Miscellaneous

RTI rejections

Sachin - November 1, 2011

The Right to Information Act, 2005, contains several exemptions which enable public authorities to deny requests for information. RTI Annual Return Reports for 2005-2010 give detailed information on use of these exemptions to reject RTI requests. Exemptions to requests for information under the Act are primarily embodied in three sections – section 8, section 11, and section 24. Section 8 lists nine specific exemptions ranging from sovereignty of India to trade secrets. Sec 11 provides protection to confidential third party information. Sec 24 exempts certain security and intelligence organizations from the purview of the Act. Of these, sections 8(1)(j), 8(1)(d) and 8(1)(e) are respectively the three most frequently invoked exemptions for the period 2005-2010, cumulatively amounting to almost three-fourths of all exemptions invoked.   orange Section 8(1)(j) provides protection to personal information of individuals from disclosure in the absence of larger public interest. This exemption was invoked over 30,000 times during 2005-2010, which amounts to almost 40% of all invocations of exemptions. Among ministries, the Finance Ministry has invoked this sub-section the most, followed by the Ministry of Communications and Information Technology. Section 8(1)(d) provides protection to trade secrets and intellectual property from disclosure in the absence of larger public interest. This exemption was invoked almost 15,000 times during 2005-2010, which constitutes 18% of all invocations of exemptions. As with sec 8(1)(j), the Finance Ministry has utilized this exemption the most, followed by the Ministry of Petroleum and Natural Gas. Section 8(1)(e) provides protection to information available to a person in his fiduciary relationship from disclosure in the absence of larger public interest. This exemption was invoked 11,639 times during 2005-2010, which accounts for almost 15% of all invocations of exemptions. The Finance Ministry has invoked this exemption more than any other ministry, both overall and for each individual year during 2005-2010. The Finance Ministry accounts for more than 50% of all invocations of this exemption, having invoked it over 6000 times. The Ministry of Petroleum and Natural Gas is second, with a little over 1000 invocations of this exemption. Ministry-wise Rejections As discussed above, Finance Ministry has a large number of rejections, perhaps because of the larger number of requests that it receives.  It is also possible that the Finance Ministry receives a larger number of requests related to private and confidential information (such as Income Tax returns) as well as those which are held in a fiduciary capacity (such as details of accounts in nationalised banks).  Adjusted for the number of requests received, the Finance Ministry tops the rejection rate at 24%, followed by the Prime Minister's Office (12%) and the Ministry of Petroleum and Natural Gas (11%). blue

Parliament voted on the Demands for Grants for the Ministry of Home Affairs on May 02, 2012. During the debate, MPs expressed concern over the status of police forces in different States of the country.  They emphasised  the need to augment the capability of police forces. Though ‘Police’ and ‘Public Order’ are State subjects, the union government provides assistance to States for strengthening their forces.  For instance, the Ministry of Home Affairs has been implementing a non-plan scheme for ‘Modernization of Police Forces’ since 1969-70.  Under the scheme assistance is provided in the form of grants-in-aid towards construction of secure police stations, outposts, for purchase of vehicles, equipment etc.  (To know more about the scheme, see an earlier blog post on the issue.) At the all India level, the sanctioned strength of State Police equals 20.6 lakh personnel.  Though there exist wide variations across States, at an average this amounts to 174 police personnel per lakh population.  However, the actual ratio is much lower because of high vacancies in the police forces.  At the aggregate level, 24% positions are vacant. The table below provides data on the strength of state police forces as in Jan, 2011

State Sanctioned strength Sanctioned policemen/ lakh of population Vacancy
Andhra Pradesh 1,31,099 155 31%
Arunachal Pradesh 11,955 966 42%
Assam 62,149 200 12%
Bihar 85,939 88 27%
Chhattisgarh 50,869 207 18%
Goa 6,108 348 16%
Gujarat 87,877 151 27%
Haryana 61,307 248 28%
Himachal Pradesh 17,187 256 22%
Jammu & Kashmir 77,464 575 6%
Jharkhand 73,005 235 30%
Karnataka 91,256 155 10%
Kerala 49,394 141 7%
Madhya Pradesh 83,524 115 9%
Maharashtra 1,53,148 139 10%
Manipur 31,081 1,147 26%
Meghalaya 12,268 469 17%
Mizoram 11,246 1,112 6%
Nagaland 24,226 1,073 0%
Orissa 53,291 130 18%
Punjab 79,565 291 14%
Rajasthan 79,554 118 11%
Sikkim 5,421 886 27%
Tamil Nadu 1,20,441 178 15%
Tripura 44,310 1,224 17%
Uttar Pradesh 3,68,260 184 59%
Uttarakhand 20,775 211 24%
West Bengal 72,998 81 18%
A&N Islands 4,417 1,018 22%
Chandigarh 7,873 695 22%
D&N Haveli 325 114 13%
Daman & Diu 281 140 6%
Delhi 81,467 441 1%
Lakshadweep 349 478 36%
Puducherry 3,941 352 25%
All India 20,64,370 174 24%

Source: Lok Sabha Unstarred Question No. 90, 13th March, 2012  and Lok Sabha Unstarred Question No. 1042, March 20, 2012