Information laws and rte

Information Laws and
RTE
BY:
Pratisha

• The Right to Information Act is to empower the
citizens, promote transparency and accountability
in the working of the Government, contain
corruption, and make our democracy work for
the people in real sense.
• The Right to Education recognises a right to
free, compulsory primary education for the age
group of 6-14 years till the completion of
elementary education.
Introduction

Contents
• Right to Information Act, 2005
 Objectives
 Scope
 Suo-Moto disclosure
 Method of seeking information
 Eligibility for seeking information
• Right to Education Act
 Objectives
 Salient Features

Rights to Information under the Act
1. Citizen has right to seek information from a public authority.
2. Public authority under RTI Act is not supposed to create
information. Only such information can be had under the
Act which already exists with the public authority.
3. Citizen has the right to obtain information in the form of
hardcopy or softcopy.
4. Information to the applicant shall ordinarily be provided in
the form in which it is sought.
5. This Act gives the right to information only to the citizens of
India.

Meaning of Information
• Information is any material in any form
• It includes records, documents, memos,
e-mails, opinions, advices, circulars,
orders, logbooks, contracts, reports,
papers, samples, models, etc.

Objective
The basic objective of the RTI Act is to empower the citizens, promote
transparency and accountability in the working of the Government, contain
corruption, and make our democracy work for the people in real sense.
Scope
• The Act covers the whole of India except J&K.
• It is applicable to all constitutional authorities, including the executive,
legislature and judiciary; any institution or body established or constituted by
an act of Parliament or a state legislature.

Suo Moto Disclosure
The Act makes it obligatory for every public authority to make suo-moto
disclosure in respect of the particulars of its organization, functions, duties
etc. as provided in section 4 of the Act.

Suo Moto disclosure of items under Sec. 4 of
the RTI Act
• Information related to Procurement
• Public Private Partnerships
• Transfer Policy and Transfer Orders
• RTI Applications
• CAG & PAC paras
• Citizens Charter
• Discretionary and Non-discretionary grants
• Foreign tours of PM/Ministers

Method of Seeking information
A citizen, who desires to obtain any information
under the Act, should make an application to the
Central Public Information Officer (CPIO) of
the concerned public authority in writing in
English or Hindi or in the official language of
the area in which the application is made.

Rules of fee for Seeking Information
• ₹2 for each page (in A-4 or A-3 size paper) created or copied;
• Actual charge or cost price of a copy in large size paper;
• Actual cost or price for samples or models;
• For inspection of records, no fee for the first hour; and a fee of ₹5 for subsequent hour;
• For information provided in diskette or floppy ₹50 per diskette or floppy; and
• For information provided in printed form at the price fixed for such publication or ₹2 per
page of photocopy for extracts from the publication.
• If the applicant belongs to below poverty line category, he is not required to pay any fee.

Eligibility to get information
• The Act gives the citizens a right to information with the Members of
Parliament and the Members of State Legislatures. According to the Act, the
information which cannot be denied to the Parliament or a State Legislature
shall be denied to any person.
• The Public Information Officer is not supposed to create/interpret
information or to solve any problems raised by the applicants.
• Only such information can be supplied under the Act which already exists
and held by the public authority.

Right to Education (RTE) Act
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which
represents the consequential legislation envisaged under Article 21-A, means that
every child has a right to full time elementary education of satisfactory and
equitable quality in a formal school which satisfies certain essential norms and
standards.

The RTE Act provides for the:
i. Free and compulsory education till completion of elementary education
ii. It clarifies that ‘Compulsory education’ means to ensure compulsory admission,
attendance and completion of elementary education to every child in the 6-14 age
group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges
iii. It makes provisions for non-admitted child to be admitted to an age appropriate
class.
iv. It specifies the duties and responsibilities of appropriate Governments, local
authority and parents in providing free and compulsory education

v. It lays down the norms and standards relating inter alia to Public teacher
Ratios (PTRs), buildings and infrastructure, school-working days, teacher-
working hours.
vi. It provides for rational development of teachers by ensuring that the
specified pupil teacher ratio is maintained for each school.
vii. It provides for appointment of appropriately trained teachers.
viii.It prohibits physical punishment and mental harassment; screening
procedures for admission of children; capitation fee; private tuition by
teachers and running of schools without recognition.
ix. It provides for development of curriculum in consonance with the values
enshrined in the constitution.

Objectives of RTE
1. To explain the importance of education
for people with disabilities.
2. To understand the interrelation
between education and other human
rights.
3. To identify how the rights of people
with disabilities to education have been
promoted or denied.

4. To understand the provisions on education in the UN Convention on the
Rights of Persons with Disabilities (CRPD).
5. To understand different perspectives on inclusive and special education.
6. To seek strategies to advance the right of people with disabilities to
participate in education.
7. To ensure that education becomes a means of genuine empowerment of
the individual to achieve his/her full potential.
8. To ensure that the learning process is made locally relevant, child-centered,
activity-based and joyful.
9. To ensure that educational management is decentralised to the community
and that the community takes ownership to ensure children’s right to
education.

RTE – Salient features
1. Every child in the age group of 6-14 has
the right to free and compulsory
education till the completion of
2. Private schools will have to take 23% of
their class strength from the weaker
section.
3. No seats in this quota can be left vacant.

4. All schools will have follow the rules, if not then within 3 years they will be
allowed to function. All schools will have to apply for recognition, failing will be
penalised ₹1,00,000 and if still continued to function will be liable to pay ₹10,000
per day.
5. No donation and capitation fee is allowed.
6. No admission test or interview either for child or parents.
7. No child can be held back to pass the board examination till the completion of
8. There is provision for establishment of commissions to supervise the
implementation of the Act.
9. A fixed student and teacher ratio is to be maintained.
10. All schools have to perform the rules and regulations laid down in this act, failing
which the school will not be allowed to function.
11. Norms for teachers and qualification are also mentioned in the act.

Thank You...
Reference:
BR (Vision Book House)
IIIrd Sem. BBA
Bangalore University

Information laws and rte

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