Right to Information

State Level RTI: Orissa

Background

Until recently, Orissa did not have a comprehensive access to information law. However, there has been an active civil society campaign advocating for right to information legislation in the state since 2001. A group of activists and lawyers, working with Project Swarajya prepared a citizen's draft Freedom of Information Bill in July 2001. The citizen's draft Bill was based on a comparative study of the then existing right to information laws in India. The citizen's draft Bill was sent to the Chief Minister of Orissa on 15 October 2001. The Chief Minister referred the citizen's draft Bill to the Secretary of the Department of Information and Public Relations for action.

On 18 and 19 December 2001, CHRI and the Center for Youth and Social Development (CYSD) Bhubaneswar jointly organized a state level consultation to discuss the citizen's draft Bill. During the consultation, amendments were suggested, which were incorporated in the amended citizen's Right to Information Bill 2002. On 5 May 2002 the amended citizen's draft Bill was finalised and sent to the Government and other civil society groups working on right to information in Orissa.

On 10 and 11 June 2002, CARE Orissa in association with the Department of Information and Public Relations (DIPR) conducted a public consultation. During the consultation programme, the Secretary of DIPR presented the Government of Orissa's draft Right to Information Bill 2002. On 13 July 2002, Basundhara, a civil society group, organised a workshop to discuss the Government's draft Bill and sent their recommendations to the Government.

To date, the Government has failed to table their draft Bill in the Assembly for consideration. Shri Chitta Ranjan Behera, a social activist working in Orissa, has noted that there are a number of legal instruments, which provide access to information in the State. For example, the Orissa Records Manual 1964, the Orissa Secretariat Instructions 1961, the Rules of the High Court of Orissa 1948 and the Orissa Nizarat Manual 1962 all allow access to information. Furthermore, the Panchayati Raj Department has issued a number of Executive Orders to ensure transparency in the administration of Government. For example, on 28 July 1997, 8 August 1997 and on 21 May 1999 the Panchayati Raj Department issued Executive Orders to make information available to people on all developmental projects under taken by government departments as well as information pertaining to poverty alleviation programmes.

Law

In May 2005, the national Right to Information Act 2005 was passed by Parliament. The RTI Act 2005 received Presidential assent on 15 June and came fully into force on 12 October 2005. (For more information on the passage of the RTI Act 2005 and implementation at the national level, click here.) The RTI Act 2005 covers all Central, State and local government bodies and applies to the State Government of Orissa.

The Orissa Government has started implementing the RTI Act 2005. The Government has issued the Orissa Right to Information Rules 2005.

The Orissa Government issued the Orissa Right to Information (Amendment) Rules, 2006.

For a list of Public Information Officers and Appellate Authorities designated by the State Government, click here.

Details of Fee & Costs

Second Appeals and complaints against non-disclosure of information may be filed with the Orissa State Information Commission.

State Information Commission

Newsupdates, Activities & Advocacy

• The Orissa Right to Food Campaign is spearheading the movement in State for amendment of the Orissa Right to Information Rules 2005. The Campaign has proposed a Draft Amendment of the Orissa RTI Rules. In a memorandum to the Governor, the Campaign has called for the withdrawal of the Rules and their replacement by the Central Government Rules. The Campaign has organised several workshops and public meetings to raise awareness on the issue. NCPRI has written to the Chief Secretary of Orissa urging the Government to withdraw the anti-people Rules. CHRI has also submitted comments on the Orissa Rules to the Chief Secretary of Orissa.

• Mr Chitta Behera works as a free lancer on governance reforms and the right to information. He is an advisor to the Orissa Campaign for Right to Information, conducted currently by the Orissa Right to Food Campaign.
  For further Information: Contact Mr Chitta Behera at 4A Jubilee Tower, Choudhury Bazar, Cuttack-753009, Orissa, Mobile: 91-9861-091-455, Tel: 91-671-2623518 (res.), Email: chittabehera1@yahoo.co.in or chittabehera@rediffmail.com.
• The State Government has received 56 applications seeking information from various departments under the RTI Act. Information has been sought from the General Administration Department, Revenue, School and Mass Education, Higher Education, Industries, Forest, Finance, Panchayati Raj and Urban Development departments. An information cell has been opened at the reception office of the State Secretariat to provide assistance to applicants seeking information from the Government.
• From 28-29 July CHRI at the invitation of the Deogarh Pressure Group (DPG), a network of development NGOs in Deogarh district, and AWARD (Association for Women and Rural Development) conducted a two-day workshop on the RTI Act in the district of Deogarh. The workshop was organised for DPG representatives.
  For further information: Contact, P.C. Mallick, Secretary, AWARD, At/P.O. Jarabaga, District Sambalpur- 768228. Tel: 91-6642-226422.
• On 30 July a meeting was held by CHRI AND Mr. Suchit Ranjan Singh of REALS, Bhubaneshwar with the members of Confederation of Voluntary Organisations (CVOs) at Sundargarh to discuss about the RTI Act. The Sundargarh Education Society (SES), on behalf of the Confederation of Voluntary Organisations (CVO), organized a district level Workshop on Right to Information for 2 days at Rural Building Centre of SEWAK on 16 & 17 September 2005. The participants included members of community-based organizations (CBOs), voluntary organizations (VOs), lawyers, retired civil servants and others. Facilitated by noted human rights activist and consultant Sri Chitta Behera, the workshop was primarily meant for capacity building of CVO members and other social activists.
  For further information: Contact, Mr. Janmejoy Patel, President, Sundargarh Education Society, At/PO-Mahesidhi, District Sundergarh-770001. Tel: 91-6622-273541, Email: info@sesindia.net
• The Orissa Right to Food Campaign, is a network of civil society groups, actively promoting the right to information in the State. They have held a series of seminars, consultations and workshops at State, district and local levels with a view to ensure effective implementation of the RTI Act at the Central and State level.
  For further information: Contact, Pradeep Pradhan, State Convenor, Tel: 91-9337-330-804, Email: thehumanity@rediffmail.com.
  

• Project Swarajya is an NGO, which works on various social and developmental issues. They were closely involved with developing the citizen's draft Bill in 2002 and have conducted workshops on RTI. Their website provides useful links on the topic.
  For further information: Contact Mrs.Dolli Dash, Secretary, Project Swarajya, Tel: 91-671-2621097, E-Mail: dollidash@rediffmail.com or projectswarajya@sify.com, Website: www.projectswarajya.com
• People's Cultural Center (PECUC) is a centre for People's Empowerment & Sustainable Development. It works to help people to develop and achieve their own potential. PECUC has been active in working on the right to information campaign in Orissa. They have collaborated in the organisation of a number of RTI workshops and are involved in awareness-raising and advocacy efforts.
  For further information: Contact PECUC at VII-H-26, Sailashree Vihar, Bhubaneswar-21, Orissa. Tel: 91-674-2740432. Fax: 91-674-2741845, E-Mail:pecuc@hotmail.com, pecucindia@rediffmail.com. Website: www.pecuc.org

Resources & Articles

Government

• Right to Information Act 2005. (English)
• Right to Information Act 2005. (Hindi)
• Right to Information Rules 2005 (Orissa)
• Orissa High Court Right to Information Rules, 2005
• Orissa Right information (Amendment) Rules, 2006
• Orissa Right to Information Bill, 2002. (Obsolete)

CHRI

• CHRI (2005) Comments on Orissa RTI Rules - submitted to the Orissa Government, 27 October.
• CHRI (2005) Meeting of Heads of Organizations of Sundergarh district, Orissa on Right to Information, 30 July, Sundergarh.
• CHRI (2005) The District level Workshop on Right to Information, 27-28 July, Deogarh.
• CHRI (2005) Forwarding Information Requests and Appeals: A Step by Step Guide for Assistant Public Information Officers under the Right to Information Act 2005, prepared by Mr Venkatesh Nayak.
• CHRI (2005) Processing Information Requests: A Step by Step Guide for Assistant Public Information Officers under the Right to Information Act 2005, prepared by Mr Venkatesh Nayak.
• For material in Oriya Click here.
• For CHRI's posters on RTI click here.
• CHRI has conducted workshops in Orissa, independently and in collaboration with other organisations. Click here for more information.

Miscellaneous

• Chitta Behera (2006) Orissa Soochana Commission Goes Wayward, in Oriya.
• Orissa Right to Food Campaign (2005) Commissions and Omissions - critique of the Orissa RTI Rules 2005 vis-à-vis the RTI Act 2005.
• Orissa Right to Food Campaign (2005) Memorandum to the Governor - seeking withdrawal of the Orissa RTI Rules 2005.
• Orissa Right to Food Campaign (2005) A Draft Note on the Orissa RTI Rules 2005.
• Staff Reporter (2005) Changes Sought in Rules to Make RTI Act User-Friendly in Orissa, Digitalopportunity.org.
• Sarada Lahangir (2005) Orissa Tribal Woman Fights for Villagers Right to Information, 9 November, UNI.
• Prakash Rao & Dhirendra Mishra (2005) Look, how serious are our MLAs on Right to Information, 4 November, Insightorissa.com.
• Dilip Bisoi (2005) Mining for Information Begins in Orissa, 31 October, The Financial Express.
  
• Chitta Ranjan Behera (2002) Rethinking The Right To Information Bill, a talk given at the Workshop On Right To Information held at DNK Conference Hall, Koraput, 9 October 2002, organised by Koraput Zilla Swechhasebi Sangha (Kzss) in collaboration with CHRI.
• (2002) Recommendations on the Draft Bill on Orissa Right To Information Act 2002, Report of The State Level Consultation on the Draft Bill on Orissa Right To Information Act 2002 at Basundhara, Cuttack on 13 July 2002.
• (2002) Collection of Papers, Submitted to the State Level Consultation on the Draft Bill on Orissa Right To Information Act 2002 at Basundhara, Cuttack on 13 July 2002.
  
  

Links

• Government of Orissa
• Government of Orissa - RTI Website
• Orissa Right to Information (Amendment) Rules, 2006
• Orissa Soochana Commission
• Orissa Right to Food Campaign
• Project Swarajya
• People's Cultural Center
• Government of India (DOPT)
• National Campaign on People's Right to Information (NCPRI)
  
• Right to Information - Collection of RTI stories, articles, etc
• Info Change - Right to Information Pages
• India Together - Right to Information Pages