Misuse of rti act 2005

**colnrkurup** · 04-09-2009, 11:49 AM

The very term "Misuse of RTI Act" is a paradox. The RTI Act 2005 deals with seeking and providing or not providing information .It has absolutely no concern with its use or misuse. The Architect of the Act in its Section 6(2) made it too unambiguous that " An applicant making request for information shall not be required to give any reason for requesting the information ..etc..." . It further amplify the Fundamental Rights envisaged in the Constitution of India. The Act proclaim that every Public Authority will provide certain information to its ciyzens for a CONSIDERATION. This amount to a contract the same way a PIO or AA or SIC or a government servant is employed. Government pay for his services and he serve.

The government does not have any right to ask how the government servant uses the consideration he got for the services rendered by him. He can use his pay and allowances whichever way he want to use . He can spent it for his food, use it as a charity or give it to temple or use it to pay bribe or even to promote antinational activites. If he indulge in any unlawful activities like black-mailing with his pay he is booked for the crime and not for receipt of remuneration. Similarly seeking and providing information is a contract. The cityzen obtain it on consideration on a contract. The moment he get the information as per the contract and the period of limitation to crib is over, the contract stand terminated.. The cityzen is at liberty to use the information so gained in any way he like it. If he has used the information for unlawful purpose, he is booked for the crime of unlawful activity and not for obtaining information. The cityzen's activities subsequent to obtaining the information has no concern with seeking information.

Leave aside this fact. How can one misuse an information without obtaining it or getting it ?. Seeking an information cannot be a misuse But after obtaining the information through RTI, it can be used for the purpose for which it was intended or not used or used for unlawful purposes etc. That cannot be a reason for denying such informtion.Yes ! If the PIO got the gutts let him deny the information stating that "since you will be misusing the information if provided the information is denied". Can he ? The role of the PIO finishes after he provide the information. Why it is used is not of his concern. The bogey of "Misuse" therefore is used mostly by media and higher heirarchy only to disuade or belittle the applicant from seeking inconvenient information.if disclosed is likely to expose maladministration. The socalled public minded authroity can definetely take action as per the laws of the country if any cityzen even if he is not an RTI Activits resort to unlawful activities with information or with money or muscle power or anything for that matter. Why are they after the RTI alone with Misuse Bogey ?

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**rajub** · 04-09-2009, 02:02 PM

Sponsorer

Col,

I agree completely with you!

But for the issue to be discussed considering all the angles it can be viewed from I put forth (probable) interpretations by a "believer" in the term "misuse of RTI Act".

1] ...... A person makes an application under RTI for non existent information which unnecessarily increases the workload of the PA even if it is rejected by the PIO as applicant may go upto second appeal or even to HC.

This logic is applicable to large number of applications, repeated applications, seeking information already available on the internet etc.

2] ....... A person has some scores to settle with the PA or with some officer of PA. In this case a person is termed "psychic".

Do you remember a sacked employee made some applications. The PA pleaded harassed by the employee. The Hon'ble CIC Shri Tiwari accepted the version of the PA and labelled the applicant "serial petitioner" and summarily dismissed the appeals without going into the merits of the appeals/applications.

The good thing is the applicant did not loose heart. Made another application. Went into second appeal. This time the same CIC who earlier branded the applicant "serial petitioner" disposed off the appeal going into the merits of the case.

There are members in this forum who genuinely feel the Act can be (and actually it is) misused.

I think the discussion would be more informative and useful if such members put forth their views in detail.

**colnrkurup** · 04-09-2009, 02:35 PM

Is there any usable thing which cannot be "Misused" ? Every item - money strength, wisdom, ideology etc., etc., can both be used and misused. Do you mean to say that since it can be misused, one should desist from using it ? Look at Article 356(1) of the Constitution - Desolution of the Assembly. This forum does not need my explanation to realise that it is MISUED more than its USE . Do you mean to say that it should be abbrogated ? Money is a thing both used and misused maximum. Do you mean to say that the usage of 'Money" should be abolished. It is a universal reality that anything that can be used is liable to be misused. My objection is only against applying this univeral truth against the RTI Act alone as a pretention for not using it.

Coming to your querry about someone seeking non-existant information, what stop the PIO from replying that the "the information sought by you is not held" ? As regards increase in work load of PA, he is paid for it and the applicant apart from sharing the natinal burden make additional expenses ad dictated by the PIO. When the applicant pay for the information it is the duty of the PA to provide it whether he like it or not. Imagine the extend of expenditure, waste of time and effort on the part of applicant for initial application, first appeal and second appeal. Do you mean this has no meaning ? For every repeated application additional expenditure is incurred by the applicant. He won't do it just for the hack of it. He might have been pressed to the wall. In case the information already available in the web, what stop the PIO in providing it a copy, charging the prescribed fee. \\

The answer is too simple. It hurts the EGO of PA. His thinking is "How dare this pidly Cityzen ask the MIGHTY ME such information ? Till recently he dareD not do it. It is high time that the so called government Officers and government staff are told that they are simply PUBLIC SERVANTS and start behaving like one..

**rajub** · 04-09-2009, 04:17 PM

Hmmm,

Any comment from supporter of statement "RTI Act can be misused"?

Col,

I don't mean anything you pointed out.

As I said in my earlier post there are members who genuinely feel RTI Act can (and actually is) being misused.

I am looking forward to posts from them.

**Atul Patankar** · 04-09-2009, 09:08 PM

Let us make a small list of such attempts to undermine RTI Act, already discussed on this forum

There will be many many more not reported here. Many of them are 'absurd' alegations. But, a lie macro enough is more powerful than any micro truth! This is a systematic and conscious effort by a section of bureaucracy to create a picture of RTI Act being used by terrorists, criminals, blackmailers, and mentally challenged people lebelled as habitual or serial applicants. The ultimate aim seems to be to change some key provisions, and to render the act toothless and give it a silent burial![/

The 'sensation monger media is a perfect tool to disseminate this misinformation. This is war, and these are tactics in what the colonel may call psy-ops!

In real life situations, whenever we come across a person who may seriously believe such allegations, we should counter by recounting the consequenses faced by RTI activists who have asked uncomfortable questions - some day I will make a list of such incidences reported on this forum - Activits killed, beaten up, transferred, harrased, etc. And the problems they are facing are acutely real - not imaginary
Any more suggestions to counter the 'misuse' argument