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Thread: Need to have penal provisions for misusing RTI Act

  1. Re: Need to have penal provisions for misusing RTI Act

    To the best of my understanding, the provisions of RTI Act 2005 at best enable a citizen to obtain certain information which otherwise is inaccessible in the normal course. I am willing to be corrected if I am wrong.

    If a citizen uses the acquired information for settling his personal scores with his employer or another body, I presume there are specific laws to take care of them.

    For instance, I have resigned from an organisation which indulges in several statutory violations and normal business conventions in connivance with several government authorities. I am planning to file a series of applications under the RTI Act so that I can obtain the required information to be submitted to the respective authorities with inferences. From an outsiders point of view this might look like some personal agenda but it is actually not.

    The purpose of the RTI application should be viewed in a wider perspective. The proportion of misuse might be very marginal and hence it should not be taken as a justification to dilute the existing act in any way. The politicians would be more than willing to jump and disintegrate the whole act within no time.



  2. Re: Need to have penal provisions for misusing RTI Act

    venufightsforjustice ji,

    I totally agree with what you posted, and I even suggest that more and more higher powers like imposing more fine to PAs, in case of providing wrong information CIC should have the authority to pass the decision of making remarks in the respective information providing authority's Service record, using the following and many other provision in the law by CIC
    [Section 177. Furnishing false information
    Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

    Or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]

    which may help in strict implemention of RTI Act, 2005.

    I heard from some PAs that: at last what CIC can do them, they are ready to pay fine i.e. upto Rs.25,000/- which reflects that their negligency in implementing RTI Act, 2005.

    Hence for strict implemention of RTI Act, 2005 one should advocate for more and more strong powers to CIC.


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