Rights to Information

What is Rights to Information 

In our country, citizen has been guaranteed with right to information. The Constitution of Nepal has provisioned " Rights to information" as a fundamental right. Right to  Information Act 2064 was enacted as an implementing legislation. Similarly, there is Right to Information Regulation 2065 enacted with the purpose of giving enforcement to right to information laws in Nepal.

It means we can request and obtain information held in public agencies. For this, we have to play a small amount of fee along with the application to public agencies while requesting for information. The information officer prescribes fee not in manner that discourages fee not in manner that discourages applicant but only in a way to receive the  actual cost of providing information.

" Right to Information" is a fundamental right granted by present constitution. The Constitution of Nepal has provisioned the " Right to Information" in Article 27 stated as " Every citizen shall have the right to demand and receive information on any matter of his or her interest or of public interest. But no one shall be compelled to provide information on any matter of which confidentiality must be maintained in accordance with law." Previously, Right to Information Act, 2064 has also been enacted in the country to ensure the Right to Information in Nepal. Similarly, there is also a Right to Information Regulation, 2065 enacted with the purpose of giving enforcement to right to information laws in Nepal.

Now, let's study more about the "Rights to Information".

Information

Information refers to any writing document, material or information related to the functions, proceeding there of or decisions of public importance made by the public agencies. Here, 'Public Agency' means an agency which provides public service and performs the function of public importance. Similarly, Public Importance means a subject related directly or indirectly with the interest of citizens. 

Information can be obtained  by contacting the information officer. Nepali citizen who seeks to obtain any information should submit an application to the related information officer. The application must contain personal identity, reason and required specific information.

Right to Information

Right to information denotes the right to request and obtain information of public importance held in public agencies. This term also includes the right to study or observation of any written document, material held in public agency or proceedings of such public agency; to obtain a verified copy of such written document, to visit or observe the place where any construction of public importance held in any type of machine.

There is National Information Commission (NIC), an independent commission established for the protection, promotion and implementation of right to information in Nepal.

Importance of Right to Information

Right to information is important to every individual. The following points justify its importance:

• It helps in public to have access to information relating to public importance. 
• It promotes the rule of law.
• It encourages for civil education and improves the democratic governing system. 
• It helps to ensure transparency in the country.
• IT empowers public to participate in governance system.
• It discourages the false information.
• It decreases all kinds of corruption.
• It makes public agencies responsible and accountable.
• It provides a legal basis to an individual to ask for information from public agencies.
• It allows public to know and raise questions to public agencies about the status of the work.

Right to information is not an absolute right. All the information are not made public or do not fall under the Right to Information. Some kinds of information are restricted to request, obtain and provide. The Right to Information Act, 2064 has provided the basis for the legitimate restrictions on right to information. The following kinds of information do not fall under the Right to Information or are restricted to provide :

• Information which seriously jeopardizes the sovereignty, integrity, national security, public peace, stability, and international relations of Nepal.
• Information which directly affects the investigation, inquiry and prosecution of crimes, 
• Information have serious impact on protection of economic, trade, or monetary interest or intellectual property ; or banking or trade privacy;
• Information that jeopardizes the harmonious relationship subsisted among various casts and communities and 
• Information that interfaces on individual privacy and security of body, life , property or health of a person.

However, the flow of information cannot be restricted without any appropriate and adequate reasons.