Below is a description and contact information for each FOIA contact at LSC. Many existing laws on the right to information do not conform to international standards and are not properly implemented and published. Even strict laws can be ineffective if the agents providing information are undertrained, too few, or support a culture of secrecy. People have expressed anger at the corruption they see and experience in their daily lives: from the highest levels of government to access to basic public services. The Freedom of Information Act (FOIA) gives anyone the right to request access to federal agency records or information. The head of FOIA develops recommendations to improve FOIA compliance and effectiveness; disseminating information on best practices and innovative approaches related to FOIA; identifies and coordinates initiatives to increase transparency and compliance with FOIA; and promotes the development and application of common performance measures to comply with FOIA. About 120 countries around the world have right to information laws. In some countries, these laws are top-notch, but in others, the laws do not exist or require important laws. We are also actively engaged in the Conference of States Parties (CoSP) to the United Nations Convention against Corruption, our world`s most comprehensive international convention against corruption, to ensure that the right to information about corruption-related information is respected and protected. Provides information and analysis on open governance initiatives in sub-Saharan Africa, Southeast Asia, Central and Eastern Europe, and South America. The Right to Information Act 2005 (RTI) is a law enacted by the Indian Parliament to “establish the practical regime of the right to information for citizens”.
The Act applies to all states and union territories of India, with the exception of the State of Jammu and Kashmir, which is subject to federal law. Under the provisions of the law, any citizen (with the exception of citizens of J&K) may request information from a “public authority” (a government agency or an “instrument of the state”), which is required to respond promptly or within thirty days. The law also requires each agency to computerize its records for wide dissemination and proactively publish certain categories of information, so that citizens need only minimal recourse to formal requests for information. The Act was adopted by Parliament on 15 June 2005 and entered into full force on 13 October 2005. The disclosure of information in India was previously restricted by the Official Secrets Act of 1923 and various other special laws, which are now relaxed by the new RTI Act. Right to Information movement in India began with the Mazdoor Kisan Shakti Sangathan (MKSS) movement to create transparency in village accounts by demanding minimum wages in rural India. Fake payroll entries were a sign of growing corruption in the system, which encouraged MKSS to demand official information recorded in government records. The Indian Constitution does not provide for a clear right to information. However, the country`s Supreme Court has ruled in several cases that the right to information applies to Articles 19 (1) (a) and 21 of the Indian Constitution, which set out freedom of opinion and expression, or the right to life or personal liberty. In other words, we can say that it (the right to information) protects the very purpose of such articles. Articles 19 and 21 fall under Part 3 of the Constitution, which sets out the fundamental rights of the Constitution of India. In this way, we can say that the right to information can be considered a fundamental right of the Constitution.
Article 19 of the Constitution of India talks about rights and Article 19 (1) (a) we have freedom of speech. This freedom extends not only to the right to freely express one`s opinions, but also to the right to know. This right to information also includes certain restrictions, for example, information on national security or other matters that would compromise the integrity of the nation. But if information is included, for example, in relation to sanitation, then it is not a matter of national security and the public has a right to know why this information is hidden. [1] India is a democratic country. The head of the country is elected by the people of the country. The government of the country has the power to work for the well-being of the country on behalf of the people. The final decision-making power over the well-being of the country is in the hands of the government. The people of the country want to know how the government works. People have a lot of questions about how government works.
To answer all the questions of the public, Parliament passed a new bill known as the Right to Information Act, 2005. The bill was introduced in Parliament on 22 December 2004. After intense debate until 15 June 2005, it was finally adopted on 15 June 2005 and entered into force on 12 October 2005. The Right to Information Act was intended to ensure transparency in the functioning of the central and state governments. The law provides for the practical regulation of the right of individuals to information in order to guarantee access to information under the control of the authorities, to promote transparency and accountability in the work of any public authority. To this end, the Central Information Commission and the National Information Commissions have been established. Prior to the enactment of this Act, the disclosure of government information in India was regulated by a law enacted under the British regime as the Official Secrets Act of 1889 and amended in 1923. After 1923, it took India 82 years to move from an opaque system of government legitimized by the colonial Official Secrets Act to one in which citizens can demand the right to information. The right to information derives from our fundamental right to freedom of expression and opinion under Article 19 of the Constitution of India. It states: “All citizens have the right to freedom of expression and opinion.” The main idea is that if people don`t have information about how government and public institutions work, they can`t express an informed opinion about it. In a system of democracy in which citizens are at the center of government – the domination of the people.
For such a democracy to work, freedom of the press must first be understood. The main raison d`être of a free press is to ensure that citizens are informed. It is clear from this that citizens` right to information is of paramount importance. Supreme Court on the Right to Information as a Fundamental Right: In a famous State of UP v. Raj Narain case, Justice Mathew ruled: “In a responsible government like ours, where all public officials must be accountable for their conduct, there can be few secrets. The people of this country have the right to know all public acts, everything that is done publicly by their officials. You have the right to know the details of each public transaction in its entirety. Their right to information, which derives from the concept of freedom of expression, is not absolute, but it is a factor that should encourage caution when invoking secrecy for transactions that, in any event, cannot have an impact on public safety. In Bennett Coleman, the right to information was considered part of the right to freedom of speech and expression guaranteed by Article 19(1)(a). In p. In the case of Fr. Gupta, the right of the people to know every public act and the details of every public transaction carried out by public officials was described.
The right to information has been recognized as a fundamental human right that respects the inherent dignity of every human being. The right to information is the essential foundation of participatory democracy. It is important to ensure accountability and good governance. The more citizens have access to information, the more the government responds to the needs of the community. The more restrictions on access, the greater the feelings of “helplessness” and “alienation”. Without information, people cannot adequately exercise their rights as citizens or make informed decisions. The free flow of information in India is still severely limited by three factors: a. The legal framework includes several restrictive pieces of legislation, such as the Official Secrets Act of 1923;b. The pervasive culture of secrecy and arrogance within the bureaucracy; andc. Low literacy and legal awareness among the Indian population. The main strength of RTI is the fact that it allows individual citizens to request information. Without necessarily forming interest groups or associations, it places power directly in the hands of the foundation of democracy – the citizen.
The new law passed by parliament places India among the 55 countries that have such legislation. The law gives the citizen the right to receive information on many, but not all, issues. It does not allow citizens to obtain information on specific issues concerning the country`s security, strategic, scientific or economic interests.