Can a PIO or a OIC apply under RTIA 2005 ?

[karira]

1. I received a email from a member of this forum asking if a PIO (Person of
Indian Origin) card holder can make a application under the Right to Information Act.

The MHA website states that a PIO card holder shall have:

(iv) Parity with NRIs in respect of all facilities available to the later in the economic, financial and educational fields except in maters relating to the acquisition of agricultural/ plantation properties. No parity shall be allowed in the sphere of political rights.
(The spelling mistake is not mine, I just copied and pasted)
(http://www.mha.nic.in/oci/chart.pdf)

As per my understanding, RTI is not Economic, Financial or Educational. Neither is it Political right.

So can a PIO card holder use RTI ?


2. While we are on the subject, can members also clarify, if a OCI (Overseas Citizen of India) or a Dual Citizenship holder, can use RTI ?

The MHA website says about OCI:

(iii) Parity with Non resident Indians (NRIs) in respect of economic, financial and educational fields except in relation to acquisition of agricultural or plantation properties. No parity shall be allowed in the sphere of political rights. Any other benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs (MOIA) under Section 7B(1) of the Citizenship Act, 1955.

(http://www.mha.nic.in/oci/chart.pdf)

Which is basically same as the PIO card holder's rights with the addition of "Any other benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs (MOIA) under Section 7B(1) of the Citizenship Act, 1955."

Thanks
Karira


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[mpai]

Sponsorer

1. I received a email from a member of this forum asking if a PIO (Person of Indian Origin) card holder can make a application under the Right to Information Act.

2. While we are on the subject, can members also clarify, if a OCI (Overseas Citizen of India) or a Dual Citizenship holder, can use RTI ?
Karira

PIO (Person of Indian Origin) can seek information under Section 4 alone. If he applies for info under Section 6, it can be turned down under Section 3 only if the CPIO/SPIO is smart enough.

OCI can seek information under both Section 4 & Section 6.

Manoj

[karira]

Manoj,

I cannot understand your answer clearly.
Can you please elaborate and also give justifications for your interpretations so that other members can also read and opine.

[mpai]

Manoj,

I cannot understand your answer clearly.
Can you please elaborate and also give justifications for your interpretations so that other members can also read and opine.

Information under Section 4 of the Act has to be kept in Public Domain i.e. notice boards, websites etc. Information on the PA, the budget, plans, names and details of PIO etc. are covered under this section. This information can been seen by almost any body, even those who are not citizens of India. This means almost anybody come and seek information which are listed in this section.

Section 3 states that all Citizens of India have right to information.

Application for information which is not covered under Section 4 has to be requested under Section 6. This will include file notings, letters, correspondences, FAX messages, plans, reports etc. except those that fall under excemption category as listed in Section 8 & Schedule II. Majority of the information requested by us fall in this criteria. Only citizens can ask for this information.

Manoj

[karira]

Manoj,

Thanks for your detailed explanation.

Actually, I was on another track of thinking.

There are 5 categories:

- Indian Citizen
- NRI
- PIO
- PIO Card Holder
- OCI

No issues on the first two categories.

I wanted a clarification whether PIO Card Holder and OCI can use the RTI ACT as much as a Indian Citizen.

To me, the answer is yes. Because both have the same rights as citizens except for Political Rights. Applying under the RTI Act is not a political activity.

In any case, when anyone applies under the RTI Act 2005, he can do it in person or by post. If he looks like a Indian , who will ever ask him for proof of citizenship ?