Are Non-Governmental Organisations, substantially financed by the appropriate Government liable to provide the information?

NGOs and the Right to Information (RTI) Act, 2005

Introduction

The Right to Information (RTI) Act, 2005, is a significant piece of legislation in India that aims to promote transparency and accountability in the functioning of public authorities. One of the key aspects of the RTI Act is its applicability to Non-Governmental Organisations (NGOs) that are substantially financed by the government. This inclusion ensures that NGOs, which receive public funds, are accountable to the public and operate with transparency.

Definition of Public Authority

Under Section 2(h) of the RTI Act, the term "public authority" is defined to include:

1. Any authority or body or institution of self-government established or constituted by or under the Constitution;
2. By any other law made by Parliament;
3. By any other law made by State Legislature;
4. By notification issued or order made by the appropriate government.

Additionally, it includes any:

1. Body owned, controlled, or substantially financed;
2. Non-governmental organizations substantially financed, directly or indirectly, by funds provided by the appropriate government.

Substantial Financing

The term "substantially financed" is not explicitly defined in the RTI Act, which has led to various interpretations. However, it generally means that the NGO receives significant financial assistance from the government, either directly or indirectly. This could include grants, subsidies, or other forms of financial support that constitute a substantial part of the NGO's funding.

Applicability to NGOs

NGOs that receive substantial funding from the government are considered public authorities under the RTI Act. This means they are required to comply with the provisions of the Act, including:

1. Proactive Disclosure: NGOs must proactively disclose certain categories of information, such as their functions, duties, and financial details, without waiting for requests.
2. Responding to RTI Requests: NGOs must appoint Public Information Officers (PIOs) to handle requests for information and respond within the specified time frame, usually 30 days.
3. Transparency and Accountability: By providing access to information, NGOs enhance their transparency and accountability, ensuring that public funds are used appropriately.

Legal Interpretations and Judgments

Several legal interpretations and judgments have clarified the applicability of the RTI Act to NGOs. For instance, the Supreme Court of India has ruled that NGOs substantially financed by the government fall within the ambit of the RTI Act. This ensures that such organizations are accountable for the public funds they receive and operate transparently.

Challenges and Issues

Despite the clear mandate, there are several challenges and issues related to the applicability of the RTI Act to NGOs:

1. Defining Substantial Financing: The lack of a clear definition of "substantial financing" can lead to ambiguity and differing interpretations.
2. Compliance: Some NGOs may resist compliance with the RTI Act, citing operational difficulties or concerns about confidentiality.
3. Awareness: Both NGOs and the public may lack awareness about the applicability of the RTI Act to NGOs, leading to underutilization of this provision.

Case Studies and Examples

Several case studies highlight the impact of the RTI Act on NGOs:

1. Transparency in Funding: NGOs receiving substantial government funding have been required to disclose their financial details, ensuring transparency in the use of public funds.
2. Accountability in Operations: By responding to RTI requests, NGOs have been held accountable for their operations and activities, leading to improved governance.

Conclusion

The inclusion of NGOs substantially financed by the government under the RTI Act, 2005, is a crucial step towards promoting transparency and accountability in the use of public funds. While there are challenges in implementation, the overall impact has been positive, ensuring that NGOs operate with greater openness and accountability. Continued efforts are needed to raise awareness about this provision and ensure effective compliance by NGOs.