No Right to Information??

As a welcome and much needed reform in the world’s largest democracy, India enacted the Right to Information Act of 2005. Two years after this step, the Government of India announced that it was making available this right to Indian citizens abroad through Indian Embassies and missions around the world. First of all, why it took the Government two years to take this step is unclear. Neither the Citizenship Act 1955 nor the RTI statute differentiates between Indian citizens living within India or abroad. So theoretically, all Indians have had this right from day one.

So I am giving the government the benefit of doubt and taking a position that this announcement meant that Indians abroad could file RTI applications at Indian Missions abroad by paying application fees in local currencies. A quick googling on the web showed me that I was not the only one assuming this. Even the Central Information Commission thinks so because it has on its website the same article that most of us on the web read on Government announcement.

Having finally found an avenue to file RTI application, I sent 3 different RTI applications to the Indian Embassy in Washington DC along with proof of my citizenship and requisite fees (I personally think charging equivalent of Rs. 10 in foreign currencies is ridiculous and that it should be at least $1 considering the local costs. But that is besides the point of this article so I won’t digress). Now, just because they are located outside does not mean GOI babus work any differently. Dutifully, the designated PIO at the Embassy replied that such information was not available with the Embassy and that I should apply to concerned PIO instead. Even the Embassy website was updated with that interpretation.

I am no lawyer, but even a cursory reading of Section 6 (3) of RT Act of 2005 and I quote

“Section 6 (3): Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.”

makes it clear that it is the responsibility of the Embassy PIO to forward my application to the concerned PIOs. However, the position of the embassy that it will only accept applications related to information at the Embassy itself defeats the basic purpose of providing RTI facility through the embassies and high commissions. So I guess if you are an Indian citizen living outside India – you have no right to information at least as it stands now because you really have no way to send your application with requisite fees in Indian Rupees.

I have filed an RTI application with the embassy to find origins of this interpretation and validity and I will keep the readers posted.