Engineers, Who Met Online, Set Up Website To Protect Information Seekers From Attack


In an encouraging fillip for the Right To Information movement, a citizens’ initiative launched online allows applicants a shield of anonymity while seeking information from any public agency. The initiative operating under the ‘RTI Anonymous’ banner was floated on October 15 by three engineering professionals and comes at a time when transparency movements both in India and abroad are fighting for survival as information seekers are forced to work in an environment of growing hostility and resistance.

Earlier this week, citing financial reasons, whistleblower website Wikileaks announced that it would temporarily stop publishing secret government files. Closer home Prime Minister Manmohan Singh recently suggested that RTI was interfering with the working of the government. Attacks on information seekers have become commonplace, with transparency groups estimating that 28 activists have been killed since the RTI Act was passed in 2005.

For NRI Anand Sharma, web-designer from Delhi Avnish Singh, and IIT-Kharagpur student Ritesh Singh, it was the murder of RTI activist Shehla Masood which served as a wake-up call. Strangers to each other till social activist Anna Hazare’s India Against Corruption movement brought them together on common online fora, the trio decided to move beyond the agitation, pool in their expertise and lift the shadow of fear enveloping the RTI.

“The three of us were on a common social networking group and would post our opinions on what should be done next. This led to online chats and conference calls during which we realized that people who dared to stand up against corruption were being victimized,” recalls Sharma, an engineer working in the US. Given their technical know-how, setting up a website to facilitate RTIs for applicants who didn’t want to reveal their identity seemed the most logical step. The website, getup4change.org, allows anyone to log on and draft an RTI on the site or email the group using a dummy email ID. The trio and their informal network of volunteers take over from there.

“We file the RTI through random volunteers, who are based in different parts of India, thereby completely bypassing the possibility of any victimization. For instance, a volunteer in Delhi with a legitimate Delhi address files an RTI for an issue concerning Bangalore authorities,” explains Ritesh (19), adding that fellow-IITians have been volunteering to file the RTIs. Activists are more susceptible to attacks if they are within “geographical limits of the authorities they are seeking information for”. Dispersing the network of applicants, thus offers some degree of protection to information seekers.

Within two weeks of its launch, the group has drawn 35 volunteers including retired public information officers and received 105 applications on subjects varying from the spending of Parliamentarians to the illegal quota of liquor shops in Karnataka and misuse of funds in MP.

Calling the initiative a good idea, chief information commissioner Shailesh Gandhi said that the protection of whistleblowers has been a growing concern. “Such initiatives will ultimately strengthen the RTI movement. The only challenge is that information officers are unlikely to reveal sensitive information at the first go and the group would need to pursue matters diligently,” he cautioned. The challenges are evident. The website has in fact already faced a hacking attempt.

HOW IT WORKS

 
l RTI applicants can log on to www(dot)getup4change(dot)org
l Click on the ‘Submit RTI’ link to file a Right To Information application
l Users can also send an email with a dummy email ID, if they wish
l The team files the RTI through their network of volunteers at no cost to the applicants
l Applicants can choose to be appraised on the progress of their application via email
l The information or document is put up on the site once obtained
l The group has no details of applicants. So, identity of information seekers is protected

FREEDOM UNDER THREAT

Attacks on information seekers have become commonplace with transparency groups estimating that 28 activists have been killed since the RTI Act was passed in 2005
OCTOBER 2011 | Two Goan RTI activists, Derrick Dias (61) and Ganasham Kunkolkar (42) have been repeatedly attacked following their complaint against illegal motor garages
AUGUST 2011 | Environmental activist Shehla Masood (35) was shot dead in Bhopal while she was on her way to a rally in support of Anna Hazare
AUGUST 2010 | Activist Ramdas Ghadegaonkar was killed in Nanded after his RTI exposed irregularities in fuel and grain allocation under the public distribution system
MAY 2010 | Social activist Dattatreya Patil, who used the RTI to expose fake registration of handloom societies in Maharashtra, was killed in the textile town of Ichalkaranji
JANUARY 2010 | Whistleblower Satish Shetty who had exposed a series of land scams in the areas of Pimpri-Chinchwad, Talegaon and Lonavala was killed in Pune while he was taking a morning walk

The RTI is a landmark initiative in Indian democracy. It is unfortunate that activists and information seekers using this rightful transparency tool have been victimized and many have even lost their lives. It is time the government passes a legislation for the protection of whistleblowers.

The state should also be more proactive with its disclosures. Making citizens run around for information that is rightfully theirs is inexcusable. Any effort to dilute the RTI should be vehemently opposed.

If you have doubts about the marks you have secured, here’s how to apply to access a copy of the answer sheet. 

The Right to Information Act 2005

Application to obtain information
Date:
By Speed Post
To,
The Public Information Officer
______________________ Board
Address:

1. Name of the applicant:
2. Full address:
Mobile phone number:
Email ID:
3. Particulars of information required:
My son / daughter / ward _____ (write name here) _____ appeared for _____ standard examination of your board in the month of _____ . A photocopy of the mark sheet is attached for ready reference.
Please permit me and my son / daughter / ward to inspect his / her answer sheet/s as well as other relevant records and also provide me certified photocopies of his / her answer sheet/s pertaining to the following subjects:
[A]
[B]
4. Details of payment of filing fees.
5. Please rush the information to me by Speed / Registered Post.
6. Please also provide me file notings and action taken report on this application along with your reply. 

Note: I am emphatically drawing your kind attention to,
(A) 49-page judgment of a two-judge bench of the Honourable High Court of Calcutta in M.A.T. No. 275 of 2008 in University of Calcutta and others versus Pritam Rooj.
(B) Judgment dated 30-08-2010 of the Honourable Kerala High Court in WP(C). No. 6532 of 2006(C).
© Madras High Court judgment dated 13-09-2010 in R Ramasamy versus Dr Ambedkar Law University in W.P. (MD) No.4815 of 2008.

Signature of applicant

Authority:  I authorise and permit the public information officer, to supply information sought by my father / mother / guardian and also allow me and my father / mother / guardian to inspect relevant answer sheet/s and connected records as requested per this application. I waive notices under section 11 of RTI Act 2005. I am an Indian citizen.

Signature of examinee:

          Generally, when you go to a Govt. office to get some work done, the situation is quite pathetic. The Govt. employees will either not listen to you or they will give you a vague response or they will raise some “irrelevant” objection. 

          This is generally done because the employees are “fishing” for a bribe! They are hoping that you will get frustrated and give them a bribe to “move things faster!” Do not give the bribe to them. Use the RTI Act and get your work done. Here we will show you how you can do this!

          Just as an example, let us assume that you applied for a new water connection about a year back, but still nothing has happened about it. What you should do is, write an application according to the rules of your state and send it to the PIO of the Govt. department you are dealing with.

The application you write can be on these lines:

I had applied for a new water connection about a year back, but have not received the same. Copy of the receipt of the same is enclosed for your reference. Please provide the following information with respect to the same:

• Please provide the daily progress report made on my application.
• Please give the names and designations of the officials with whom my application was lying during this period. Please intimate the periods when it was lying with which officer and what was the action taken by that official during that period.
• Please give the proof of receipt and dispatch of my application in the office of each of these officials.
• According to your rules, in how many days should a new water connection be granted. Please provide a copy of these rules.
• The above officials have not adhered to the time limit mentioned in these rules. Are these officials guilty of violating these rules and hence guilty of misconduct under their conduct rules. Please give a copy of their conduct rule, which they have violated by violating the above mentioned rule.
• These officials have caused serious mental injury to me by making me run around all this while. Are these officials guilty of causing mental harassment to the public?
• What action can be taken against these officials for violating all the above rules and the conduct rules? By when this action would be taken?
• By when would I be granted my water connection?

         Normally, it becomes difficult for the officials to reply to these questions. If they do reply to all the above questions, this will lead to them taking action against the officers who have not been performing their duties. The general experience is that the moment you file such an application, the work is done. 

RTI (Right to Information) act has given the people, the power to CHANGE the country. The RTI act has made the inner working of the Govt. transparent! If YOU, the average citizen learns to use this act, YOU can change the country.

Here i have told everything that you need to know about the RTI Act, how you can use it, how it affects you etc! Even if you know nothing about “politics” or “laws” do not worry. If you think that the RTI Act does not affect you, "YOU ARE WRONG!" If you are a citizen of Indian, the RTI Act has given you a lot of power that you can and must use.

For example, next time you ask for a “phone line” or a “water connection”, if you use the RTI Act, you can get your work done quickly. You will not have to make 15 trips to the Govt. offices and bribe and beg the officials to get your work done. RTI has changed all that.

If you are young and cannot appreciate all the above points, then believe us that sooner or later you will have to go and get some of your work done though Govt. offices. When you do, you will appreciate the power RTI. But, by then it will be too late.

Basically, if you are an Indian, YOU MUST read this! Not only that, do tell as many people as you can to also read this. Do this for your country!

Now, we shall try to understand what the RTI Act is all about... 

What is RTI?

RTI stands for "Right to Information". Right to Information is a fundamental right that every citizen has! Basically, the RTI gives you all the information that you want about the Govt. and what they are doing with your tax money!

You have the right to ask the Govt. why the roads outside your house are not fixed, why have you not received your “rashan card” as yet, why is there so much garbage in your area that is not picked up etc.

If RTI is a “fundamental” right, then why do we need an “Act”?

Simply because if you go into a Govt. office and demand that they tell you why your work has not been done, they will not entertain you or might even throw you out. If it’s a law, then it becomes harder to do this. If they do not give you the information you want, they will have broken a law and can be punished for it!

Who will give me information I am looking for?             

One or more officers in every Government Department have been made "Public Information Officers" (PIO). If you want some information, you need to file an application with the PIO. The PIO’s are responsible for collecting information wanted by you and providing that information to you.

Also, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO.

Can the PIO refuse to give me information?

A PIO can refuse information on certain subjects. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc. 

But, do not worry about this!

For an average citizen like you and me, the information we are looking for does not come under these categories. So the PIO can not refuse to give us information.

Where do I submit the application for information?

You can do that with the PIO or with APIO of the Govt. department you are questioning. In the case of all Central Government Departments, certain "post offices" have been designated as APIOs. This means that you can go to any of these post offices and submit your “fee” and “application” at the RTI counter in these post offices.They will issue you a receipt and acknowledgement and it is then the responsibility of that post office to deliver it to the right PIO.

Is there any fee? How do I deposit that?

Yes, there is an “application fee”. For Central Government Departments, it is Rs.10. However, different states have different fees.

For getting information, you have to pay Rs.2 per page of information provided for Central Government Departments. It is different for different states. Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs.5 for every hour or inspection. This is according to Central Rules. For each state, you need to see respective state rules.

You can deposit fee in cash or through a DD or bankers cheque or postal order. You can then deposit your application either by post or by hand. 

What should I do if the PIO does not accept my application?

You can send it by post. Once you send it along with the fee, your job is done. 

You should also make a formal complaint to the respective “Information Commission”. The Information Commissioner has the power to impose a penalty of Rs.25,000 on the concerned PIO officer who refused to accept your application. But it is most likely that the PIO will accept your application. 

Is there an "application form" to be filled?

For Central Government Departments, there is no form. You should apply on a plain sheet of paper like an ordinary application. However, many states and some ministries and departments have prescribed formats. You should apply in these formats. Please read rules of your respective state.

How can I apply for information?

Draft your application on a normal sheet of paper and submit it by post or in person to the Public Information Officer (PIO). [Remember to keep a copy of the application for your personal reference.]

How can I send my application fee?

Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:

• In person by paying cash [remember to take your receipt]
• Demand Draft
• Indian Postal Order
• Money orders (only in some states)
• Affixing Court fee Stamp (only in some states)
• Banker’s cheque

Some state governments have some "head of account". You are required to deposit fee in that account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favor of that account along with your RTI application. Please see respective state rules.

What if the PIO is not available?

In case the PIO is not available you can submit your application with the Assistant PIO or any other officer designated to accept the RTI applications.

Where can I find the concerned PIO?

A list of PIOs/APIOs for all Central and State departments/Ministries is available online at www.rti.gov.in

What if I can not locate my PIO or APIO?

In case you have problems locating your PIO/APIO you can address your RTI application to the “PIO C/o Head of Department” and send it to the concerned department with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.

Is there a time limit to receiving information?

Yes. If you file your application with the PIO, you must receive information within 30 days. In case you have filed your application with Assistant PIO then information has to be made available within 35 days.

Do I have to give reasons why I want a particular information?

Absolutely not! You are not required to give any reasons or additional information other than your contact details (i.e., Name, Address, and Phone No.)

Can the PIO refuse to accept my RTI application?

No. The PIO can not refuse to accept your application for information under "any circumstances". Even if the information does not pertain to his/her department/jurisdiction, she/he has to accept it. If the application does not pertain to that PIO, he would have to transfer it to the right PIO within 5 days.

How does this law help me in getting my work done?

Let us take the case of Chirag. He was not being given his ration card. But when he applied under RTI, he was given a card within a week. What did Chirag ask? He asked the following questions:

• I filed an application for a duplicate ration card on 27th January 2004. Please tell me the daily progress made on my application so far. i.e. when did my application reach which officer, for how long did it stay with that officer and what did he/she do during that period?
• According to the rules, my card should have been made in 10 days. However, it is more than three months now. Please give the names and designations of the officials who were supposed to take action on my application and who have not done so?
• What action would be taken against these officials for not doing their work and for causing harassment to the public? By when would that action be taken?
• By when would I get my card now?

In normal circumstances, such an application would be thrown in a dustbin. But this law says that the PIO has to reply in 30 days. If they don’t do that, their salary could be deducted. The problem is that it is not easy to answer these questions.

The first question is: Please provide the daily progress made on my application. There is no progress made. But the government officials cannot write in that they have not acted for so many months. Else that would be “admission of guilt on paper”. Which in a legal term for saying that they are going to be “booted”.

The next question is: Please provide the names and designations of the officers who were supposed to take action on my application and who had not done. If the government provides names and designations of the officials, their responsibility gets fixed. Any officer is most scared of fixing of responsibility against him in this manner. So, the moment one files such an application, his/her pending work is done.

What should I do after getting information?

It depends on why you asked for that information and what type of information is it. Often a lot of things start falling in place just by asking for information. For instance, you would get your passport or a ration card just by asking for the status of your application. In many cases, roads got repaired as soon as the "money spent" on repairs was asked. So, seeking information and questioning the government is an important step, which in itself is complete in many cases.

But suppose you expose some corruption or wrongdoing using RTI. Then, you can complain to vigilance agencies, CBI or even file an FIR. 

But one thing is certain. Seeking information like this and exposing the corruption does improve the future. The officials get a clear message that the people of that area have become alert and any wrongdoings in future would not remain hidden as they were in the past. So, their risks of getting caught increase.