Skip to main content

PIO will have to attest certified copies sought by RTI applicants

By Venkatesh Nayak*
The Department of Personnel and Training (DoPT) – the nodal department for implementing The Right to Information Act, 2005(RTI Act) in the Government of India has uploaded two important documents on its website.
The DoPT has issued reasonably detailed guidance for Public Information Officers (PIOs) to help them send better drafted replies to RTI applicants. Every PIO is now required to include in his.her reply- the office number given to the request, name and contact details of the PIO including email address, detailed reasons invoking the relevant provisions of access to information is denied, name and contact details of the appellate authority whom the applicant may approach with a grievance within 30 days of receipt of the reply. This advisory is an outcome of the consultation on the subject that the DoPT launched in March this year.
This guidance also includes instructions as to how certified copies may be issued under the RTI Act by the PIO on request. The PIO will have to endorse the copy as follows: “True copy of the document/record supplied under RTI Act”, sign the copy with date and affix his/her seal containing his name and name of the public authority. If the requestor seeks documents that are numerous, then the certification of the copies may be done by any other junior gazetted officer, but the reply must be sent by the PIO.
This Official Memorandum (OM) has been despatched to all Ministries and Departments, Secretariats of Parliament, President’s Secretariat, Prime Minister’s Office, NITI Ayog, Election Commission, Comptroller and Auditor General and the Chief Secertaries of all States and Union Territories.
It is heartening to note that two issues about which clarity was required have been dealt with officially after 10 years of implementation of the RTI Act. Readers will remember that the issue of certified copies being sought by applicants under the RTI Act was discussed by the Kerala High Court in January 2014 in the John Numpeli (Junior) case. In this case the Court ruled that Section 2(j) of the RTI Act does not take away the right of an individual to get certified copies under other laws such as the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908. Conversely, if an RTI applicant seeks certified copies under the RTI Act then the PIO must attest to the fact that the copies have been issued under the RTI Act.
A “genius” PIO in one of the northern Indian States had used the Kerala HC judgement, recently, to deny certified copies to an RTI applicant. When a prominent RTI activist brought this case to my attention, I had sent him a copy of the judgement to help the RTI applicant. This episode reminded me of the saying in my native langauge crudely translated as follows- “what God proposes the priest disposes as he deems fit” (in Kannada – “devaru vara kottaru, pujari koda”)
Thankfully the DoPT has now issued this OM making it very clear as to how certified copies may be given under the RTI Act. Frankly, there is no conflict between Section 76 of the Indian Evidence Act and Section 2(j) of the RTI Act. In both laws, any person who has the right to inspect any public document/record, has the right to seek a certified copy from its custodian on payment of the relevant fees. Public authorities resistant to the idea of greater transparency in their working, had created much confusion holding that certified copies can be given only under the Indian Evidence Act and not under the RTI Act.
PIOs also pointed out that documents certified under the RTI Act could not be used as evidence in Courts. Thankfully, the Kerala High Court’s judgement and now the DoPT’s latest OM have brought closure to this controversy. PIOs henceforth must supply certified copies to RTI applicants on demand if the information is not covered by any exmeption under the RTI Act. In my opinion documents certified under the RTI Act can be used in Courts as evidence/exhibits by litigants.
I hope the General Administration Department in Jammu and Kashmir also takes this step to bring clarity about issuance of certified copies to RTI applicants under the J&K RTI Act, 2009.

Compendium of best practices

The DopT has also uploaded on its website its 2nd Compendium of Best Practices in implementing RTI across the country. There are several interesting initiatives documented in this compendium. I hope the DoPT will bring out a 3rd volume focusing more on how Government Departments and Ministries have brought about changes to their working due to RTI interventions of the citizenry. This is what many of us would like to hear when we celebrate the 10th anniversary of the RTI Act. Readers may go through the documentation of CHRI’s efforts to make transparency a reality at the grassroots level in the Panchayats of Gujarat in this Compendium.
In order to reduce the size of this email I have deliberately not attached any documents referred to above. Kindly click on the links to access the documents discussed in this email alert.

Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Gujarat agate worker, who fought against bondage, died of silicosis, won compensation

Raju Parmar By Jagdish Patel* This is about an agate worker of Khambhat in Central Gujarat. Born in a Vankar family, Raju Parmar first visited our weekly OPD clinic in Shakarpur on March 4, 2009. Aged 45 then, he was assigned OPD No 199/03/2009. He was referred to the Cardiac Care Centre, Khambhat, to get chest X-ray free of charge. Accordingly, he got it done and submitted his report. At that time he was working in an agate crushing unit of one Kishan Bhil.

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit. 

UP tribal woman human rights defender Sokalo released on bail

By  A  Representative After almost five months in jail, Adivasi human rights defender and forest worker Sokalo Gond has been finally released on bail.Despite being granted bail on October 4, technical and procedural issues kept Sokalo behind bars until November 1. The Citizens for Justice and Peace (CJP) and the All India Union of Forest Working People (AIUFWP), which are backing Sokalo, called it a "major victory." Sokalo's release follows the earlier releases of Kismatiya and Sukhdev Gond in September. "All three forest workers and human rights defenders were illegally incarcerated under false charges, in what is the State's way of punishing those who are active in their fight for the proper implementation of the Forest Rights Act (2006)", said a CJP statement.