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More such guidelines and tips
are invited from the readers, visitors, volunteers, experts. |
Act, don't remain indifferent |
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A major cause of our
disillusionment with the system lies in our failure to assert
our rights. When a government officer expects bribe, or gives us
a below par receipt against money tendered, or does not perform
his duties diligently, we fail to report the matter to his
superiors. We never complain; because we
think nothing will come out of it. We accept things as they are;
because we think that the things will not change. In other
words, we do not walk because we have no hope of reaching the
destination.
We need to change this
mentality that thrusts apathy upon us. For a start, every time
we are short-changed at the hands of the government, we should
write a letter of complaint to the concerned person. Many a
time, it works magic. When it does not, under the RTI Act, ask
for the report of action taken on your complaint and seek other
pertinent information. |
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General guidelines and tips |
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Do not use couriers, ordinary
post or UPC. Registered post or Speed post are the best
methods and they are accepted as legal proof of
transmission. If you are sending anything by email or fax,
make sure that you keep a good proof of it.
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Before you prepare your
application or appeal, you should read the rules framed by
different State Governments and High Courts.
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Even if you do not intend to
carry out actual inspection of records, include a request as
under in the application:
“On receipt of
information under this application, I intend to carry out
inspection of records at your office to verify the
information provided. Please advise me a date and time for
inspection which should follow approx.15 days after
providing me written information."
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Do not waste too much time and
energy on deciding which information can be asked and which
cannot be. Just ask whatever you want. If you ask, you may
get; If you do not ask, you will not get. At the most, the
PIO will say 'no' to your query.
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Try to restrict one application
to one subject. Split your requirements across multiple
applications according to subjects. It makes the job of the
PIO easier and he is more likely to provide you good quality
information and provide it sooner.
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Ask for a free copy of the
Citizens' Charter" to be supplied with the reply. You may
know many things about that office.
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If you wish to remain anonymous |
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If you want to seek information
that may adversely affect vested interests or may cause you
financial or physical injury, you should request your distant
relative or a friend or an RTI activist from another state to
file the RTI application desired by you. Send him completed
application form in his name and address and give him directions
on how to pay the fee and submit the application.
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Forcing the government to act against corruption |
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Government departments normally ignore your complaints and
reports of corruption. To force them to act on them, use the strategy as follows:
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Write a letter of complaint to
the "vigilance wing/cell" of the concerned department.
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Send a copy of the letter to other
appropriate agencies such as CBI, CVC, DG of Police, Anti-Corruption
Branch of the state government, Chief Minister, etc. by registered or speed
post. Instead of writing "Copies to the following", write
"Copies to the following with the request to take suitable
action".
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Two weeks later, submit RTI
applications with not only the concerned department, but all
other agencies to whom copies of the letter were sent. The
RTI applications are meant to seek the status of your
complaint and the action taken on it.
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Since the CBI, CVC etc. have to provide you the
information requested, they will have to first obtain this information
from the concerned public authority by writing to them.
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Imagine a government officer receiving a letter from CBI
talking about corruption and seeking a status report.
Consider your work as Done ... in most cases!
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How to use information obtained under the RTI |
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You have obtained information from the government
department and you have got the evidence of corruption in your
hands. What do you do now? What is the next logical step? The next step would be to let
common people know and bring
the guilty to book. Some of the effective methods are
listed below:
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Arrange information in an
easy-to-understand manner and give it to media.
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Submit your findings to various vigilance agencies such
as CBI, Central Vigilance Commission, local police, etc. and
ask them to take action. Also request them to tell you within 15
days what action has been taken.
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Write to the senior-most
officer of the concerned department and mark copies to
your local MLA, MP, Chief Minister, Prime Minister, High
Court, etc. Send them all proof and ask them to take action,
and give you a status report within 15 days.
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After a gap of 3 to 4 weeks, file RTI applications with
every government agency to whom you had sent your findings,
and demand status report on your complaint. Since they have
to give you the status report, and they cannot afford to say
“we have done nothing”, they will first take action and then
give you a positive status report. If nothing at all, they
will start some sort of an inquiry in the matter. You should file
an application every month for an update on the status of
the inquiry/investigation.
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Make your findings public through media, your personal
contacts, NGOs/RWAs and by holding street or colony level
meetings.
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Plan and organize a Jan Sunwai and invite the media,
RWAs, other NGOs, politicians, etc. It is a gathering of affected
and interested people before whom all facts, records and
evidences are placed.
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Use other laws in combination with RTI Act |
The RTI Act is not the only law that gives right of
access to information. Beyond the RTI Act, there are some
stronger provisions in other laws which promote
transparency:
- The PDS (Control) (Amendment) Order, 2004, which entered
into force on 29 June 2004, enables citizens to directly
seek information from a fair price shop owner. Punishment
for withholding information may extend upto 3 months
imprisonment. This Order is stronger than the RTI Act
itself.
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For getting financial assistance under the Jawaharlal
Nehru National Urban Renewal Mission (JNNURM), states are
required to enact a Public Disclosure Law and a Community Participation
Law to strengthen people's Right to Know.
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Last year, Reserve Bank of India advised banks to convey
in writing the reasons for rejection of loan applications.
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The National Rural Employment Guarantee Act 2005 (NREGA)
Operational Guidelines 2006, prescribed by the Ministry of
Rural Development Department goes one step ahead in
facilitating transparency by reducing time limit for
disclosure of the records requested under the RTI Act to
seven days and further fees for obtaining information to
actual photocopying costs. Let the Sun shine brightly on
Indian administration!
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