Exemptions from Disclosure of Information Under RTI: What You Need to Know

The Right to Information (RTI) Act, 2005, is a landmark legislation that empowers Indian citizens to access information from public authorities, promoting transparency and accountability. However, not all information can be disclosed. Specific exemptions from disclosure of information under RTI are in place to protect national security, personal privacy, and other sensitive matters. Understanding these exemptions is essential for effectively utilising this Act while respecting its limitations.

Part 1: Demystifying the Land Acquisition Process in India

Land acquisition allows the government to acquire private land for public purposes like infrastructure development. While it aims to promote societal progress, it can be challenging for individuals facing displacement or livelihood loss.

• How Does Land Acquisition Work in India?

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) governs the process. Key steps include:

1. Social Impact Assessment (SIA): Evaluating how the project affects the community.
2. Notification and Public Hearing: Informing landowners about the proposed acquisition and addressing their concerns.
3. Land Acquisition Award: Determining compensation based on market value, crop yield, and other factors.
4. Rehabilitation and Resettlement (R&R): Providing assistance to affected families for relocation and livelihood restoration.

Landowners can challenge the acquisition if compensation is inadequate or procedures are not followed.

• Balancing Development and Rights

Land acquisition must balance public development needs with protecting individual rights. Key considerations include:

1. Transparency and Fairness: Ensuring fair compensation and clear processes.
2. Minimising Displacement: Using acquisition as a last resort.
3. Sustainable Development: Planning projects with long-term societal benefits.

• Landmark Judgment

The Supreme Court’s decision in Indira Sawhney v. Union of India (1993) underscored the importance of fair compensation and proper rehabilitation for affected landowners.

Part 2: Understanding Intestate Succession in India

When a Hindu male dies intestate (without a will), the Hindu Succession Act, 1956, guides the distribution of property among legal heirs.

• Who Are the Legal Heirs?

1. Class I Heirs (Preferred): Spouse, sons (including predeceased sons’ children), daughters (including predeceased daughters’ children), and the mother.
2. Class II Heirs (Secondary): Siblings, grandparents, and extended family if no Class I heirs exist.

• Key Legal Terms

1. Agnates and Cognates: Blood relatives from the father’s or both sides, previously used but replaced in modern inheritance law.
2. Predeceased Son: A son who dies before the parent.
3. Issueless: A person without children.

• Landmark Judgment

In Sheela Devi v. Zamana Lal (2000), the Supreme Court reaffirmed daughters’ equal rights as coparceners, even if the father died intestate.

• Why Drafting a Will Matters

Creating a will helps:

1. Avoid disputes among heirs.
2. Ensure a fair division of property.
3. Protect minor children’s future.

Part 3: Exemptions from Disclosure under the RTI Act

The Right to Information (RTI) Act, 2005, empowers citisens to seek information, promoting transparency in governance. However, specific exemptions under the RTI Act protect national security, privacy, and sensitive information.

• What Cannot Be Disclosed?

As per Section 8 of the RTI Act, information may be withheld if it:

1. Threatens sovereignty, integrity, or security.
2. Breaches parliamentary privileges.
3. Contains commercial secrets or trade confidences.
4. Endangers someone’s safety or impedes investigations.

Section 9 further restricts disclosure if it infringes copyrights.

• Recent Case Law

In Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal (2019), the Supreme Court ruled that the Chief Justice’s office falls under the RTI Act but emphasised balancing transparency and confidentiality.

• Seeking Expert Legal Guidance

Navigating land acquisition, inheritance laws, or RTI exemptions can be daunting. Expert legal support ensures your rights are protected and disputes are resolved effectively.

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