Academic Publication

Author Profile

Dr. Bhupendra Kumar is a distinguished scholar and seasoned professional with a robust educational background. He earned his LLB and LLM degrees from Rani Durgavati University in Jabalpur, Madhya Pradesh, showcasing a strong foundation in legal studies. Dr. Kumar further honed his expertise by obtaining a PhD in Journalism from Devi Ahilya Vishwa Vidyalaya in Indore.““With an impressive academic journey, Dr. Kumar brings over two decades of teaching experience to his credit, contributing significantly to the realm of education. Additionally, his extensive journaling experience spanning more than 30 years reflects a deep commitment to the field of journalism.““Dr. Bhupendra Kumar's analytical prowess is widely recognized, as evidenced by his frequent appearances on various TV channels, where he eloquently presents his views as an esteemed analyst. His multifaceted contributions underscore a distinguished career characterized by a profound understanding of both legal intricacies and journalistic nuances.

About The Book

The Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally. The RTI Bill was passed by Parliament of India on 15 June 2005 and came into force with effect from 12 October 2005. Every day on an average, over 4800 RTI applications are filed. In the first ten years of the commencement of the act, over 17,500,000 applications had been filed. Although Right to Information is not included as a Fundamental Right in the Constitution of India, it protects the fundamental rights to Freedom of Expression and Speech under Article 19(1)(a) and Right to Life and Personal Liberty under Article 21 guaranteed by the Constitution. The authorities under RTI Act 2005 are called public authorities. The Public Information Officer (PIO) or the First Appellate Authority in the public authorities perform quasi judicial function of deciding on the application and appeal respectively.

Table of Contents

Preface Chapter 1 Freedom of Information Overview The Digital Divide Racial divide Disability divide Gender divide LGBTQIA divide, and repression by states and tech companies The Information Society and freedom of expression Privacy protections Private sector implications Protection of confidential sources and whistleblowing Newspaper industry The International Programme for Development of Communication The World Summit on the Information Societies Chapter 2 Right to Information Act, 2005 Scope Private bodies Political parties Amendment Supreme Court judgement Controversies Attacks on RTI activists and protection suggestions Intellectual property rights Banned people from filing RTI Intelligence Bureau Right to Information and Democracy RTI Movement social and national milieu Chapter 3 How to make the best use of Right to Information Introduction Right to Information Act, 2005 Salient features of Right to Information Act, 2005 How RTI can prove to be useful? Useful in knowing the decision taken by the government/public funded organization Transparency and Accountability RTI includes the following RTI can challenge corruption and arbitrary action taken by public servant Who can make the decision under RTI Act? Process to access information under RTI Submission of request for information Right to Information: User Guide Bifurcation of civil and criminal appeals Courts of criminal appeals United States Supreme Court and United States courts of appeals More Explanation on Citizenship under RTI Act Conclusions Chapter 4 Obligations of Public Authorities Who is Public Authority Interpretation of Public Authority Obligations of Public Authorities Under RTI Act An Attempt To Make The Right Viable The Suo Motu Disclosure Conscious And Concerted Dissemination Disclosure Of Reasons For Decisionmaking Education and Training Guide Action and struggle Important things to know about education and training Four basic learning steps in a workshop How to plan and prepare for an education even Find out the needs Decide the aim of your education programme Finding out the participants' expectations and what they hope to learn Give people more detail in handouts or manuals Discussing issues: Outside circle move along one to the right Indepth discussion Roleplays and simulation Chapter 5 Public Information officers and Their Role PIO Duties and Responsibilities Technology Used by PIOs to Ensure Emergency Preparedness across Communities Enhance Public Safety with Rave Mobile Safety Civil law and Criminal law Power of Civil courts to transfer cases Power of criminal courts to transfer cases Section 408. Cr.P.C – Power of Sessions Judge to transfer cases and appeals The grounds on which the cases can be transferred RTI and Third Party Information Chapter 6 Right to Information under Other Legislations Companies Act 2013 Mandatory CSR contributions Authorities established One Person Company (OPC) The Incometax Act, 1961 Important definitions under the Competition Act, 2002 Relevant Market What is the primary goal of The Competition Act, 2002 Three stage transition that The Competition Act, 2002 went through Combinations and their regulation Competition Commission of India (CCI) Locus to file information with the Commission Determination of AntiCompetitive Agreements Tax Recovery Commissioner/Officer under the Income Tax Act, 1961 Competition Appellate Tribunal (CAT) Civil courts Landmark judgments on Competition Law Loopholes in The Competition Act, 2002 Intellectual Property Information Infringement, misappropriation, and enforcement Criticisms Objections to overly broad intellectual property laws Use in corporate tax avoidance Gender gap in intellectual property Provisions Where to register a marriage in India Criticism Code of Criminal Procedure Judgment Appeal Chapter 7 Human Rights Treaties Universal Declaration of Human Rights The drafting committee International Human Rights Day American Anthropological Association Article 28 Article 35 The CEDAW Chairperson position is currently held by Hilary Gbedemah. Committee on the Elimination of Discrimination against Women General Recommendations Members and Officers of the Committee Committee on the Rights of the Child Global standards and cultural relativism Convention on the Rights of Persons with Disabilities Guiding principles of the Convention Definitions Civil and political rights Economic, social, and cultural rights Habilitation and rehabilitation Adequate standard of living and social protection International cooperation and national implementation Bibliography Index