The core concern revolved around the absence of key public authorities from the RTI portal. This specifically includes UPHRC and NIC Uttar Pradesh, meaning the Uttar Pradesh Human Rights Commission and NIC Uttar Pradesh.

Absence of UPHRC and NIC from UP’s RTI Portal Raises Questions of Transparency

Lucknow: The UPHRC and NIC, Uttar Pradesh, are not available on the state’s central RTI online portal, rtionline.up.gov.in. This raises significant concerns about the government’s commitment to transparent and accessible governance. The Government of Uttar Pradesh has not provided an official justification for their absence. An analysis of the legal framework of the RTI Act, 2005, suggests that such an omission is difficult to defend.

Both the UPHRC and the NIC’s state branch are unequivocally “public authorities” as defined under the RTI Act, 2005. The Act mandates that every public authority must proactively disclose certain information to the public. It also requires providing a mechanism for citizens to request information. The creation of a centralized online portal is a key measure to facilitate this access.

The NIC acts as the technical backbone for government websites and online systems. Ironically, it has a dedicated RTI contact page on its own website. This indicates a decentralized approach to handling information requests. This separate mechanism fulfills the basic requirement of the Act. However, it bypasses the convenience and uniformity of the state’s single-window portal.

The National Human Rights Commission has mechanisms for online engagement. However, finding a straightforward way to file an RTI application specifically with the UPHRC is not apparent. The state’s central portal does not make this easy. This can create confusion and hurdles for citizens seeking information about the commission’s activities.

Legal Obligations for presence of UPHRC and NIC Uttar Pradesh on RTI Portal Under the RTI Act

Section 4 of the RTI Act places a strong emphasis on proactive disclosure by public authorities. It requires them to publish the particulars of their organization, functions, and duties. They must also disclose the powers and duties of their officers and employees. Additionally, they are to provide the details of the Public Information Officers. Integrating all public authorities into a state’s online RTI portal is logical. It is also an essential step in fulfilling this mandate in the digital age. It streamlines the process for citizens, who are otherwise left to navigate a maze of individual departmental websites.

The Uttar Pradesh Right to Information Rules, 2015, further detail the obligations of public authorities within the state. Key bodies like the UPHRC and NIC are absent from the centralized portal. This absence appears to contradict the spirit, if not the letter, of these rules. These rules aim to make information more accessible.

Potential Justifications and Counterarguments for presence of UPHRC and NIC Uttar Pradesh on RTI portal

The government could potentially argue that these bodies are compliant with the law. This is true as long as they have an alternative mechanism for accepting RTI applications. However, this argument overlooks the primary objective of the RTI portal. The portal aims to create a user-friendly, single point of access for all government information. A fragmented system places an undue burden on the citizen to first locate the correct platform for filing their request.

Another possible, though less likely, justification could be technical or administrative hurdles in integrating these bodies into the portal. However, given the NIC’s own technical expertise, this would be a particularly ironic and unconvincing explanation.

Consequences of Non-Inclusion of UPHRC and NIC Uttar Pradesh

The absence of these significant public authorities from the portal can have several negative consequences:

• Reduced Transparency: It makes it more difficult for citizens to scrutinize the functioning of these bodies.
• Increased Bureaucracy: It forces applicants to resort to offline methods or navigate multiple websites, which can be time-consuming and cumbersome.
• Erosion of Public Trust: It can create a perception that certain public authorities are being shielded from public inquiry.

The Uttar Pradesh government has not officially justified the non-availability of the UPHRC on its RTI portal. Additionally, they have not justified the absence of the NIC. Their absence is a clear impediment to the principles of transparency. It also hampers the ease of access to information that the RTI Act champions. The law requires proactive disclosure. A centralized online portal’s purpose suggests that all public authorities should be integrated into such a system. The current situation, therefore, remains largely unjustifiable in the face of the state’s obligations to its citizens.

Navigating the RTI Maze: A Citizen’s Struggle for Transparency in Uttar Pradesh

Citizens are in an era demanding greater governmental transparency and accountability. The Right to Information (RTI) Act, 2005, stands as a powerful tool for them. Yet, the path to obtaining information is often fraught with challenges. A recent second appeal filed with the Uttar Pradesh Information Commission highlights these issues. This case sheds light on the difficulties citizens face when seeking basic information. These challenges are especially clear about the functionality and accessibility of online government portals.

The Case: Yogi M.P. Singh vs. Administrative Reforms Department

Yogi M.P. Singh is a resident of Mirzapur, Uttar Pradesh. He initiated an RTI inquiry on November 11, 2024. This inquiry was sent to the Administrative Reforms Department. His core concern revolved around the absence of key public authorities from the RTI portal. This specifically includes the Uttar Pradesh Human Rights Commission and NIC Uttar Pradesh. (https://rtionline.up.gov.in).

Singh sought answers to critical questions:

• Why were these essential public authorities not listed on the portal?
• What was the process for onboarding new authorities, including the provision of User IDs and passwords to nodal officers?
• Who was responsible for managing the content on the RTI portal within the Administrative Reforms Department?

A Cascade of “Misleading Information”

The Public Information Officer (PIO), Smt. Shubra Section, provided responses that Mr. Singh found consistently “incomplete/unsatisfactory/false/misleading.” Instead of direct answers, the replies often deflected responsibility or provided generic statements. When asked about sending User IDs and passwords, the PIO avoided the specific query. She simply stated that “the content of RTI online can be seen on the RTI online portal.”

The PIO’s responses seemed to contradict a previous RTI reply from the same department. The Administrative Reforms Department is clearly responsible. They are in charge of creating and sending User IDs and passwords to nodal officers for inclusion on the portal. This discrepancy raises serious questions about the consistency and accuracy of information provided by the department.

The Unresponsive Appellate Authority about presence of UPHRC and NIC Uttar Pradesh

Further complicating matters, Mr. Singh filed a First Appeal under Section 19(1) of the RTI Act when he received unsatisfactory replies. However, the First Appellate Authority (FAA), Dr. Sheel Asthana, did not provide any answer to the appeal. This lack of response from the FAA left the appellant with no initial recourse. He was forced to escalate the matter to a Second Appeal.

Why This Matters: The Pillars of Democracy

This case underscores several critical issues in the functioning of the RTI mechanism:

• Lack of Transparency: When government departments provide evasive or contradictory information, it erodes public trust. This action defeats the very purpose of the RTI Act.
• Accountability Gap: The reasons for not including important public bodies on an official transparency portal are unclear. This suggests a significant accountability gap.
• Bureaucratic Hurdles: The experience shows that citizens often encounter significant bureaucratic resistance. They are forced through multiple layers of appeals just to get straightforward answers.
• Importance of Online Portals: In a digitally advancing world, online portals are crucial for accessibility. Their incomplete functionality or lack of comprehensive data directly impacts a citizen’s right to information.

Seeking Justice and Systemic Change

In his Second Appeal, Mr. Singh has sought the information he was denied. He also urged the Chief Information Commissioner to take stringent action. He has requested:

• Action against the PIO under Section 20 of the RTI Act, 2005, for arbitrarily denying information.
• Disciplinary action against the FAA for dereliction of duty in not entertaining the first appeal.

Mr. Singh’s plea for “harsh steps against the wrongdoer to win the confidence of citizenry.” Such actions aim to strengthen democratic values and resonate with every citizen who believes in the power of transparency.

The Road Ahead

The Uttar Pradesh Information Commission now has an opportunity to not only address Mr. Singh’s specific grievance. It also has the chance to send a strong message. This message is about the importance of adhering to the spirit and letter of the RTI Act. Online portals must be comprehensive. Public officials should be responsive and accountable. These actions are fundamental to a healthy, prosperous democracy.

Reference IDs and Contact Information

Application & Appeal IDs

• Second Appeal Registration Number: A-20241202180
• RTI Application No.: DPTAR/R/2024/60109
• RTI Transaction ID: DPTARR20240000000130

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Contact Details

Appellant: Yogi M P Singh

• Mobile: 7379105911
• Email: yogimpsingh@gmail.com

Public Information Officer (PIO): SMT SHUBRA SECTION

• Mobile: 9454413568
• Email: ard092156@gmail.com

First Appellate Authority (FAA): DR SHEEL ASTHANA

• Mobile: 7007383997
• Email: ard092156@gmail.com

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What are your thoughts on this case? Have you faced similar challenges in filing RTIs? Share your experiences in the comments below!

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