the Claim Index Number and CAF number of the claimant, suggesting that without these, it would be extremely difficult to locate the relevant records. This is a common challenge when dealing with historical data; precise identifiers are often necessary for efficient retrieval from vast archives.
The CIC Hearing: What Happened
The case eventually reached the Central Information Commission (CIC) for a hearing. During the proceedings, the respondent from the Ministry of Home Affairs reiterated their earlier stance. They informed the Commission that if the appellant could provide the Claim Index Number or CAF number, they would be in a position to trace the relevant files. The respondent highlighted the sheer volume of records, stating that there were approximately 13.0 lakh files related to this matter. They emphasized that without the specific Claim Index Number, it was practically impossible to pinpoint and retrieve the exact files pertaining to the applicant’s query. This underscores the practical limitations faced departments when dealing with broad or inadequately identified information requests, especially for historical data.
The CIC Order and Its Significance
After considering the submissions from both the appellant and the respondent, the Central Information Commission (CIC) made its decision. The Commission accepted the arguments presented respondent from the Ministry of Home Affairs. Consequently, the CIC ruled to reject the appeal. The significance of this order lies in its practical implication for RTI applicants seeking similar historical information. It highlights that while the RTI Act is a powerful tool, its effectiveness is often dependent on the clarity and specificity of the information sought, and the availability of necessary identifiers to facilitate the retrieval process public authority.
Key Lessons for RTI Applicants
- Lesson 1: The Importance of Specific Identifiers: When seeking historical information, especially concerning properties, migration, or personal records from decades ago, it is crucial to provide any known identifying numbers like claim numbers, application numbers, or reference codes. These identifiers act as keys to unlock the vast archives of government departments.
- Lesson 2: Understanding Practical Limitations: Public authorities often manage enormous volumes of data. While the RTI Act mandates disclosure, it also acknowledges exemptions and practical difficulties. If a request is too broad or lacks the necessary details for retrieval, the authority may not be able to fulfill it, as seen in this case where 13 lakh files made identification without specific numbers nearly impossible.
- Lesson 3: Proactive Information Gathering: Before filing an RTI, try to gather as much preliminary information as possible from family elders or other sources. Any scrap of information, such as names of ancestors, approximate dates of migration, or any documents related to their property, can be invaluable in framing a more precise RTI query.
How to File a Similar RTI Application
- Identify the Correct Public Authority: For matters related to property left behind during partition, the Ministry of Home Affairs (MHA) or relevant state revenue departments are likely to be the custodians of such information.
- Gather All Available Identifying Details: Collect any family records, old documents, or oral history that might contain names, dates, locations, or any form of reference numbers related to the property or the displaced persons.
- Frame Your RTI Application Clearly: While this case shows the difficulty without specific numbers, try to be as precise as possible. If you have a Claim Index Number or CAF number, include it. If not, clearly state the names of the individuals, the approximate period, and the region from which they migrated.
- Be Prepared for Potential Challenges: Understand that accessing such old and sensitive records can be complex. The PIO may ask for more details, or the information might not be readily available or preserved. However, filing an RTI is the first step to formally inquire.
Sample RTI question you can use:
“Please provide details of any properties left behind in Pakistan grandfather, [Grandfather’s Full Name], who migrated from [Region of Migration] around [Approximate Year of Migration]. If available, please also provide the Claim Index Number or CAF number associated with his migration and any information on his current residence in India.”
Conclusion
The RTI Act empowers citizens to seek information from the government, and this extends to historical data that can shed light on personal and national legacies. While the case of properties left behind in Pakistan highlights the challenges of retrieving information without specific identifiers, it also reinforces the importance of meticulous preparation when filing an RTI application. the potential hurdles and gathering as much detail as possible, citizens can maximize their chances of accessing crucial information and connecting with their past through the RTI process.
