Bar
& Bench: New Delhi: Friday, September 28, 2018.
The
Supreme Court has called on the government to consider exploring any kind of
advanced technology to aid the differently-abled gain functional access to the
benefits of the Right to Information (RTI) Act, 2005.
The
Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud
made the observation while disposing of a petition seeking changes in the RTI
law citing insufficient access for differently-abled persons, illiterate
persons and Below Poverty Line (BPL) applicants.
Authoring
the judgment for the Bench, Chief Justice Misra stated,
“…
differently abled persons, which include visually impaired persons, should have
the functional facility to receive such information as permissible under the
Act. They should not be deprived of the benefit of such a utility …
…
information makes one empowered. Additionally, we think it appropriate to ask
the authorities to explore any kind of advanced technology that has developed
in the meantime so that other methods can be introduced.”
Allied
views were expressed by the Court yesterday while upholding the state’s
ambitious Aadhaar Project, when it expressed support for the use of technology
as a vital tool for ensuring good governance.
In
the instant case, however, the Court declined to entertain the petitioner’s
prayers seeking changes in the RTI law. This, after the Court found that there
were adequate provisions in the RTI Act to redress the apprehensions raised.
For
instance, Section 6(1) of the RTI Act requires the concerned authority to
provide all reasonable assistance if an applicant seeking information is unable
to reduce his request in writing.
Attorney
General KK Venugopal, who was called to assist in the case, informed the Court
that differently-abled persons could also invoke this provision where they are
unable to make requests for information from the authorities by themselves. The
Court also noted that Section 6(3) obligates the information authority to
ensure that the application is transferred to the appropriate jurisdictional
information officer.
As
for the plight of BPL applicants, the Right to Information Rules, 2012 already
provide for limits on the fee to be paid as well as exemptions where the applicant
cannot pay on account of economic constraints.
The
Court was also informed that several States had implemented measures to provide
RTI information in braille for visually challenged applicants. Apart from
braille versions, audio files of the Act and relevant rules were also being
prepared, the AG submitted.
In
view of these observations, the Court agreed with the AG that there was no need
for it to issue any further direction in the matter. However, it remarked that
if the petitioner were to point out any improvement on the technological side
to aid his cause, cognizance of the same could be taken by the Court.
Before
parting with the case the Court also expressed hope the State authorities would
also endeavour to bring about moreimprovements in this regard.
“We
are also certain that the authority shall, with all sincerity and concern, explore further possibilities
with the available on-line application/mechanism.“
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