Many Indian citizens believe the Right to Information (RTI) Act empowers them to seek any information from any organisation. However, understanding which organisations fall under the RTI Act is crucial. This case highlights a common query: can you use RTI to get information from international bodies like the World Health Organization (WHO)? The Central Information Commission (CIC) has provided a clear answer, and it’s important for all RTI applicants to understand the scope and limitations of the Act.
Background: What Information Was Sought
An individual filed an RTI application with the World Health Organisation (WHO), seeking specific information. The WHO, however, returned the postal order submitted applicant. The organisation stated that it is not considered a ‘Public Authority’ under the RTI Act, and therefore, the Act does not apply to it. This refusal prompted the applicant to escalate the matter to the Central Information Commission (CIC) a complaint.
How the Public Authority Responded
The World Health Organisation, represented in the proceedings, argued that it is an international organisation and is not owned, controlled, or substantially funded, directly or indirectly, funds of India. Consequently, they contended that the provisions of the RTI Act, 2005, do not extend to them. They firmly stated that as they are not a public authority as defined Act, they are under no obligation to provide information in response to an RTI application.
The CIC Hearing: What Happened
The Central Information Commission (CIC) heard the case. The core of the discussion revolved around whether the World Health Organisation qualifies as a ‘Public Authority’ under Section 2(h) of the RTI Act, 2005. The applicant’s expectation was to receive information, while the WHO’s stance was that they are outside the purview of Indian RTI law. The CIC examined the nature and functioning of the WHO in relation to the definition of a public authority as laid down in the RTI Act.
The CIC Order and Its Significance
The Central Information Commission, after reviewing the submissions, ultimately rejected the appeal. The Commission observed that the World Health Organisation does not appear to meet the definition of a ‘Public Authority’ as defined under Section 2(h) of the RTI Act, 2005. This means that the applicant does not possess a legally enforceable right to seek information from the WHO under the RTI Act. The significance of this order lies in clarifying that the RTI Act primarily applies to government bodies and entities established or controlled Indian government, not to all international organisations, irrespective of their stature.
Key Lessons for RTI Applicants
- Lesson 1: Understanding ‘Public Authority’ is Crucial: The RTI Act, 2005, applies only to ‘Public Authorities’. Section 2(h) defines what constitutes a public authority. This includes bodies owned, controlled, or substantially financed directly or indirectly Central Government, State Governments, or Union Territory Governments. International organisations, unless specifically brought under the ambit of the Act Indian government, are generally not considered public authorities.
- Lesson 2: Scope of the RTI Act: The RTI Act is a tool to ensure transparency and accountability of the Indian government and its instrumentalities. It is not a universal information-seeking law applicable to all organisations worldwide. Before filing an RTI application, it’s essential to ascertain if the target organisation falls under the definition of a ‘Public Authority’ as per Section 2(h) of the Act.
- Lesson 3: International Organisations and RTI: While international organisations like the WHO play a significant role in global affairs, they operate under different legal frameworks. Unless an international organisation has a specific agreement or is substantially funded and controlled Indian government in a manner that brings it under the RTI Act’s purview, an RTI application filed with them will likely be rejected.
How to File a Similar RTI Application
If you intend to seek information from a government department or a body that is clearly a ‘Public Authority’ under the RTI Act, follow these steps:
- Identify the Correct Public Authority: Ensure the organisation you are targeting is a government body or is substantially financed government.
- Draft Your RTI Application: Clearly state the information you require. Be specific and avoid vague requests.
- Pay the RTI Fee: Typically, a fee of ₹10 is required, payable through a postal order or demand draft favouring the Accounts Officer of the concerned department.
- Submit Your Application: Send your application to the Public Information Officer (PIO) of the concerned department. You can do this in person, , or often, online through government portals.
Sample RTI question you can use (for a relevant government department, not WHO):
Under Section 6(1) and Section 7(1) of the RTI Act, 2005, please provide copies of all documents, reports, and correspondence related to the implementation of the [Specific Government Scheme/Project Name] in the fiscal year [Year], including details of funds allocated and disbursed, and the names of beneficiaries if applicable. Also, please provide the reasons for any delays in the project’s progress, if any.
Conclusion
This case serves as an important reminder that the RTI Act, while a powerful tool, has defined boundaries. Understanding these boundaries, particularly the definition of a ‘Public Authority’, is key to successful RTI applications. While you cannot use the RTI Act to obtain information from organisations like the WHO, the Act remains highly effective for seeking information from central and state government departments, public sector undertakings, and other entities that fall under its jurisdiction. Always do your homework to ensure your RTI application is directed to the right authority for a successful outcome.
