Use of RTI tool for effective management and leadership. Information with authentic base is useful for decision making and getting pending work done easily
Right To Information Act Advocacy for social reformation
1. āRTI Act, 2005: An effective tool
FOR SOCIAL ADVOCACYā
Presented for RUSA Workshop Series
8th Feb, 2022
Prof. Dr Snehal. S. Donde,
MSc, PhD (Zoology), PGDEM,MEM, MBA, PhD (Management),
Chairperson, SKECTās WWWJalsanjeevani
Dean Administration BVRC, Govardhan Ecovillage
2. Social advocacy: contemporary
method of social work
ļ® Advocacy derives root from latin word āadvocareā
meaning call to oneās aid or to speak on behalf of
someone
ļ® Hoefer (2006) defines social work advocacy as āThat
part of social work practice where the social worker
takes action in a systematic and purposeful way to
defend, represent, or otherwise advance the cause of
one or more people at individual, group, organizational
or community level in order to promote social justiceā
ļ® It is centered on Micro-system oriented understanding
ļ® Efforts made to address widespread, systematic issues
in society. It helps in building brand/credibility
3. Principles based on
transformational perspectives
ļ® Emphasizes principles of equality, social
justice and social inclusion
ļ® Attempts to change social unjust
systems, institutions and structures
ļ® Efforts are in form of organized actions
ļ® Aims at influencing public policies,
societal attitudes, and socio-political
processes
ļ® Social advocacy enables and empowers
the marginalized to speak for themselves
4. āRTI Act, 2005 - An Effective Toolā
Constitution of India provides fundamental rights where inherent dignity
and inalienable rights of allare recognized
The objectives:
ļ¬ To make students aware about their legal
right as the quality of public life in
democracy demands active citizenry
(public apathy makes public authorities
inefficient, corrupt and unaccountable).
ļ¬ To pool and mobilize the special qualities
of students and ignite minds for active
involvement in the social transformation.
ļ¬ Social advocacy is an important
contemporary method within social work
practice - āJustice seekersā
5. Students taught to submit letters and RTI applications to local
authorities PMO & President office āHUMAN RIGHTS ACT:
Using RTI as tool to get information and plan remedial actions
5
6. The RTI Act:
ā¢ Comes into effect from 12th October, 2005 on Vijayadashmi.
ā¢ A landmark historical Act.
ā¢ The RTI Act is a social revolution in transition by efforts of Ms. Aruna
Roy of Mazdoor Kisan Shakthi Sanghatana since 1987, Parivarthan-
Kejriwal (2000), Anna Hazare in 2000 enact a revised Maharashtra RTI
Act which was later considered as base document for RTI enacted by
Union Govt.
ā¢ Recognized by the Supreme Court as a part of the Fundamental Right
to Freedom.
7. The RTI Act: History
ā¢ āFreedom of Information Billā -1997
ā¢ Revised draft introduced in Lok sabha ā 2000
ā¢ NDA Govt. passed it but not implemented due to deficiencies-2002
ā¢ UPA Govt tabled new RTI bill in parliament-2004
ā¢ President APJ Abdul Kalam give assent-15th June,2005
ā¢ RTI Act, 2005 operative- 12th Oct, 2005
ā¢ Now it is Central Act and extend whole India except Jammu & Kashmir
8. 8
The RTI Act 2005 - Coverage
ļ® Came into effect on 12 October 2005 (120 days after
enactment).
ļ® Covers central, state and local governments, and
all bodies owned, controlled or substantially financed;
non-government organisation substantially financed,
directly or indirectly by funds provided by the
appropriate Government (2(h))
ļ® Covers executive, judiciary and legislature (2(e))
ļ® Includes information relating to private bodies which can
be accessed under any other law for the time being in
force (2(f))
Thus most aspects of private bodies can be covered.
9. Public Authorities Section 2h
ļ® āpublic authorityā means any authority or body or institution
of self government established or constituted,ā
ļ® (a) by or under the Constitution ;
ļ® (b) by any other law made by Parliament;
ļ® (c) by any other law made by State Legislature;
ļ® (d) by notification issued or order made by the appropriate
Government,
and includes any--
ļ® (i) body owned, controlled or substantially financed;
ļ® (ii) non-Government organisation substantially financed,
ļ® directly or indirectly by funds provided by the appropriate
Government;ā
ļ® Private Companies who have tax exemptions
10. Information Section 2f
ļ® (f) "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, data
material held in any electronic form and
information relating to any private body
which can be accessed by a public authority
under any other law for the time being in
force;
11. Right to Information means -
The Right to ā
ā¢ Inspection of work, documents, records,
ā¢ Taking notes, extracts, certified copies of
documents or records.
ā¢ Taking certified samples of materials.
ā¢ Obtaining information in the form of printouts,
diskettes, floppies, tapes, video cassettes or in
any other electronic mode. [Sec. 2 (j)]
12. 12
SECTION 4
ļ® SUO MOTO DISCLOSURES
ļ® NORMS FOR FUNCTIONING, RULES,
REGULATIONS, SUBSIDY PROGRAMS etc.
13. Private body for information
ļ® "Private Body*?
"Private body" is not defined in the Act. However it can be
inferred from the definition of "public authority" in section
2(h)(d)(ii) of the Act that any non-Government organization
which is not substantially financed, directly or indirectly by
funds provided by the Govt shall be a private body. Otherwise
it shall become a public authority
ļ® Although the ambit of private body is large enough lo include
any organization of any form, for the purpose of information,
only those private bodies shall fall under āthe purview of [the
Act over which a public authority under any law for the time
being in force has the power to access information).
14. Section 5(4) & (5)
ļ® The Central Public Information Officer or State Public
Information Officer, as the case may be, may seek the assistance
of any other officer as he or she considers it necessary for the
proper discharge of his or her duties.
ļ® (5) Any officer, whose assistance has been sought under sub-
section (4), shall render all assistance to the Central Public
Information Officer or State Public Information Officer, as the case
may be, seeking his or her assistance and for the purposes of any
contravention of the provisions of this Act, such other officer shall
be treated as a Central Public Information Officer or State Public
Information Officer, as the case may be .
ļ® Deemed PIO
15. Scope:
ā¢ All public authorities of State and Central Government
including organizations, institutions funded by the
Government partly and fully.
Obligations of Public Authorities:
ā¢ To maintain all its records duly catalogued and indexed,
publish and update the manual every year.
Every administrative unit of a public authority of the
State /Central have:
ā¢ Public Information Officer, Asst. Public Information
Officer (at sub-divisional level) & Appellate Officer
ā¢ Exemption: Intelligence & Security Organizations
16. Scope:
ā¢ These include all State and Central Government
authorities ā their administrative offices - Police,
CBI, Municipal Bodies, Local Self-Governing
Bodies, Panchayat Raj Institutions, Universities,
Educational Trusts, Aided Educational
Institutions, AICTE, UGC, NAAC, NET / SET
Machinery, Railways, MTNL, BSNL,
Nationalized Banks, Courts & NGOs which
receive state funding.
17. 17
RTI Act 2005 ā Appeals & Complaints
ļ® First appeal with senior in the department
ļ® Second appeal with Information Commission
ļ® Appeal to be disposed of in 30/45 days
ļ® Onus of proof on refuser/public authority
ļ® Independent Central/State Information Commissions, as
appellate/supervisory authority.
ļ® āThe provisions of this Act shall have effect
notwithstanding anything inconsistent therewith
contained in the Official Secrets Act, 1923, and any other
law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.ā
(22)
18. 18
Governments moves
ļ® Increase the exemptions, particularly those which will fix
accountability and expose corruption.
ļ® Making the Information Commissions ineffective.
ļ® Beginning a move to curtail Citizenās Right.
ļ® All India protests and resistance- will try and stop the Act
from being amended. Incase our representatives act
against our interests, we shall continue the protests until
we retrieve our freedom.
19. 19
OUR TASKS
ļ® Using RTI.
ļ® Empowering Citizens to use RTI
ļ® Monitoring the Government and
the Information Commissions for
adherence to the law.
20. Every administrative unit of a
public authority of the State /
Central must have ā
ā¢ Public Information Officer
ā¢ Asst. Public Information Officer
(at sub-divisional level)
ā¢ Appellate Officer
21. What Information can we seek ?
ā¢ Any citizen aggrieved or otherwise can seek
information.
ā¢ Information in any form including records,
documents, memos, e-mails, opinions, advices, press
releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held
in any electronic form and information relating to any
private body which can be accessed by a public
authority under any other law for the time being in
force, including file noteings. [Sec. 2 (f)]
22. Procedure for obtaining
Information:
ā¢ Information can be obtained by making a
request in writing or through electronic
means in English or Hindi or in the official
language of the area.
ā¢ In case of Maharashtra - an application
should be made in the prescribed form
accompanied by a fees of Rs. 10/- or Court
Fees stamp of Rs. 10/- . (Annexure - A)
23. Procedure for RTI information
ā¢ The application to be made to the PIO.
ā¢ The application can also be made online.
ā¢ The PIO is required to furnish the
information within 30 days and within 48
hours in case of life and liberty of a person.
24. Annexure āAā
(see rule 3)
Format of application for obtaining information
under the Right to Information Act, 2005
To,
The Public Information Officer,
(Name of the office with address)
(1) Full name of the applicant :
(2) Address :
(3) Particulars of information required :
(i) Subject matter of information :
(ii) The period to which the information relates :
(iii) Description of the information required :
(iv) Whether information is required by post or in person:
(v) In case by post (Ordinary, Registered or Speed)
(4) Whether the applicant is below poverty line :
Place :
Date : Signature of the Applicant
Affix here Court
Fee Stamp of
Rs. 10/-
25. Appeal:
ā¢ If the PIO does not furnish the
information sought within 30 days or
rejects the information or information
furnished is incomplete or false or
misleading or not satisfactory, the
applicant can go in appeal.
26. First Appeal:
ā¢ Appeal against the PIO ā to be made to his
immediate superior - the Appellate Officer -
within 30 days from the date of receipt of
communication from the PIO or within 30
days from the expiry of such period.
ā¢ The appeal should be disposed within
30 days or within such extended period not
exceeding 45 days. [Sec. 19]
27. Annexure āBā
[see rule 5(1)]
First Appeal under Section 19 (1) of the RTI Act, 2005
From: (Appellantās name and address)
To, (Name/designation/address of the Appellate Officer)
(1) Full name of the appellant :
(2) Address :
(3) Particulars of the State
Public Information Officer :
(4) Date of receipt of the order appealed against :
(5) Last date for filling the appeal :
(6) The grounds for appeal :
(7) Particulars of information :
(i) Nature & Subject matter of information required :
(ii) Name of the Officer or Department to which the
information relates :
Place :
Date : Signature of the Appellant
Affix here Court
Fee Stamp of
Rs. 20/-
28. Second Appeal:
ā¢ The applicant, if not satisfied with the
action taken by the Appellate Officer, can
prefer second appeal to the State / Central
Information Commission within 90 days.
ā¢ The decision of the State / Central
Commission shall be binding.
29. Annexure āCā
[see rule 5(2)]
Second Appeal under Section 19 (3) of the RTI Act, 2005
From: (Appellantās name and address)
To, (State / Central Information Commission)
(1) Full name of the appellant :
(2) Address :
(3) Particulars of the State
Public Information Officer :
(4) Particulars of the First Appellate Officer :
(5) Date of receipt of the order appealed against :
(6) Last date for filling the appeal :
(7) The grounds for appeal :
(8) Particulars of information :
(i) Nature & Subject matter of information required :
(ii) Name of the Officer or Department to which the
information relates :
Place :
Date : Signature of the Appellant
Affix here Court
Fee Stamp of
Rs. 20/-
30. Complaint:
ā¢ The aggrieved person can also make a
complaint instead of preferring First and Second
Appeals ā The person ā
ā¢ who is refused access to information;
ā¢ who has not received response within the time
limit; and
ā¢ who is given incomplete, misleading or false
information by the PIO ā can make a complaint
to ā State / Central Information Commission.
[Sec. 18]
31. Powers of the State / Central
Information Commission:
ā¢ Powers of a Civil Court
ā¢ Order inquiry
ā¢ Issue summons to examine witnesses
ā¢ Inspect documents
ā¢ Requisition public records.
32. ļ® Complaints against violation of the Act to
Information Commission which can
impose penalties
ā For unreasonable delay ā Rs 250 per day up
to Rs 25,000
ā For illegitimate refusal to accept application,
malafide denial, knowingly providing false
information, destruction of information, etc.
up to Rs. 25,000 fine
RTI Act 2005 - Penalties
33. ļ® Focus on what could not be done before
ļ® Break current paradigm
ļ® Bring information needed, when needed, to where it
is needed
ļ® Become more active and use the RTI Act.
ļ® Empower Citizens to use RTI
ļ® Monitor the Government and the Information
Commissions for adherence to the law.
āAll that is necessary for the triumph of evil
is that good men do nothingā
- Edmund Burke
WHAT CAN I DO?
34. Experience sharing
Filed more than 600 applications and appeals under the RTI Act to the
following authorities:
ā¢ Organizational effectiveness āprocedures and process maintained
ā¢Rural development āAdarsh goan yojana
ā¢ For effectively implementing Schemes of housing
ā¢ Jt. Director for payscales and promotions
ā¢ MHADA house allotments and social audit
ā¢ Dindoshi hills Forest Department
ā¢ Mantralaya HE Office
ā¢ Pension issues
ā¢ corruptions in Appointments
ā¢Corporation water distribution
ā¢ Tribal upliftment and extent to which schemes implemented
35. ā¢ Succeeded in detecting forgery, fraud and
cheating.
ā¢ The RTI Act is the best way of ā fighting
discrimination and securing justice without
litigation.
ā¢ The RTI Act is the best mechanism to
check the culture of bribe.
āBe Brave ā¦ the rest followsā
36. Development is essential but not at the Cost of Environmental Degradation, India needs
Strategies for Growth Plan with Green Governance Model for Sustainable Development
36
37. Thermal water discharge from steel
company
Washing of clothes
Washing of vehicles
Canteen on river bank
Maharashtra was first to bring comprehensive River Regulation
Zone policy-now scrapped & faster clearance by Environment
Ministry for development projects
Proximate causes identified leading to loss of biological resources
37
38. Birla Institute Meeting with Chairman Kalyan Rudra,
Central Pollution Control Board Kolkata
Engaged Scientific community Session
at ZSI
Multi-dimensional interactions for resolving implications of
Sedimentation and Erosion in Ganga
At Barackpur meeting with NGOs
teachers,
At Barrackpore meeting with NGOs At Barrackpore interacting with
fishermen community
38
39. 39
After visiting BNCMC office, Dr. Rajendra Singh ji along with other dignitaries visited Tilak Ghat of Kamwari river. He observed and
found that negligence of authorities had caused great damage to the river. River is almost dried. It is not in ICU but it is dead. As monsoon
is arriving Its revival is urgently required so as to recharge rain water in aquifers. He also observed that dumper and JCB machine were
brought for desilting the river but not used properly for the purpose. He advised officers of BNCMC to seriously plan and execute the river
cleaning project.
During Dr. Rajendra Singh jiās visit to BNCMC office, He was
felicitated by Honāble Mayor Shri Javed Dalvi. Mayor has appreciated
the efforts of Jalnayak Prin.Dr. Snehal Donde for Kamvari River
rejuvenation & recharge and added that they will keep on supporting
the work of Dr. Donde
Meeting BNCMC Commissioner and Mayor for further plan of action
Social assessment and Scientific Diagnosis of Kamvari River Bank, Tilak Ghat
40. 40
Continuous Follow-up with administrative bodies and mitigate
actions
Letter to Tahsildar office for
Kamwari river mitigation
measures
Letter to Thane Collector office for Kamwari river mitigation measures which resulted in
collaborative meeting with MPCB, BNCMC and Collector
41. 41
Visit to Seizing Dyeing Unit at Karivali & Khoni Gram Panchayat with MPCB Regional
Officer(13th Aug. 2019) and Panchanama done for closure.
Illegal water
pipelines given
Plastic being burnt for heating of
boilers in sizing textile companies
Jeans colouring
companies on bank of
Kamvari river
42. Residential buildings constructed on Kamwari River bank Untreated effluents being released in
Kamwari River
Tabelas constructed on Kamwari River bank which release untreated waste water
directly into river
Dyeing Units/ Textile mills constructed on
Kamwari River bank
Encroachments on the buffer zone has led to deterioration of
the situation of Kamwari river in Bhiwandi city.
42
43. Plate 4 Concrete porcupines erected by
Farakka Barrage Authority at Char Sujapur
village
Plate 5 Bamboo porcupines
deployment by irrigation dept, WB
Plate 6 A bamboo porcupine is being toppled
into water from a boat at the bank at
Maheshpura, Mahadevnagar
REMEDIES IN PRACTICE
44. Identifying issues : To free Kakole village from Tankers & Waldhuni river
in Ambernath Thane Dist. from industry pollution and encroachments
44
Meeting with BDO and Tehsildar for
resolution
In Tribal villages only primary
secondary schools: igniting minds
Women empowerment : activating
self help groups
Supply of water to Railway neer
company but villagers deprived
Construction of car
company on river land
Pollution of river by
companies on river bank
Water theft and tankers charging
high rate
46. ļGram Sabha resolutions are not
considered before developmental work
ļRehabilitation and settlement of
community after displacement is ignored
for years
ļNo proper records maintained
March for Rehabilitation
48. Conclusion:
ā¢ Citizens should be more active and use the
Right to Information Act.
ā¢ The quality of public life in democracy
demands active citizenry.
ā¢ It is public apathy that makes public
authorities inefficient, corrupt and
unaccountable.
49. A FEW QUOTESā¦
We must not, in trying to think about
how we can make a big difference,
ignore the small daily differences we
can make which, over time, add up to
big differences that we often cannot
foresee
-Unknown
50.
51. Keep Positive attitude
HELPS A PERSON TO :
Be optimistic
Be a solution oriented person.
Seek opportunities.
Bring more energy in his/her life.
Gives inner power and strength.
Face difficulties in life.
motivate himself/herself and others.
Build respect in different settings
53. Higher Education: The Great Faith Leap
Future Plan:
To work sincerely towards transformation and betterment of
society by educating masses towards revolutionary Acts and
procedures.