What Is Right To Information Act Of India?

With the Right to Information Act of India, passed in 2005, the country took another step toward freeing its citizens from the yoke of colonialism and the fetters of domination.

Many nations around the world have struggled for decades to regain independence for its government and its citizens. Among the newly free nations, India is a guiding light. This huge nation established itself as a nation apart from British rule in the late 1940s. In the following five decades, leaders have battled tradition and the status quo to give the citizens the freedom they deserve.

The Right to Information Act opened federal and state government records to citizens, allowing them to request this information from a government agency. The agency must then respond in 30 days. An additional measure included in the act requires government offices to work toward providing records through computer access.

One of the key issues in passage of this law was putting to rest much of the content of an Official Secrets law that dated back to the late 19th century. Though that act was changed slightly in 1923, restricted and banned information continued to be standard for most people in India.

Preceding the federal-level law of 2005 were numerous state rules that governed the citizen’s right to know. A handful of states continue to operate under their own guidelines, rather than under the new federal act.

Judging from most reports, the Right to Information Act’s journey through bureaucracy and tradition was not easy. Previous freedom-of-information laws opened some of the long-closed doors. However, those laws still allowed too many secrets and classified documents for some citizens. In fact, a cursory reading of the law showed that, in many cases, there were no repercussions if an agency did not comply with a request for information.

Eventually, the country’s Parliament came up with a draft of the new Right to Information law, which went through a lengthy process of amendments before it was passed.

The law is written so that it must be followed by all agencies and officials, in all three branches of government. The law reaches out to other entities that are primarily under the control of the government as well. Courtroom decisions had spread the law’s umbrella to cover some public utilities and the information they keep on file.

Each agency must have an individual whose primary responsibility is maintaining files of information and making that information available upon request. Most of these officers have assistants who process citizen requests.

One interesting detail of the Right to Information Act of 2005 is the stipulation that, when the life or imprisonment of an individual is at issue, a reply is to be made within 48 hours. Certain agencies who work with government corruption and human rights have longer periods to respond due the complex nature of the information.

Fees are set for requests under this relatively new law. However, the act contains a provision for additional fees that has been a subject of controversy.

While the Right to Information Act of 2005 opens many government files that have been closed for decades, it does provide for certain secure information, if release of that information would jeopardize the safety and stability of the country.

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