Protection of Rights - Class VII

PIO refers to public Information officer. They play a pivotal role in making the right of a citizen to Information a reality.

OFFicial secrets Act 1923 is not an obstacles to the Implementation of RTI Act Section 22 of the RTI Act 2005 clearly says that RTI would over ride all existing Acts including Officials secrets Act. 

A. Transparency of government

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense.

File notings indicates the thought process of the government which not comes under the definition of 'information' under RTI Act 2005.

According to the Right to Information Act (RTI) 2005, within 30 days the authorities should compulsorily proved the information asked by the person.

Right to Information (RTI) is an Act of the Parliament of India to provide for setting out the practical regime of right to information for citizens and replaces the erstwhile Freedom of information Act, 2002.  This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005.

Before Aug. 5, 2019, India had 29 states and seven Union Territories (UTs). The country now has only 28 states since Jammu and Kashmir has been converted. The country now has nine UTs with Jammu and Kashmir as one new entrant and Ladakh as the other.

Parliament has enacted a law giving the right to information to the citizens.

The Right to Information Act came into force on October 12, 2005. This Act gives the citizens of India the right to 

a) seek and receive information from the government and other public authorities.

b) ask them certain questions.

c) take copies, including certified copies of documents.

d) inspect documents.

e) take sample of materials. 

Right to Information is an Act of the Parliament of India under which any citizen of India may request information from a "public authority" which is required to reply expeditiously or within thirty days.The law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. The Act covers the whole of India except Jammu and Kashmir. It covers all the constitutional authorities, including executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature.

The Right to Information came into force on Oct. 12, 2005. This act gives the citizens of India the right to:

The Right to Information Act 2005 was passed by Parliament on 15 June 2005 and came into existence force on 12 October 2005.

The full form of R.T. I  is right to Information. Right to Information is act of the Parliament of India to provide for setting out the practical regime of the right to information for citizens and replaces the erstwhile.
Freedom of Information Act.

The Right to Information (RTI) act is an Act of parliament of India which replaces the Freedom of Information Act.

Dalit is a term that people belonging to so-called lower castes use to address themselves. The government refers to this group of people as Scheduled Castes (SC).

As recognized the constitution of the Indian republic, we have total of 645 district tribes.

Self Respect Movement was founded by S. Ramanathan in 1925, who invited E.V. Ramaswamy Periyar to head the movement in Tamil Nadu. 

Adivasis are termed as scheduled tribes but it is legal and constitutional term, which differs from state to state and area to area and therefore excludes some groups who might be considered indigenous.

Scheduled caste and schedule tribe are not same. Schedule caste people are the one who are previously untouchables. where as the scheduled tribes are community of people who lived in tribal areas.

The full form of ST is scheduled tribes. They consist of people who had a tribe independent of caste system. 

Indira Sawhney Case which was popularly known as Mandal Commission case was the aftermath of the report of the Mandal Commission formed for reviewing the condition of the backward classes and recommendation on their welfare. This landmark judgment provides the answer to several issues framed by the Supreme court related to the reservation policies.

A commission for national scheduled caste and scheduled tribe was set up under 65th constitunal Amendment.

Backward and Minorities Communities Employee Federation  was founded in 1978 to enlist the aid of the comparatively well-educated among the Backwards, Scheduled Castes and Scheduled Tribes and other communities of India who suffer discrimination.

The Scheduled caste are a group of disadvantaged people who were considered untouchables and lower caste people in the History of India. The constitution of India makes provision for the advancement of scheduled caste and scheduled tribes by the State. According to 2011 census, the Scheduled Caste constitute 16.2% of Indian Population.

Article 330 to 342 of Indian constitution belongs to reservation and representation of scheduled castes and scheduled tribes in lok sabha.

 In 2001, the Scheduled Castes were 16.2 per cent and the Scheduled Tribes were 8.2 percent of the country’s population. According to the 2001 Census, the Scheduled Castes population in India stands at 166,635,700 persons The total population of the Scheduled Tribes in India stands at 84,326,240 persons as per the 2001 Census.

In India, historical and social factors have made Scheduled Castes (SC) and Scheduled Tribes (ST) the most vulnerable groups to poverty, often due to systemic exclusion and lack of access to resources.

Punjab accounts for 2.3% of the total population and 4.3% Scheduled Caste population of India. As per Census 2011, the State of Punjab, has the highest percentage of Scheduled Caste population amongst all the States of the Country. The Scheduled Caste population in Punjab is 88.60 lac which is 31.94% of the total population i.e. 277.43 lac of the State. The decennial growth rate of SC population in the State was 26.06% as compared to 13.89 % for the State as a whole. However, a sizeable number of SC families still live below the poverty line.

Article 342 provides that the President may with respect to the State and Union Territory and where it is stated, after consulting Governor may notify that a particular tribe, community, group, etc be for this constitution be considered as scheduled tribes. The protection is given to represent the interest of Scheduled Tribes by various reservations granted to them by the constitution itself.

The Ministry of Social Justice and Empowerment is the nodal Ministry to oversee the interests of the Scheduled Castes. Though the primary responsibility for the promotion of interests of the Scheduled Castes rests with all the Central Ministries in the area of their operations and the State Governments, the Ministry complements their efforts by way of interventions in critical sectors through specifically tailored schemes. The Scheduled Castes Development (SCD) Bureau of the Ministry aims to promote the welfare of Scheduled Castes through their educational, economic and social empowerment. Efforts made by State Governments and Central Ministries for protecting and promoting the interests of Scheduled Castes are also monitored by the bureau.

The Ministry of Tribal Affairs was set up in 1999 after the bifurcation of Ministry of Social Justice and Empowerment with the objective of providing more focused approach on the integrated socio-economic development of the Scheduled Tribes (STs), the most underprivileged of the Indian Society, in a coordinated and planned manner. It is the nodal Ministry for overall policy, planning and coordination of programmes for development of STs.

Option D is the correct answer. The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes in States other than Assam, Meghalaya and Tripura. These provisions of the Constitution relating to the administration of the Scheduled Areas and Tribes may be altered by Parliament or by ordinary legislation.

Option B or Punjab is not covered in Article 164 (1) with respect to the welfare of the Scheduled Castes and Backward Classes. This becomes clear when we see the explanation under Article 164 (1).

Article 164 (1) explains the role of the Chief Minister of a state in the following way:
• The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister
• The Ministers shall hold office during the pleasure of the Governor
• In the states of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

The Government of India Act, 1935 was important so far as it stipulates features that are currently the part of the Indian Constitution. Provincial autonomy, Dyarchy in the center, Presence of three lists, the establishment of Reserve Bank of India, establishment of Federal court, communal representation, etc. The Act had no preamble and was enacted as a result of the nationalist movement to cater to their objectives and demands.

According to the Panchami Land Act,  land was distributed to the scheduled community people in Tamil Nadu during the British rule in 1892. 

Article 338 of the Indian Constitution has the provision regarding the scheduled caste commission. The silent features of this article are:-

The Right to Information (RTI) Act in India is derived from the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution.

NHRC investigates grievances regarding the violation of human rights either suo moto or after receiving a petition. It has the power to interfere in any judicial proceedings involving any allegation of violation of human rights. Hence, option A is correct.

The National Human Rights Commission in India derives its power from The Protection of Human Rights Act (TPHRA). Its composition enjoys a robust legal fortitude, with a panel that features former judges of the Supreme Court, High Court, and people experienced in human rights policy and execution. It is presided by a retired Chief Justice of India, and Chairpersons of national commissions of key human rights concerns - Minorities, India's Scheduled Classes and Tribes, and Women.

As a body to oversee policy, the NHRC can review and make recommendations in Constitutional and legal safeguards. It can also review international treaties and events that may compromise human rights. 

The Protection of Human Rights Act mandates the National Human Rights Commission of India to perform the functions such as proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public servant.

NHRC is a statutory body constituted in 1993 under the Protection of Human Rights Act, 1993. It consists of a Chairman, four members and four ex-officio members. The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. After their tenure, the chairman and members are not eligible for further employment under the central or state government.

NHRC is a statutory body constituted in 1993 under the Protection of Human Rights Act, 1993. It consists of a Chairman, four members and four ex-officio members as below:

• A Chairperson should be retired Chief Justice of India.
• One member who is, or has been, a Judge of the Supreme Court of India.
• One member who is, or has been, the Chief Justice of a High Court.
• Two members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights.
• In addition, the Chairpersons of four National Commissions (Scheduled Castes, Scheduled Tribes, Women, and Minorities) serve as ex officio members.

NHRC is a statutory body constituted in 1993 under the Protection of Human Rights Act, 1993. 

The NHRC consists of:

The chairman and members of the National Human Rights Commission are appointed by the president on the recommendation of a committee consisting of the Prime Minister (Chairperson), the Home Minister, the Leader of the Opposition in the Lok Sabha and Rajya Sabha, the Speaker of the Lok Sabha, and the Deputy Chairman of the Rajya Sabha.

NHRC is a statutory body constituted in 1993 under the Protection of Human Rights Act, 1993. It consists of a Chairman, four members and four ex-officio members. The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. The president can remove the chairman or any member from the office on grounds of proved misbehaviour or incapacity.

NHRC is a statutory body constituted in 1993 under the Protection of Human Rights Act, 1993. Some of its functions are as below: