APPLYING THE LAW

Responding to Requests: Form of Access

The various Acts in India vary in how they enable people to access information. The Central Act allows for:

• provision of certified copies of documents;
• inspection of the information first, so that the requester can decide whether they want anything copied;
• inspection of public works; and
• taking samples of materials.

Where inspection is involved, you will need to liaise with requesters to set up a convenient time to meet with the requester. It is expected that supplementary regulations or Rules made under the Act will elaborate on the process of providing inspection, particularly in relation to public works, and how to provide samples to requesters. Until such Rules are promulgated however, you should use your common sense. For example, if documents are being inspected, make sure an official is in the room with the requester so they cannot tamper with the information. If a sample is being provided, make sure that you certify the date it was taken, where it was taken from and by whom, to ensure that there are no arguments about its authenticity later on.

The Central Act even requires that where a requester is sensorily disabled, the Public Information Officer must provide assistance to the requester to enable access to information, including assistance with inspection.

Regardless of the form of access requested, the requester should be granted access to the information within the overall time limits set down in the law.

Please click on the link to the Central RTI Act to read the detailed provisions contained in the law. Please click on the link to CHRI's State RTI pages to find out more about relevant rules and implementation in your specific State.