Right to Information Act, 2005: s.6(1) – Case of petitioner is that large number of illiterate persons and visually impaired persons or persons afflicted by other kinds of disabilities are not in a position to get the information – Writ petitioner sought for direction to Union of India, the States and the Union Territories to provide an effective machinery for the enforcement of the fundamental right of illiterate citizens to have access to information and to provide effective machinery to visually impaired persons and such impaired persons who are unable to have access to the internet – Held: As far as the grievance relating to visually impaired persons is concerned, assistance has to be rendered under s.6(1) of the Act to the persons who are unable to write or have difficulty in writing – Several States provide information in Braille – In exercise of the powers conferred by s.27 of the Act, the Central Government has framed a set of rules, namely, the Right to Information Rules, 2012 – r.5 takes care of the plight of people who are below the poverty line – If an applicant belongs to below poverty line (BPL) category, he/she has to submit a proof in support of his/her claim that he/she belongs to the said category and as far as the mode of payment is concerned, various modes are provided and the criticism that it is restricted is unacceptable – In view of the obtaining situation, liberty is granted to the petitioner to submit a representation to the competent authority pointing out any other mode(s) available for getting information under the Act – If such a representation is submitted, the same shall be dealt not only with sympathy but also with concern and empathy – Differently abled persons, which include visually impaired persons, should have the functional facility to receive such information as permissible under the Act – They should not be deprived of the benefit of such a utility – Additionally, authorities to explore any kind of advanced technology that has developed in the meantime so that other methods can be introduced – If the petitioner points out, the cognizance of the same should be taken – Writ petition disposed of – Right to Information Rules, 2012 – r.5.
Disposing of the writ petition, the Court
HELD: As far as the grievance relating to visually impaired persons is concerned, assistance has to be rendered under Section 6(1) of the Act to the persons who are unable to write or have difficulty in writing. It is brought to notice that several States provide information in Braille since the year 2012. Every time the authority receives an RTI application seeking information in Braille, it prepares a reply in the printed format and forward it to the National Institute for the Visually Handicapped where it is converted to Braille. The visually impaired citizen of Bihar were the first in the country to get copies under the Right to Information (RTI) Act and the Rules made by the State Government for its implementation in Braille script. Audio files are also being prepared. [Para 10][1283-F-H]
2. In exercise of the powers conferred by Section 27 of the Act, the Central Government has framed a set of rules, namely, the Right to Information Rules, 2012. Rule 5 takes care of the light of people who are below the poverty line. If an applicant belongs to below poverty line (BPL) category, he /she has to submit a proof in support of his /her claim that he /she belongs to the said category and as far as the mode of payment is concerned, various modes are provided and the criticism that it is restricted is unacceptable. [Paras 12, 13][1284-B; 1285-C-D] Secretary Ministry of Information & Broadcasting, Government of India and Ors. v. Cricket Association of Bengal and Ors. (1995) 2 SCC 161 : [1995] 1 SCR 1036 ; People’s Union for Civil Liberties and Anr. v. Union of India and Ors.(2004) 2 SCC 476 : [2004] 1 SCR 232 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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