By Rohit Singh
The Delhi High Court has asked the Central Government to create a proper system that allows people to receive information under the Right to Information (RTI) Act through modern digital means like email, pen drives, or cloud platforms. The court has given the government three months to decide on the matter.
A bench led by Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela was hearing a petition filed by Akash Chauhan, a law student. Chauhan argued that authorities are not actually sharing information in electronic formats, despite the RTI Act allowing it. He said that officials often refuse to give information through email or pen drives, saying there are no clear rules for it.
What is the RTI Act?
The Right to Information Act passed in 2005, allows Indian citizens to ask for information from public authorities. It is considered a powerful tool to make the government more transparent and accountable. People can use RTI to access data related to government spending, decisions, or records. The law gives citizens the right to receive this information in a timely and affordable manner.
However, while the law talks about giving information in the format the applicant prefers, the practical process to deliver it鈥攅specially in digital form鈥攊s still unclear.
Legal Gaps in the Current Rules
The judges noted that the existing RTI rules still mention outdated storage devices like floppies and diskettes, which are no longer in use. The court said that continuing to depend on such old formats makes it hard for people to actually use their right to information.
Chauhan told the court that he had asked for information in PDF format via pen drive, but the responses from government departments were confusing and unfair. Some officials refused his request, claiming that the rules do not mention pen drives, while others expressed concerns about data safety or the risk of viruses. A few agreed but asked for unclear and excessive fees.
The bench said the RTI Act and Rules do talk about giving information in the format the applicant asks for, as long as it doesn鈥檛 overburden the public authority or risk the safety of records. 鈥淎 conjoint reading of Section 4(4) and Section 7(9)鈥 makes it clear that information sought under the RTI Act ought to be provided through all viable electronic modes, including email or pen drive,鈥 the court said.
The judges also pointed out that there is no rule right now that directly allows or manages giving information through modern formats. They said this gap in the law weakens the purpose of the RTI Act, which is meant to make government functioning more transparent and accessible to the public.
The petition also said that the lack of digital options affects people in rural areas, older citizens, and those with disabilities, who may find it difficult to travel to government offices or receive physical copies of documents.