Devinder Chopra | 18 May 14:11 2016
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Re: [IAC#RG] NARENDRA MODI’S TWO DISMAL YEARS AS PM

Friends All,
                  Have we seen or noted the changes that have occurred in our great Republic....now free from the foreign hand, after 1947.....?  
Plus also, whatever came to pass in the first 47 years during the previous century (and before our Independence and our Division ? ) Do we see it ?

We have had massive changes occur on the ground, where minorities and majorities have come to pass.  Do we not see the great changes that too have occurred, during these past 70 years of our being free of the foreign rule ?  Some massive changes have come to pass say in Assam, as a starter where the issues of majority and minority are concerned. Are these ... plus more points...not visible to us all ?

We may regard the major change of May 2014 as a democratic process, but does the other half (the ones now in the Opposition) accept the change, truly speaking ? 
The media tends to play it up, of course, but lets not forget that the "other half" of our democracy does not seem to accept the change our polity did throw up in May 2014.

Our democracy seems to depend totally upon who follows which religion or belongs to which caste, forgetting for the moment a few millions in our urban societies who may be as democratic as the world understands it all. May be. 

With all of that as a backdrop, the perennial J&K problem, and the fringe elements among our religious polities...even "spread-out" at our campuses and our unending issues related to "tolerance" or "secularism" we in India are still in a major flux of sorts.

Within all of that i call it 'a slippery mess', the Chinese have made a move with Pakistan at their "beck & call" and Nepal having slipped away towards China ...  are we not in an era of uncertainties ? That may very likely to show us one more route of sorts depending upon the forthcoming results in the 5-State election results that may start pouring in 19 th May onward ....!

All said and done, we are and will remain in this state of flux we have created for ourselves. Period.

Best regards and Peace.

dev chopra in gurgaon
***   


 


On 18 May 2016 at 14:04, YAH00!!! <rakshpal.abrol-/E1597aS9LQxFYw1CcD5bw@public.gmane.org> wrote:
Dear Sir,
I  appreciate your feeling about the work of Prime Minister Shri Narendra D Modi.
You being very good qualified advocate must be well aware about Seven Years of Pandit Jawahar Lal Nehru from 1950 to 1952 and from 1952 to 1957.
There after from 1957 to 1962.
Mr. Narendra Damodar das Modi was not aware about the Total Control in the hand of bureaucracy including  his  citizenship.
He was allowed to contest the General Election from Varanasi, as he had his name in the Electroll  from Gujarat.
Any person can contest the General Election if his/her name appears  under Article 326 as Voter.
He had taken oath under Article  85 (a) prior to get nominated for  Lok Sabha.at Two Places one at  Vadodara and other at Varanasi.His name was proposed by other persons from these constituencies. How many people know this loop hole in our Election Process. It is applicable from 1963.
Our Constitution had been amended many times under Article 368,but it was not translated in Hindi prior to 1988.The leading Political Parties had been opposing the translation in Hindi.Specially  CPI and CPIM and  leading parties from South.
We wanted to get our Constitution away from Government of India Act,1935.It was done by late Rajiv Gandhi,when Late R Venktraman was President. Now  Narendra Modi is replacing all English Names of  Ministries  to Hindi.Is it not development?
He started Swachh Bharat Abhiyan in the country.
 
 

Warm regards,
 
Rakshpal Abrol
Consumer Activist
9820203154
rakshpal.abrol-/E1597aS9LQxFYw1CcD5bw@public.gmane.org


From: Aires Rodrigues <airesrodrigues1-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>
To: "indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org" <indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org>
Sent: Sunday, 15 May 2016 6:53 AM
Subject: [IAC#RG] NARENDRA MODI’S TWO DISMAL YEARS AS PM

The Narendra Modi government is completing two years and has failed on all counts while throttling even basic democratic values. The foul modus operandi of high-handedly destabilizing elected governments in non-BJP ruled states must be stoutly deprecated. The right lessons must be learnt from Uttarakhand. India may be publicly acclaimed as the world’s largest democracy but the ground reality is that we are now ebbing away from Democracy with no transparency in the functioning of the Government. Any person attempting to tell the Government that all is not well, gets manhandled. An opponent is incarcerated as a seditionist! 
Narendra Modi rode to power vowing that he will do in 50 months what others had not done in 50 years. He had promised Acche din’ for the Aam Aadmi and Good governance but his then enthusiasm for freedom has been waning away and we now have an emerging culture of surveillance and secrecy.  Over the last two years he has only been blabbering and merrily touring the world. Fascism is at its peak, with sheer intolerance to any criticism
It is no secret that the BJP government is geared, controlled, and manipulated by the RSS and the VHP who are deeply entrenched in their very divisive ideology. The people of India are now seeing through NaMo’s vicious game plan with the chorus already bugling ‘BJP Hatao Desh Bachao. 
Governance by cloak of secrecy and opaqueness needs to be strongly resisted. It cannot be a hush-hush regime. We need to dismantle those walls of secrecy that continue to hound transparency and good governance. Over the last two years the poor have become poorer but only the BJP has become very cash rich.  In those very words of  Narendra Modi ‘Sabko sanmati de bhagwan’ (Let good sense prevail). It is only time that the voices will speak. Jai Hind!


Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues <at> yahoo.com

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Twitter <at> rodrigues_aires



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Aires Rodrigues | 15 May 03:23 2016
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[IAC#RG] NARENDRA MODI’S TWO DISMAL YEARS AS PM

The Narendra Modi government is completing two years and has failed on all counts while throttling even basic democratic values. The foul modus operandi of high-handedly destabilizing elected governments in non-BJP ruled states must be stoutly deprecated. The right lessons must be learnt from Uttarakhand. India may be publicly acclaimed as the world’s largest democracy but the ground reality is that we are now ebbing away from Democracy with no transparency in the functioning of the Government. Any person attempting to tell the Government that all is not well, gets manhandled. An opponent is incarcerated as a seditionist! 

Narendra Modi rode to power vowing that he will do in 50 months what others had not done in 50 years. He had promised Acche din’ for the Aam Aadmi and Good governance but his then enthusiasm for freedom has been waning away and we now have an emerging culture of surveillance and secrecy.  Over the last two years he has only been blabbering and merrily touring the world. Fascism is at its peak, with sheer intolerance to any criticism

It is no secret that the BJP government is geared, controlled, and manipulated by the RSS and the VHP who are deeply entrenched in their very divisive ideology. The people of India are now seeing through NaMo’s vicious game plan with the chorus already bugling ‘BJP Hatao Desh Bachao. 

Governance by cloak of secrecy and opaqueness needs to be strongly resisted. It cannot be a hush-hush regime. We need to dismantle those walls of secrecy that continue to hound transparency and good governance. Over the last two years the poor have become poorer but only the BJP has become very cash rich.  In those very words of  Narendra Modi ‘Sabko sanmati de bhagwan’ (Let good sense prevail). It is only time that the voices will speak. Jai Hind!



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org

                         Or

           airesrodrigues-/E1597aS9LQAvxtiuMwx3w@public.gmane.org


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter <at> rodrigues_aires


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Sarbajit Roy | 17 May 19:19 2016
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[IAC#RG] PUBLIC NOTICE: Delhi Dialogue Commission

Dear IAC'ians

We are pleased to inform you that pursuant to our complaints in
various quarters, the Aam Aadmi Party Govt of Delhi has seen fit to
rename their illegal "Delhi Dialogue Commission" to "Dialogue &
Development Commission".

The "Delhi Dialogue Commission" is our well known name / mark,
The official website  is "http://www.DelhiDialogueCommission.in"
The official Facebook page is
"https://www.facebook.com/DelhiDialogueCommission/"

sincerely

Sarbajit Roy
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Jagjit | 18 Apr 14:08 2016
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Re: [IAC#RG] JUDICIARY NEEDS SOME URGENT CLEANSING

The day judiciary is made ACCOUNTABLE , RESPONSIBLE and TRANSPARENT , the total governing system will change . 

The most important step will be to make changes in the laws , whose provisions are being misused by the advocates.

Sent from my iPad

On 18-Apr-2016, at 12:39 PM, YAH00!!! <rakshpal.abrol-/E1597aS9LQxFYw1CcD5bw@public.gmane.org> wrote:

Dear Sir,
Entire system is highly corrupt. Orders passed under Article 226 and under Article 32 are not honoured by publically by bureaucracy.
 
 

Warm regards,
 
Rakshpal Abrol
Consumer Activist
9820203154
rakshpal.abrol-/E1597aS9LQxFYw1CcD5bw@public.gmane.org



Dear friends,


How to galvanise the justice delivery system? It can't be done through writing mails or holding seminars and penning articles in media or holding debates. You have to sacrifice part of your time and come to the streets to show your resolve.


This is what we at Forum For Fast Justice are doing.


Last month we concluded our 35 days historic cross country Nyay Yatra which can be seen on www.nyayyatra.in and the press reports on Nyay Yatra on internet.


Please find attached our resolution passed at Delhi Convention on 6th March 2016 and also my article on judicial reforms being published in CSR Vision.


We will very much need your active support for realising the goal of fast and fair justice delivery system.


With regards.


(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice
09820403912
E-mail: fastjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org
Web site: www.fastjustice.org



On Sat, Apr 2, 2016 at 3:06 PM, Shanti Bhushan <shantibhush-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:
I was recently told by a very respected lawyer practising in the subordinate courts of Delhi that not less than 80 percent judges are corrupt and less than 20 percent alone are honest.I am not aware whether  present CJI has any concrete plans to deal with this serious situation.Similar might be the situation all over India ,only percentages might be somewhat different in some States.Chief Justice Grimwood Mears of the Allahabad High Court  had taken some drastic steps in1930 to put an end to judicial corruption in the lower courts of UP. Maybe the present CJI also has some drastic remedy in mind to tackle this menace all over India.If he does something history will remember him for ages.

Sent from my iPad

On 19-Mar-2016, at 5:53 am, Aires Rodrigues <airesrodrigues1-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

The recent assertion by the Chief Justice of India T.S. Thakur that the Judiciary is facing crisis of credibility is a very candid admission of the grim ground reality. The framers of the Indian Constitution had envisaged a free, fair and independent Judiciary. It was never visualized that Courts could end up as dens of chicanery and jugglery. It was incumbent to ensure judicial accountability at all times with the entire judiciary conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the temples of Justice become redundant.

The Judiciary should never be manned by persons who are slanted or aligned to any political party. Judges should have the spine to crack on illegalities done by any politician, regardless of the party he is affiliated to or the high position he holds.

In Goa we have some extremely good judges but there are some from the other end of the spectrum on whom less said the better. The current hotline enabling communication between Politicians and Judges through a dubious interface by way of the flamboyant Advocate General Atmaram Nadkarni compromises and ruptures the very sovereignty and sanctity of the Judiciary. It is high time for a concerted effort to cleanse the Aegean Stables of Indian Judiciary by flushing out undesirable judges who should never have landed where they are today.


Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter <at> rodrigues_aires



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--

(Bhagvanji Raiyani)
Chairman and Managing Trustee,
Forum For Fast Justice.
09820403912




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Aires Rodrigues | 5 May 11:14 2016
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[IAC#RG] COURTS NEED TO CURTAIL HOLIDAYS TO COMBAT THE HUGE PENDENCY

The  move by the Allahabad High Court to curtail its summer vacation is a step in the right direction. Infact the Supreme Court which currently functions for less than nine months a year should have taken the lead to increase its court working days so that it could have been also replicated by all Courts across the country to being down the current enormous pendency of cases.


The mountain of pile up of cases is indeed a matter of immense concern. Over three crore cases in trial Courts, a whopping 41 lakh in the 24 High Courts and a mind boggling over 60,000 in the Supreme Court is no easy task to grapple with.


The concept of evening and night Courts is impractical and having been tried in some states has miserably failed. Infact reducing the number of court holidays may be the way to go. Optimizing the working of the Courts during the day must be the thrust by possibly even increasing the Court working hours by an hour or two.  But for all this to happen only persons with sound knowledge of law and impeccable integrity must be selected as Judges at all levels of the Judiciary. 

 

Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org

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           airesrodrigues-/E1597aS9LQAvxtiuMwx3w@public.gmane.org


You can also reach me on


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Babubhai Vaghela | 17 Apr 04:14 2016
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[IAC#RG] Long Pending Constitutional Bench Cases - "JUDICIARY NEEDS SOME URGENT CLEANSING"

Dear All,

Few highly crucial cases pending with Constitutional Bench are:

  1. Is CBI Constitutional?

  2. Is AIBE (Advocates Examination) Constitutional?

  3. Is CJI a Public Authority under RTI?​

  4. Stock exchanges come under the ambit of RTI?


References in public domain:
You be the Judge.

Regards,

-- 
(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, 
Ahmedabad - 380051 M -  94276 08632

---------- Forwarded message ----------
From: "G.S. Beniwal" <indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org>
Date: Fri, Apr 1, 2016 at 7:03 AM
Subject: Re: [IAC#RG] JUDICIARY NEEDS SOME URGENT CLEANSING
To: "indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org" <indiaresists-3hfIC0tI0F9QRWznG6P0Og@public.gmane.orget>


You are right sir. 
have seen at least two stooge SC judges who passed order as desired by ASG who himself was not even present on the day of hearing.
also incidents when Judge say a thing in court, but in order, comes out a few days later, is totally different. 
blatant injustice and petitioner suffer lifetime in hands of such dishonest judges. 

rgds beniwal

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Ravindran P M | 21 Apr 07:24 2016
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Re: [IAC#RG] Central Government invites suggestions on the manner of uploading RTI replies and FAA orders on website in a legal vacuum about personal data protection

A very cumbersome but purposeful effort. Thank you very much.


Now one thing: have you noticed that in most, if not all, these orders while the address of the appellants have been given completely only the address of the pios and faas are available- their names are not! This inspite of the fact that they are supposed to be personally responsible for the replies they give and it the pio as an individual who is penalised for lapses/delays!

regards n bw

ravi



On Mon, Apr 4, 2016 at 6:36 PM, Rakesh <rakeshbhma-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:
Dear all,
In its OM dated 23/03/2016, the Department of Personnel & Training, Government of India has invited people to send their suggestions on the manner of disclosure of RTI applications and first appeals received and the responses of the Public Information Officers (PIOs) and First Appellate Authorities (FAAs), respectively on their official website. The deadline for submission of suggestions is 07/04/2016.

Before arriving at any opinion on the issue raised in the OM, it is important to look at the practice of Information Commissions regarding disclosure of the identity of the appellant and complainants who approach them.


The Practice across Information Commissions
 A snapshot view of the practice in the Information Commissions established across the country is given below:

The practice is not uniform within the Central Information Commission (CIC). The orders issued by 5 members of the CIC disclose the name and the postal address of the RTI Appellants. In some cases even the name of the father of the RTI Appellant is mentioned. For example see: 


In the case of the 6th IC at the CIC the orders disclose only the name, district and some times the State of the RTI Appellants. For example please see:



In the case of the 7th IC at the CIC the orders mention only the name of the RTI Appellant and the name of the public authority. For example please see:


This the latest pattern of recording the identity of the RTI Appellants of the members of the CIC who have been around for some time now. The orders of the 3 newly appointed ICs are not yet available on the CIC's website, if they have started hearing cases.


In the case of Jammu and Kashmir, the lone serving IC's orders disclose the name and postal address of the RTI Appellants along with the name of their fathers. For example see: http://jksic.co.in/pdf.php?id=3233


In the case of Himachal Pradesh, the name and address of the RTI Appellants are disclosed. In some cases the name of the Appellant's father is also disclosed. For example see: 



In the case of Punjab, the name and postal address of the RTI Appellants are dislcosed. In some case the name of the RTI Appellant's father is also disclosed. For example see: http://infocommpunjab.com/Orders2016.aspx


In the case of Haryana, the name and postal address of the RTI Appellants are disclosed in the orders. IN some cases the name of the RTI Appellant's father is also mentioned. For example see:



In the case of Uttarakhand, the orders disclose the name and postal address of the RTI Appellants. For example see:


In the case of Bihar, the orders of at least 1 serving IC disclose the name and postal address of the RTI Appellant. For example see: http://www.biharonline.gov.in/sic/sic_docs/10274_08_09/10274_08_09-Page5.pdf RTI users in Bihar may share the practice of other ICs


In the case of Rajasthan, I could not find the orders of the IC for 2015-16 on the website. Until 2014 the practice was to disclose the name and postal address of the RTI 


In the case of Chhattisgarh, I could find decisions of the ICs only up to January 2015. The practice varies from case to case. In some, only the name of the RTI Appellants and the district are disclosed in the order while in others the complete postal address is disclosed. For example see: 


In the case of Maharashtra, the name and complete postal address of the RTI Appellants are disclosed in the orders. For example see the decisions from various Benches: 








In the case of Karnataka, the name and complete postal address of the RTI Appellants are disclosed in the orders. In some cases the name of the Appellant's father is also disclosed. For example see:





In the case of Kerala, I could find decisions of the ICs only up to 2014. The orders disclose the name and postal address of the RTI Appellant. For example please see:http://keralasic.gov.in/images/stories/sic/decisions/orders2014/cic_14/ap79_13.pdf


In the case of Tamil Nadu, the name and postal address of the RTI Appellants are disclosed in the orders. For example see: http://www.tnsic.gov.in/judgements/new/pdfs/E_SA3981_010316_BNj.pdf


In the case of Andhra Pradesh, the name and postal address of the RTI Appellants are disclosed in the orders. For example see: http://www.apic.gov.in/decisionsPDFwithFrame.do?ic=CMR/2016/I


In the case of Odisha, the name and the postal address of the RTI Appellant are disclosed.  For example see: http://orissasoochanacommission.nic.in/(S(34xvf145mguklzf2445mqh55))/OrderDetails.aspx?qname=I%20Quarterly%20(January%20~%20March)%20&year=2016&type=Complaint%20Cases


In the case of Arunachal Pradesh, the name and postal address of the RTI Appellants are mentioned in the orders. Arunachal and Tripura (see below) are perhaps the only SICs which name the PIOs in their orders. I have not come across names of PIOs in the recent orders issued by any of the Information Commissions reviewed here. For example see: http://www.arnsic.nic.in/decisions/2015/decisions/APIC-59-2015.pdf


In the case of Assam, only the names of the RTI Appellants are disclosed in the orders. For example see: http://www.sicassam.in/ssc/decision-onhearing-2015.php


In the case of Manipur, in some of the orders only the name of the RTI Appellants are mentioned while in others the postal address of the Appellant is also mentioned. For example see: 



In the case of Meghalaya, only the names of the RTI Appellants and the area/town/city/village of residence and/or the district are disclosed. For example see: 



In the case of Nagaland, the name and the postal address of the RTI Appellants are disclosed. For example see: http://nlsic.gov.in/appeals14-15/da18-close.pdf


In the case of Mizoram, only the name and the area in which the RTI Appellant lives is disclosed in the SIC's order. For example see: https://mic.mizoram.gov.in/uploads/files/s-a-no-53-2015-mic.pdf


In the case of Tripura, the name and postal address of the RTI Appellants are disclosed. In some case the name of the father of the RTI Appellant is also disclosed in the SIC's order. The names of the PIOs are also disclosed. For example see: 



In the case of Sikkim, only the name of the RTI Appellants and the area and district where they live are disclosed in the order. For example see: http://www.cicsikkim.gov.in/

As for West Bengal, the SIC's website does not display a list of orders after 2009. Even this list does not open up the actual orders on any Internet browser. Similarly, the Gujarat SIC's website does not display any orders since 2009. However the Cause List for March 2016 discloses the name and postal address of the RTI Appellant.

In the case of Uttar Pradesh, recent decisions are not accessible on the SIC's website. However the orders from 2009-2011 disclose only the name of the RTI Appellant and the Respondent Public Authority. In the case of Madhya Pradesh, I could not find orders issued after 2006 on the SIC's website. In the few orders uploaded on their website, the name and postal address of the RTI Appellant are mentioned. I could not locate any of the decisions of the Jharkhand SIC on its website. In the case of Goa, although the cause titles of decided cases are mentioned, the text of the orders do not open up on any browser.

A large number of the Information Commissions disclose the name and postal address of the RTI Appellants and Complainants in their orders. So when one makes a recommendation to the DoPT the practice of the ICs should also be borne in mind as any decision applicable to the PIO/FAA stage of the RTI process will have a bearing on the practice adopted by the Information Commissions also, eventually.


What is "personal information", deserving protection from disclosure?
Further, there is no clarity on what constitutes 'personal information' in the context of RTI. Names are the most personal of information in relation to any individual. Should names not be disclosed when RTI applications and responses, first appeals and FAA orders are uploaded on the websites? 

In countries like the United Kingdom, all names are deleted from the FOI requests and responses. Please see examples on the FOI logs accessible at: https://www.gov.uk/government/collections/freedom-of-information-disclosure-log. In the UK their data protection law prevents public authorities from making names of individuals on either side of the information accessing process public. 

In India there is no comprehensive data protection or privacy law. Last year the Hon'ble Attorney General of India succeeded in sowing doubts in the mind of the justices of the Hon'ble Supreme Court about whether the Constitution guaranteed the people a fundamental right to privacy. This issue has been referred to a Constitution Bench and awaits adjudication. 

To the best of my knowledge, the only statutory regime for personal data protection in India is afforded by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information), Rules 2011 notified under the Information Technology Act, 2000. Under these Rules "sensitive personal data" includes (Rule 3) : password, financial information such as bank account or credit/debit card details, physical, physiological and mental health condition, sexual orientation, medical records & history, biometric information etc. However information that is freely available in the public domain or accessible under the RTI Act will not be treated as "sensitive personal data or information". For example, names and addresses of citizens registered as voters are easily available on the website of the Chief Electoral Officers. These will not be treated as 'sensitive personal information' for the purpose of the IT Rules.

Under the 2011 IT Rules, every body that collects "sensitive personal data/information" of the kind mentioned above is required to put in place various measures for ensuring the security of such information. The scope and shortcomings of these Rules are examined in depth in the report submitted by the Justice A. P. Shah led Group of Experts on Privacy in 2012

Clearly, the definition of 'sensitive personal data/information' contained in the 2011 IT Rules will not apply to names and addresses of RTI applicants. So there is no law in force that can protect such personal information. It is in this legal vacuum that recommendations have to be made to the DoPT about protecting personal data.


Protecting RTI users from harm
By the latest count at least 51 murders reported across the country has been related to the use of RTI by the deceased. More than 240 other have been assaulted or severely mentally harassed into withdrawing their RTI applications. It is in this context that in November 2013, the Calcutta High Court had directed that public authorities should not insist on disclosure of postal addresses of RTI applicants - to ensure their security (see attachment). My critical analysis of the direction is accessible at this link. The DoPT's OM mentioned above refers to this case also. However, nothing in this order pertains to disclosure of RTI applications and first appeals and the responses of the public authorities to the same on their websites. Security of RTI users is paramount, no doubt. However, RTI users need to take a stand whether they would like to exercise their fundamental right to seek information in complete anonymity or would they like to pressure the system to ensure that their personal details are not misused to harass them or assault or get rid of them. 

Until the system works to protect every RTI user, perhaps the middle path would be to press for the deletion of all contact details except the names of the RTI applicant/appellant and those of the PIO/FAA from the documents.

I request readers to share their views on this subject with me.

Please circulate this email widely.

CHEERS!
Bangalore Raju Venkatesh Prasanna,
Bangalore City,
Karnataka State.

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Pradip Pradhan | 20 Oct 18:24 2015
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[HumJanenge] Though delayed, after protracted battle with corrupt Odisha bureaucracy and inefficient, lethargic and law-ignorant Odisha Information Commission, RTI Activists achieved outstanding victory in ensuring justice to BPL people and downtrodden masses

Though delayed, after protracted  battle with corrupt Odisha bureaucracy  and inefficient, lethargic and law-ignorant Odisha  Information Commission, RTI Activists achieved outstanding   victory in ensuring justice to BPL people and downtrodden masses

·           Tall claim of Nabin Patnaik Govt as Champion of poor is proved false and sheer deception.

·           Though  the BPL people  are  entitled  to get  information free of cost under  section 7 (5)  of the RTI Act, the State Government  continues  to deny  the information free of cost  since last 10 years.

·           Decade-long Rally, Dharana, demonstration of the RTI Activists demanding to enforce section 7(5) of the RTI Act did not yield any result. The corrupt bureaucracy remained adamant to do all illegality to harass BPL people by depriving them of their legitimate right to get the information free of cost.

·           Astonishingly, Odisha Information  Commission ( represented by  Sri D.N. Padhi, former Odisha Chief Information Commissioner, Sri Jagadanand, former  State Information Commissioner, Prof. Radhamohan, Former Information Commissioner, Sri Tarun Kanti Mishra, former Chief Information Commissioner ) whose mandate is to protect law  was found establishing  unholy alliance with corrupt bureaucracy  and behaved as dreaded  criminals to subvert  RTI   and giving illegal  direction  to  the   PIOs  to collect fees for information from the BPL people and deprived  crores of BPL people of their legitimate right.  The illegal direction of the Commission was challenged by RTI Activists in High Court.

·           Exploring ways and means in order to provide justice to the BPL-RTI-Applicants, RTI Activists knocked at the door of Judiciary not once but twice seeking direction to State Government to comply section 7(5) of the RTI Act.

·           In June, 2015, The Hon’ble Odisha High Court finally gave the direction to State Govt.  to issue  Gazette notification to provide information to the BPL people free of cost.

·           At last, the State Govt.  was forced  to issue  Notification  to  provide  information the BPL people free of cost.

·           Now, the BPL-RTI-Applicants are entitled to get the information amounting thousands of rupees free of cost.

·           We the RTI Activists   will remain alert not only enforcing and monitoring it but exposing anti-RTI character of Odisha Govt.  and Odisha Information Commission in the days to come.      

Dear friends

 Right to Information Act  which came into force  on 12th October, 2005  has  mandate  to enforce a transparent  and accountable  governance system in the  country  and  giving  right  to the Citizens to access the  information held  by the Public Authorities.  As per section 7 (5) of the Act, the BPL people are required not to pay any kind of fee i.e., fee for application {section 6 (1) }, fee for  information {section-7(1)}, fee for information in electronic format {section 7(5)}. But  while framing the Rules  i.e,  Odisha RTI Rules, 2005, the State Government  made a provision ( Rule-4) of only making application fee for BPL people free of cost while allowing other  fees  like fee for information to be  collected  from them. Though the law is  supreme, but  the State  Govt. gave the direction to the officials  to implement the  law  following  the  illegal provisions of  Odisha  RTI Rules.  This arrangement made by the State Govt.   gave unbridled power to the PIO  to collect the fees  from BPL people for  information.  


 Though it  was illegal, the Odisha Information  Commission  joined  hand with State bureaucracy  and  endorsed and ensured   this illegality  by  giving  direction to the PIOs  to collect  from BPL people the fees for  information.   Sri D.N.Padhi who is  a corrupt bureaucrat  and joined  as First Odisha Chief Information Commissioner , while adjudicating   Complaint Case 11 and 12/2006  directed  the BPL people  to pay the fees  for information violating section 7(5) of the RTI Act.   It was vehemently opposed by RTI Activists. The Information Commission was publicly condemned for their act of illegality.  As Sri D.N. Padhi is man of shrewd character, he, while hearing Complaint cases directed the BPL people to pay the fees for information but did not mention it in proceeding of the case.   Under pressure from RTI Activists, the Commission made a recommendation to State Govt.  on 16.11.2007  to  provide  BPL people  information  of 75 pages ( Rs. 150.00)   free of cost.  But the State Govt.  did not give any importance to this recommendation and  continued with their mandate  to  collect the fees from BPL people.


Campaign of RTI Activists continued   and exposing anti-BPL mindset of Odisha Information Commission and State Government. In May, 2013, Sri Jagadanandi Mohanty, then State Information Commissioner while addressing a  Workshop on RTI  in  Collectorate Conference Hall, Malkangiri  spoke about  misuse of RTI by non-BPL people  who are seeking  information  in the name of the BPL people  to get the information free of cost. A lot of complaints in connection of this issue have come to the notice of the Commission.  Sri Tapan Padhi, prominent RTI Activist who was present there, then filed an RTI Application to the office of Odisha Information Commission seeking information about details of Complaint Cases filed about misuse of RTI quoting statement of Sri Jagadanand Mohanty.   In response to RTI Application,  the PIO said that  there was no such information available  in the Commission. The dangerous character of Sri Jagadanand Mohanty to satisfy all illegalities of the State Government and spreading misleading information in public domain was found true.


Campaign of RTI Activists took a turn, when Sri Tarun Kanti Mishra, then State Chief Information Commissioner while adjudicating a Complaint case No. 2028/11 gave direction to Sri Kunja Bikari Patra, BPL-Applicant and RTI Activist of Nayagarh district to pay the fees for information, though he pleaded to get the information free of cost under section 7 (5) of the RTI Act.  The direction of the Commission  was challenged by Sri Kunja Bihari Patra  in Odisha High Court. While  disposing the case ( W.P.C. No.- 4797/13) on 3.7.13, the High Court quashed  the decision of the Commission as illegal  and directed the PIO to provide the information free of cost  in observance of section 7 (5) of the RTI Act.


This is one step achievement of RTI Activists to provide justice  to the BPL people.  This judgement was highlighted, largely circulated and demanded to all the Public Authorities to provide information to the BPL people free of cost. Being pressurised by the RTI Activists, the Odisha Information Commission   made a direction to the State Govt. on 31.3.14 to issue notification  observing direction of Odisha High Court.


The corrupt bureaucracy remained adamant   and continued to collect the fees from BPL people. Then, Sri Dhoba Sahu, BPL-Applicant and RTI Activist of Kalahandi district  who was denied  the information free of cost , filed  a  Writ Petition No. 135/15 in Odisha High Court seeking  direction   to State Govt. to provide all BPL people  the information free of cost.  On 23.7.15, the High Court  gave the direction  to  State Govt. to  Comply  section  7 (5) of the RTI Act.  On 21.9.15, the State Govt. has finally issued  notification  to  all the Public Authorities to provide the BPL people information free of cost.


Our   legal battle  for withdrawal of compulsory RTI Application, illegal provision of  submission of proof of Citizenship at the time of  submitting RTI Application, providing  copy of the decisions of the  Commission in Odia language  is still going  on  and the case pending in Odisha High Court.   

Pradip Pradhan

State Convener

Odisha Soochana Adhikar Abhijan

M-9937843482

Date- 20.10.15 

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