To contain the spread of COVID-19, the Government of India had imposed a lockdown in the country in March 2020[1]. Movement of people, goods and services was restricted. Central/State Government Offices/PSUs were closed down and if they were allowed to open, then they were functioning with limited strength or working from home.
In such a scenario, while on the one hand, the question of how to file and submit the RTI application/appeal and fees troubled an RTI applicant/appellant, the timely implementation of the RTI Act too became a cause of concern for the CPIO/public authority. Both these issues however, can be easily addressed.
Online RTI Applications/Appeals:
During a lockdown period, the Department of Personnel and Training’s (“DoPT”) e-filing facility @ https://rtionline.gov.in can be used for filing online RTI applications/ appeals and for e-payment of RTI fees. This facility is however limited only to the Ministries, Departments, Public Sector Undertakings and other Institutions of the Central Government. Therefore, the State public authorities cannot be approached through this site.
State Government Online RTI facilities:
The State Governments of Karnataka, Rajasthan, NCT Delhi, Kerala, Meghalaya, Maharashtra, Odisha, Uttar Pradesh offer the facility of online filing of RTI Applications, hence, in these States, online RTI Applications can be filed. Links can be accessed here.
RTI Applications concerning life and liberty:
In its CIC decision no. CIC/DOP&T/C/2018/628739/MOHRD/03274 dated 22.4.2020, Mohit Kumar Gupta Vs. CPIO/ University of Delhi, CIC directed that:
“…all public authorities should encourage RTI applications through e-mail in case of life and liberty matter. A unique e-mail id can be created by the CPIOs in this regard and reflected in their respective website. A method of online acceptance of RTI fees also has be thought of in this regard. In so far as other normal RTIs are concerned the RTI portal can be used“
Hence, in case information is being sought in respect of the “life and liberty” of a person, the Applicant can submit the RTI Applications at the known e-mail id of the CPIO by citing the above CIC decision.
Reply of the CPIO:
The RTI Act mandates that the CPIO has to provide a reply within 30 days of the receipt of an RTI application. If, this 30 day period is breached, penalty can be imposed on him. However, in the times of lockdown, the CPIO can take the stand that due to lockdown, it is difficult to assess whether information is available with its public authority and even available, due to lockdown, it might become inaccessible. He can therefore, give an interim reply as above and provide information when it becomes accessible to him.
Filing of RTI Appeals:
The RTI Act, lays down a period of limitation for filing RTI first appeals and second appeals. However, since, the Supreme Court has vide its order dated 23.3.2020, extended the period of limitation for filing petitions/applications/suits/appeals, in any court/tribunal/forum in India till its further orders, the period of filing RTI appeals too gets extended and the RTI appellants can file the RTI appeal when the lockdown ends.
SIC websites:
The State Information Commissions (SICs) provide various online facilities to the appellants, complainants such as e-filing of RTI appeals/complaints on their respective websites. A list of these websites can be accessed here.
Functioning of CIC/SIC during lockdown:
During the lockdown, CIC conducts audio/video conference in RTI appeals and complaints and in its notice for hearings informs that:
- Personal appearance of parties or their representatives is not required at the Central Information Commission.
- RTI matters will be heard through video conferencing/audio conferencing, as may be available.
- Parties are advised to upload their submissions on the respective website URL Link: http://dsscic.nic.in/online-link-paper-compliance/add.
- If you insist for your personal appearance, please inform by email to (sharma.subhash@nic.in), otherwise, the matter will be considered based on your submissions on merit.
- For availing option of audio hearing please intimate your Mobile No.
Recently, the CIC has requested for updation of e-mail id and mobile number for such hearings. Arunachal Pradesh Information Commission (APIC) has also decided to conduct hearings through video conferencing.
References:
[1]25th March 2020
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