Many Indian citizens use the Right to Information (RTI) Act to access crucial information from government departments. But what happens when the information you need is not in your preferred language? This case highlights an important aspect of RTI: the extent to which public authorities are obligated to translate information for applicants. Understanding this can empower you to file more effective RTI applications and ensure you receive the information you are entitled to.
Background: What Information Was Sought
An applicant filed an RTI application with the Irrigation and Flood Control Department. They were seeking detailed information regarding construction work carried out Flood Control Department. Specifically, the applicant wanted to know the names of the contractors involved, whether these contractors were registered with the Delhi Government, and requested copies of their registration documents, tender documents, and test reports. The Public Information Officer (PIO) informed the applicant that the information comprised 750 pages and requested a fee of Rs. 1500/- for providing these copies. Subsequently, the First Appellate Authority (FAA) communicated that while the information was available, it was in English. The FAA also stated that translating this information into Hindi would incur additional costs, and the applicant would need to deposit the same Rs. 1500/- fee for the 750 pages of English documents.
How the Public Authority Responded
The initial response from the PIO was to levy a fee for the physical copies of the information. The First Appellate Authority further clarified that the information was in English and that translation would be an additional step, implying it might not be covered under the standard RTI fee structure. The department’s stance was that the applicant would have to bear the cost if they wanted a Hindi translation, but they were still expected to pay for the English copies.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the appellant reiterated their request, specifically stating a desire to obtain a Hindi translation of the 750 pages of information. The respondent from the public authority maintained their position that the applicant would be responsible for the cost associated with translating the information from English to Hindi.
The CIC Order and Its Significance
The Central Information Commission, in its decision, clarified a fundamental principle of the RTI Act. The Commission observed that as per Section 2(f) of the RTI Act, “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data material held in any electronic form. Crucially, the CIC stated that public authorities are obligated to provide information only as it is available in their records. The Commission emphasized that there is no provision within the RTI Act that mandates the translation of information and the subsequent provision of a translated version to the applicant. Therefore, the CIC directed the appellant to deposit the Rs. 1500/- fee for the 750 pages of information, which was available in English.
Key Lessons for RTI Applicants
- Lesson 1: Information is Provided As Is: The RTI Act requires public authorities to provide information in the form it is held. They are not obligated to create new information or translate existing information into a different language. If the records are in English, you will generally receive them in English.
- Lesson 2: No Obligation to Translate: While some departments might voluntarily provide translations or follow their internal language policies, it is not a mandatory duty under the RTI Act. Expect to receive documents in the language they are originally recorded unless the department chooses otherwise.
- Lesson 3: Understand Fees and Information Format: Be prepared to pay the prescribed fees for information, especially for large volumes. Also, be aware that the information you receive will be in the format and language it exists within the public authority’s records.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department holds the information you need.
- Draft Your Application Clearly: State precisely what information you are seeking. If you need specific documents, list them.
- Specify Language Preference (Optional but Recommended): You can mention your preferred language, but understand the implications as per the CIC ruling. For example, you can state: “I request the information in Hindi, if available, or in its original format.”
- Pay the Fees: Submit the application with the appropriate application fee (usually Rs. 10) and be prepared to pay additional charges for information if it is voluminous or requires special handling, as determined PIO.
Sample RTI question you can use:
Under the RTI Act, 2005, please provide copies of all tender documents and awarded contracts related to the construction work undertaken department between [start date] and [end date], including the names of the contractors, their registration status with the government, and any related test reports. I request the information in English, the language in which it is maintained.
Conclusion
This CIC decision serves as a crucial reminder for all RTI applicants. While the RTI Act is a powerful tool for transparency, it operates within defined parameters. Public authorities must provide information as it exists, and translating it is generally not their statutory duty. this, you can manage your expectations, file your RTI applications more strategically, and effectively utilize the RTI Act to access the information you are entitled to, in its available form.
