Right to Information Act, 2009 is a milestone in the legal history of Bangladesh. This is the first act after independence of Bangladesh that ensures people’s right to obtain information from the government officials and other organisations. This act covers all bodies owned, controlled or substantially financed either directly or indirectly by the government and NGOs and the principal bodies substantially funded by the government.
What is information?
According to the Right to Information Act, “information means documentary material in relation to an authority’s constitution, structure and official activities and includes: memo, book, design, map, contract, data, log book, order, notification, document, sample, letter, report, accounts statement, project proposal, photograph, audio, video, drawing, film, any instrument prepared through electronic process, machine readable documents and any other documentary material regardless of its physical form or characteristics.”
The information which would not be disclosed
Under section 7 of the RTI Act, 2009, following information would not be disclosed in the name security and sovereignty of the state. Hence, people will not able to get the following information:
1) Information relating to:
State security
Sovereignty
Foreign policies
Defence
Public business
Strategy of scientific policies
Intelligence report
State honour
2) Information that may affect the government financial policies
3) Information that may affect the international relationship
4) Any such information that may, if disclosed, offend the privacy of the personal life of an individual
5) Any such information that may, if disclosed, endanger the life or physical safety of any person
6) Any information given in confidence to any law enforcement agency by a person
Applying procedure to obtain information
Under section 8 of the RTI Act, 2009, people have to apply in writing either physically or electronically or by e-mail to the concerned office. In the application, the applicant has to give the following information:
Name, address, and where applicable contact number and email address of the applicant.
Correct and clear description of the information sought.
Any other useful and related information that might help locate the information sought.
Description of the mode of receiving the information sought, namely by inspection, taking photo copies, taking notes or any other approved methods.
Appeal against the concerned authority if it fails to provide information within the prescribed time period
Under the existing RTI Act, 2009, if any person does not get the information sought by him, he may prefer an appeal against the concerned authority:
• If the concerned responsible officer fails to provide the information within the time period, the aggrieved person has the option to appeal within the next 30 days from receiving the decision or after the expiry of the time period.
• If the appellate authority assumes that the aggrieved persons has justifiable reasons to get information, it may order the concerned officer to provide the information within the next fifteen days. In other cases appeal would be rejected.
• If the concerned officer is directed to provide the information by the appellate authority, he must provide the information to the appellant within the time specified in Section 9.
Providing false, incomplete or misleading information
Under section 13(E) of the RTI Act, 2009, if any concerned officer provides any false, incomplete or misleading information to the applicant, the concerned officer will be penalised under section 27(D) and (E) of the RTI Act 2009. Moreover, information commission can also recommend taking departmental action against the concerned officer.
Right to Information Act, 2009 is indeed a great feat in terms of citizen’s empowerment and its development. The problem lies in the fact that people are still unaware of this act. Now it is the responsibility of the media, civil society and different national and international NGOs to educate people about the RTI Act, 2009 so that people can make the best use of the law.
