Denial Of RTI To Non-Citizens Would Be Against Indian Const...

The Delhi High Court ruled that the Right to Information Act does not restrict access solely to Indian citizens, affirming that non-citizens can also seek information. The judge clarified that Section 3 of the Act serves as a positive affirmation of rights for citizens rather than an exclusionary barrier against others. Consequently, absolute restrictions on non-citizens are deemed contrary to the legislative intent and constitutional principles, establishing a legal precedent that broadens the scope of information accessibility beyond national borders. While recognizing this expanded eligibility, the court emphasized that disclosure to non-citizens remains discretionary, contingent upon the specific nature of the requested data and the constitutional rights applicable to that individual. This nuanced approach ensures that while the door to information is open to everyone, authorities retain the responsibility to evaluate each request against broader legal frameworks. This balances transparency with the protection of sensitive national interests, preventing arbitrary denial while maintaining regulatory oversight. This decision is highly relevant to open data advocates because it challenges restrictive interpretations of transparency laws that often limit accountability mechanisms to domestic populations. By rejecting the notion that information rights are exclusively tied to citizenship, the ruling supports a more inclusive and universal approach to public sector transparency. It encourages global stakeholders to engage with government data, fostering greater international scrutiny and participation in democratic processes, provided that appropriate legal safeguards are respected during the disclosure process.

Source: menafn.com
Published on 2023-03-15

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