How to Draft an Effective RTI in India
Introduction:
The Right to Information Act, 2005, is a social legislation that empowers citizens of India or individuals of Indian origin to seek information from Public Authorities. The requested information must be provided within 30 days from the date the Public Authority receives the communication. However, the Public Information Officer is obligated to provide information within 48 hours if it pertains to the life or liberty of a person. This is outlined under Section 7(1) along with Section 4 of the RTI Act 2005. The information requested under the Right to Information Act can be made through a simple application on white paper, attaching a Rs 10 Indian Postal Order, Demand Draft, or Banker’s Cheque as the fee. The Indian Postal Order is preferred for its simplicity and convenience. If the information seeker requires a photocopy or other extracts, an additional charge applies. The Supreme Court of India, in its judgment in Writ Petition (Civil) No. 194 of 2012 between Common Cause Petitioner(s) vs. High Court of Allahabad & Anr., directed Government Authorities to cap the RTI application fee at Rs 50 and the fee for photocopying documents at Rs 5 per page.
Points to Keep in Mind Before Drafting an RTI:
1. Find the Address of the Concerned Authority:
In this digital era, finding the address of the authority is not a big issue, but sometimes we may be confused about the concerned Public Information Officer. In such cases, Section 6 clause 3 sub-clause ii of the RTI Act, 2005, plays a crucial role. It provides that if the RTI matter is not related to the concerned Public Information Officer, then by virtue of Section 6 clause 3 sub-clause ii, the P.I.O is required to transfer the RTI application to the related concerned office of the P.I.O.
2. Avoid Seeking Explanations for Delays:
In an RTI application, we cannot request an explanation for delays, as the P.I.O can easily avoid providing the requisite information by claiming the RTI applicant has acted beyond scope. Further appeals by the RTI applicant cannot be sustained either.
3. Focus on Extracting Information, Not Emotions:
The RTI applicant should remember that the goal is to extract information, not to engage in emotional games. The contents of the RTI application should be concise, short, and in simple language. Avoid unnecessary jargon.
4. Include Contact Information:
The RTI applicant should not forget to mention their mailing address so that the P.I.O can send the necessary feedback. It is advisable to include a mobile number, as postmen may sometimes be unable to find the address and may prefer to call the addressee.
5. No Need to Mention Reasons for Seeking Information:
It is not necessary for the RTI applicant to mention their reason for seeking information under the RTI Act.
6. Enclose the Indian Postal Order:
It is necessary to enclose a Rs 10 Indian Postal Order with the RTI application letter. The Indian Postal Order should be drawn in favor of the Public Information Officer, payable at the concerned location. It is always advisable to search for more authentic information from the concerned Public Authority's website.
7. Eligibility to Seek Information:
A citizen of India or an individual of Indian origin can seek information from the P.I.O under the RTI Act.
8. Online Application for Central Government Information:
If the information sought is related to the Central Government, it is viable to seek information from the online website. The website for this purpose is https://rtionline.gov.in/. Sometimes, while making the RTI application on this website, the system may show an error while submitting. In such cases, the RTI applicant can draft the entire RTI in a Word file, save it as a PDF, and upload it in the "Supporting Document" section where there is an upload option. For further issues, the RTI applicant may call 011-24622461 during normal working hours or write to [Email Removed For Privacy Reasons].
Format for Filing an RTI:
To
The Public Information Officer,
Under The Right to Information Act,
(Address of the Concern)
Date -
Subject: Request for Information under Section 6 read with Section 4 of the Right to Information Act 2005.
Or
Subject: Request for Information within 48 hours as mandated under Section 7(1) read along with Section 4 of the RTI Act 2005.
Sir,
I, Sri/Smt. (Name of the RTI Applicant), son/daughter of (Father’s Name, Mother’s Name optional), resident of (Address of the RTI Applicant), wish to seek information as follows:
Or
I, Sri/Smt. (Name of the RTI Applicant), son/daughter of (Father’s Name, Mother’s Name optional), resident of (Address of the RTI Applicant). The information sought is related to the life or liberty of a person(s) and should be provided within 48 hours of receipt of the request in person or via speed post to my address mentioned at the end of this RTI application.
i. Please share the information on .......
ii. Please share the related photocopies in this regard.
The information sought above may please be provided as it will enable me to understand and appreciate the functioning and governance of your office.
Or
This is a matter related to life and liberty and thus requires a reply within 48 hours due to the following reasons:
1.
2.
3.
I hereby inform that the following formalities have been completed by me:
1. I have deposited the requisite fee of Rs 10 (The official fee for RTI application) via Postal Order numbered ........ dated......... drawn in favor of the Public Information Officer payable at .........
2. I need the photocopy of the documents and have deposited the cost of the photocopy of Rs. 10 for _____ (Number of Pages) and undertake to pay any other official fee, if required.
3. I am a 'Citizen' of India and am requesting the information as a 'Citizen' of Sovereign India.
4. If the subject matter asked in this RTI application to the Public Information Officer is closely connected to another public authority and not related to you, please transfer this RTI application to the appropriate authority within 5 days from the date of receiving this RTI application, as per Section 6 clause 3 sub-clause ii of the Right to Information Act 2005.
5. All the information sought in this RTI application will not disproportionately divert the resources of the Public Authority or be detrimental to the safety or preservation of the record in question.
6. The information sought in the RTI does not fall under the exception of Section 9 of the RTI Act, 2005.
7. I assure that I shall not allow, cause to use, pass, share, display, or circulate the information received in any case and under any circumstances, with any person or in any manner that would be detrimental to the Unity and Sovereignty or against the Interest of India.
Signature of the Applicant
Dated:
All correspondence can be made to the address provided below:
Name
Address
From India, Kolkata
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87Introduction:
The Right to Information Act, 2005, is a social legislation that empowers citizens of India or individuals of Indian origin to seek information from Public Authorities. The requested information must be provided within 30 days from the date the Public Authority receives the communication. However, the Public Information Officer is obligated to provide information within 48 hours if it pertains to the life or liberty of a person. This is outlined under Section 7(1) along with Section 4 of the RTI Act 2005. The information requested under the Right to Information Act can be made through a simple application on white paper, attaching a Rs 10 Indian Postal Order, Demand Draft, or Banker’s Cheque as the fee. The Indian Postal Order is preferred for its simplicity and convenience. If the information seeker requires a photocopy or other extracts, an additional charge applies. The Supreme Court of India, in its judgment in Writ Petition (Civil) No. 194 of 2012 between Common Cause Petitioner(s) vs. High Court of Allahabad & Anr., directed Government Authorities to cap the RTI application fee at Rs 50 and the fee for photocopying documents at Rs 5 per page.
Points to Keep in Mind Before Drafting an RTI:
1. Find the Address of the Concerned Authority:
In this digital era, finding the address of the authority is not a big issue, but sometimes we may be confused about the concerned Public Information Officer. In such cases, Section 6 clause 3 sub-clause ii of the RTI Act, 2005, plays a crucial role. It provides that if the RTI matter is not related to the concerned Public Information Officer, then by virtue of Section 6 clause 3 sub-clause ii, the P.I.O is required to transfer the RTI application to the related concerned office of the P.I.O.
2. Avoid Seeking Explanations for Delays:
In an RTI application, we cannot request an explanation for delays, as the P.I.O can easily avoid providing the requisite information by claiming the RTI applicant has acted beyond scope. Further appeals by the RTI applicant cannot be sustained either.
3. Focus on Extracting Information, Not Emotions:
The RTI applicant should remember that the goal is to extract information, not to engage in emotional games. The contents of the RTI application should be concise, short, and in simple language. Avoid unnecessary jargon.
4. Include Contact Information:
The RTI applicant should not forget to mention their mailing address so that the P.I.O can send the necessary feedback. It is advisable to include a mobile number, as postmen may sometimes be unable to find the address and may prefer to call the addressee.
5. No Need to Mention Reasons for Seeking Information:
It is not necessary for the RTI applicant to mention their reason for seeking information under the RTI Act.
6. Enclose the Indian Postal Order:
It is necessary to enclose a Rs 10 Indian Postal Order with the RTI application letter. The Indian Postal Order should be drawn in favor of the Public Information Officer, payable at the concerned location. It is always advisable to search for more authentic information from the concerned Public Authority's website.
7. Eligibility to Seek Information:
A citizen of India or an individual of Indian origin can seek information from the P.I.O under the RTI Act.
8. Online Application for Central Government Information:
If the information sought is related to the Central Government, it is viable to seek information from the online website. The website for this purpose is https://rtionline.gov.in/. Sometimes, while making the RTI application on this website, the system may show an error while submitting. In such cases, the RTI applicant can draft the entire RTI in a Word file, save it as a PDF, and upload it in the "Supporting Document" section where there is an upload option. For further issues, the RTI applicant may call 011-24622461 during normal working hours or write to [Email Removed For Privacy Reasons].
Format for Filing an RTI:
To
The Public Information Officer,
Under The Right to Information Act,
(Address of the Concern)
Date -
Subject: Request for Information under Section 6 read with Section 4 of the Right to Information Act 2005.
Or
Subject: Request for Information within 48 hours as mandated under Section 7(1) read along with Section 4 of the RTI Act 2005.
Sir,
I, Sri/Smt. (Name of the RTI Applicant), son/daughter of (Father’s Name, Mother’s Name optional), resident of (Address of the RTI Applicant), wish to seek information as follows:
Or
I, Sri/Smt. (Name of the RTI Applicant), son/daughter of (Father’s Name, Mother’s Name optional), resident of (Address of the RTI Applicant). The information sought is related to the life or liberty of a person(s) and should be provided within 48 hours of receipt of the request in person or via speed post to my address mentioned at the end of this RTI application.
i. Please share the information on .......
ii. Please share the related photocopies in this regard.
The information sought above may please be provided as it will enable me to understand and appreciate the functioning and governance of your office.
Or
This is a matter related to life and liberty and thus requires a reply within 48 hours due to the following reasons:
1.
2.
3.
I hereby inform that the following formalities have been completed by me:
1. I have deposited the requisite fee of Rs 10 (The official fee for RTI application) via Postal Order numbered ........ dated......... drawn in favor of the Public Information Officer payable at .........
2. I need the photocopy of the documents and have deposited the cost of the photocopy of Rs. 10 for _____ (Number of Pages) and undertake to pay any other official fee, if required.
3. I am a 'Citizen' of India and am requesting the information as a 'Citizen' of Sovereign India.
4. If the subject matter asked in this RTI application to the Public Information Officer is closely connected to another public authority and not related to you, please transfer this RTI application to the appropriate authority within 5 days from the date of receiving this RTI application, as per Section 6 clause 3 sub-clause ii of the Right to Information Act 2005.
5. All the information sought in this RTI application will not disproportionately divert the resources of the Public Authority or be detrimental to the safety or preservation of the record in question.
6. The information sought in the RTI does not fall under the exception of Section 9 of the RTI Act, 2005.
7. I assure that I shall not allow, cause to use, pass, share, display, or circulate the information received in any case and under any circumstances, with any person or in any manner that would be detrimental to the Unity and Sovereignty or against the Interest of India.
Signature of the Applicant
Dated:
All correspondence can be made to the address provided below:
Name
Address
From India, Kolkata
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