Theme: Citizen Rights & Constitution

Online RTI Application

How can the guide help you?

The Nyaaya Guide on Online RTI Applications provides applicants with the steps to take when seeking information under the Right To Information Act, 2005. This guide summarises the processes involved in filing an RTI application online, appeals against certain authorities’ decisions, as well as complaint mechanisms for any online grievances. This guide also serves to inform citizens of their rights in seeking information from the central and state governments through their online portals.

What are the laws being discussed in the guide?

The Nyaaya Guide on Online RTI Applications explains the Right to Information Act, 2005, and the Right to Information Rules, 2012.

 

RTI application

RTI information

info

 

Resources

Contact Information

The Helpline and email address are for queries faced while filing the online RTI through the portal.

  • 011-24622461 (9:00 AM to 5:30 PM, Monday to Friday except for Public Holidays)
  • helprtionline-dopt@nic.in

The Helpline and email address are for queries faced while filing the online RTI through the portal.

  • 011-24622461 (9:00 AM to 5:30 PM, Monday to Friday except for Public Holidays)
  • helprtionline-dopt@nic.in

Checklists

  1. Check whether the applicant is eligible to file an RTI depending on their citizenship and residency status.
  2. Check whether the information required is exempt from disclosure for any reason whatsoever.
  3. Check whether the applicant has addressed the RTI application to the correct public authority.
  4. Check whether the applicant falls under the category of Below Poverty Line. If yes, such applicants are not required to pay application fees. If not, applicants are required to pay a fee of Rs. 10 with their application.
  5. Check that the applicant adheres to the timeline for the online first and second appeal, if made.

Source of Information

  • Guideline

User Manual – Online RTI Application – https://rtionline.gov.in/um_citizen.pd

Right to Information Act, 2012

Right to Information Act, 2005

  • Important Links

RTI Sample Application Form – https://onlinerti.com/rti-forms/Center.pdf

RTI FAQs – https://rtionline.gov.in/faq.php

First Appeal Portal – https://rtionline.gov.in/

Second Appeal Information – https://cic.gov.in/second-appeal-guidelines

What are some examples of when a Habeas Corpus petition can be filed in Court?

Here are some examples of situations in which a person can file a Habeas Corpus petition:

  • When a person is arrested, arrest law states that a person should be produced before the Magistrate within 24 hours. The police are required to produce every arrested person before the Magistrate to ensure that there have been legal grounds for the arrest of the person. However, if the police fail to bring that person to the Magistrate then it could amount to illegal detention. In this case, the person arrested or family/friends of the arrested person can file a Habeas Corpus petition in the High Court or the Supreme Court.
  • Under certain special detention laws such as the Armed Forces (Special Powers) Act, 1958 a person can be detained up to 3 months without being produced before the Magistrate. The detention laws have longer periods of detention as they relate to crimes in sensitive areas. These detention laws have broad criminal provisions and thus, the possibility of abuse in these cases is higher. The Habeas Corpus writ is a recourse for people illegally detained under this law.

Can a Public Information Officer release information belonging to third parties under the RTI Act?

If the RTI application you have made is in relation to confidential information belonging to a third party which was supplied to the public authority, the PIO has to follow certain steps.

  1. The PIO has to send a notice to the third party within 5 days of getting the application.
  2. The third party has 10 days to agree with or object to the PIO releasing its confidential information to you.

After giving the third party an opportunity to make its submissions, the PIO has to make a decision on whether to disclose the information to you within 40 days of receiving the application. The PIO will at the same time send a notice to the third party regarding her decision – the third party has the option to appeal against this decision.

What will happen if only a portion of the information I sought through the RTI Act, is exempted under the law? Will I get the non-exempted information?

If the information contained in the record can be separately provided (not containing the exempted information), then the public authority should give you the information in response to your request. For example, details regarding vendors for the purchase of defence equipment can be provided separately from details regarding the defence equipment being deployed during a conflict.

In such a case, the PIO has to give you a notice containing the following details:

  • Fact that only a portion of the records you asked for is being provided (the exempted information has been removed from the record)
  • Reasons for why this decision was made
  • Name and designation of the person who gave the decision
  • Details of fees to be paid and
  • Your right to review this decision (including details of the appellate authorities/ officers and fees to be paid).