Is my right to information simply a façade? | The Business Standard
Skip to main content
  • Latest
  • Economy
    • Banking
    • Stocks
    • Industry
    • Analysis
    • Bazaar
    • RMG
    • Corporates
    • Aviation
  • Videos
    • TBS Today
    • TBS Stories
    • TBS World
    • News of the day
    • TBS Programs
    • Podcast
    • Editor's Pick
  • World+Biz
  • Features
    • Panorama
    • The Big Picture
    • Pursuit
    • Habitat
    • Thoughts
    • Splash
    • Mode
    • Tech
    • Explorer
    • Brands
    • In Focus
    • Book Review
    • Earth
    • Food
    • Luxury
    • Wheels
  • Subscribe
    • Epaper
    • GOVT. Ad
  • More
    • Sports
    • TBS Graduates
    • Bangladesh
    • Supplement
    • Infograph
    • Archive
    • Gallery
    • Long Read
    • Interviews
    • Offbeat
    • Magazine
    • Climate Change
    • Health
    • Cartoons
  • বাংলা
The Business Standard

Saturday
July 12, 2025

Sign In
Subscribe
  • Latest
  • Economy
    • Banking
    • Stocks
    • Industry
    • Analysis
    • Bazaar
    • RMG
    • Corporates
    • Aviation
  • Videos
    • TBS Today
    • TBS Stories
    • TBS World
    • News of the day
    • TBS Programs
    • Podcast
    • Editor's Pick
  • World+Biz
  • Features
    • Panorama
    • The Big Picture
    • Pursuit
    • Habitat
    • Thoughts
    • Splash
    • Mode
    • Tech
    • Explorer
    • Brands
    • In Focus
    • Book Review
    • Earth
    • Food
    • Luxury
    • Wheels
  • Subscribe
    • Epaper
    • GOVT. Ad
  • More
    • Sports
    • TBS Graduates
    • Bangladesh
    • Supplement
    • Infograph
    • Archive
    • Gallery
    • Long Read
    • Interviews
    • Offbeat
    • Magazine
    • Climate Change
    • Health
    • Cartoons
  • বাংলা
SATURDAY, JULY 12, 2025
Is my right to information simply a façade?

Thoughts

Wasif Jamal Khan
11 October, 2020, 11:10 am
Last modified: 11 October, 2020, 11:19 am

Related News

  • PR being forcibly introduced, Bangladeshis barely understand system: Rizvi
  • Grassroots JaPa leaders, activists stand firmly with GM Quader: New Secy Gen Shameem
  • Nahid calls for building pro-Bangladesh politics for people
  • Parties agree to expand lower courts to upazilas, limit emergency powers
  • The politics of proximity: When power rewards presence over performance

Is my right to information simply a façade?

Mass-accessibility of information will effectuate a surge in citizen involvement in the affairs of state, politics, and governance, as it should be in a truly democratic republic

Wasif Jamal Khan
11 October, 2020, 11:10 am
Last modified: 11 October, 2020, 11:19 am
Wasif Jamal Khan.
Wasif Jamal Khan.

Following a global trend, Bangladesh enacted the Right to Information (RTI) Act in 2009. At the time of enactment, it was lauded as an effort to ascertain accountability and transparency of government.

However, marking 11 years since its inception, due to persistent reluctance displayed by authorities and bodies of the government in disclosing information, a question mark arises concerning whether this fundamental right as prescribed by Article 34 of the Constitution is truly being realised.

TBS Illustration.
TBS Illustration.

The preamble of the Act reflects the sentiment of the groups whose relentless effort culminated in the promulgation of this law. The preamble is as follows:

The Business Standard Google News Keep updated, follow The Business Standard's Google news channel

"Whereas freedom of thought, conscience and speech is recognized in the Constitution of the People's Republic of Bangladesh as one of the fundamental rights and right to information is an inalienable part of freedom of thought, conscience and speech; and Whereas all powers of the Republic belong to the people, and it is necessary to ensure right to information for the empowerment of the people; and Whereas if the right to information of the people is ensured, the transparency and accountability of all public, autonomous and statutory organizations and of other private institutions constituted or run by government or foreign financing shall increase, corruption of the same shall decrease and good governance of the same shall be established."

Nevertheless, as mentioned earlier, the implementation of this law has been more arduous than perhaps anticipated initially. With that in mind, we must analyse the provisions of this law. The first concerns we will address are- who can exercise this right to information, from whom the information can be accrued, and who/what are exempted from the ambit of this law?

Only citizens have the right to demand and receive access to information from public bodies. The scope of the RTI Act concerning bodies liable to provide information extends to the executive, legislative, and organisations that undertake public functions. Private organisations with government or foreign funding as well as NGOs, international organisations and other private bodies are also inclusive within these criteria.

The Act, however, excludes state security and intelligence agencies, unless the information sought pertains to corruption and violation of human rights in these institutions.

The definition of "information," as per the scope of this law, is broad. Any documentary material relating to the constitution, structure and official activities of any authority regardless of its physical form or characteristics (including machine-readable records) fall within this definition.

The access to information regime established by the RTI Act reigns supreme over any impediments laid down in other existing laws. There is a list of 20 exemptions which broadly protect some specific interests. Among them are state security, international relations, commercial secrets and intellectual property rights, tax and budget information, law enforcement, judicial activities, investigations, privacy, "secret information" of a person, life or physical safety of individuals; and others.

The RTI Act states that information may be refused only with "prior approval from Information Commission," as per section 7 of the Act.

All application for information must be made under section 8 of the Act. The aforementioned request must consist of certain information as listed: name, address of the person making the request, fax number/ email address, correct and clear description of the information sought for, other related information so that the location of the information sought for may be easily found out, description of the modes how the applicant wants to have the information- making inspection, having a copy, taking a note or any other approved method.

As per section 9 of the Act, the designated officer (RTI Designated Officer) shall provide the information to the applicant within 20 working days from the date of receiving the request. However, if more than one authority is involved, the information will be provided within 30 working days. In case the officer in charge fails to provide the information sought, he must inform the applicant, by writing, within 10 days.

These timelines and protocols are to be strictly enforced except for one instance: if a request made under section 8 and is relating to the life and death, arrest and release from jail of any person, the officer-in-charge is compelled to provide preliminary information thereof within 24 hours.

In case of failure to acquire information from the relevant authority, option to appeal remains. Initially, the appeal will go to the RTI Appellate Authority of the relevant institution. Failure to attain desired information from the Appellate Authority will result in applying to the Information Commission.

Thereafter, it is within the discretion of the Information Commission to determine whether the sought after information will be given or not. However, in case of failure to acquire information using these means, one may exercise their right to information by filing a writ under Article 102 of the Constitution.

Now that all means and mechanisms of exercising the right to information have been discussed, it is imperative to assess the reality of the implementation of this law.

According to a survey conducted in 2019, 59 percent of appellants did not get a response from designated officers in the first phase. Among them, 55 percent won their appeals in the second phase, while 37 percent received no response from the appellate authority. 

Of those who were rejected in the second phase, 60 percent were rejected due to procedural reasons, while 27 percent were rejected on the ground of seeking confidential information, which is an exception as mentioned earlier.

Total 1,284 complaints were filed with the Information Commission from 2009-2019. The commission took an average of 73 days to deliver each verdict. Around 17 percent of the complainants did not get the information they had requested despite obtaining favourable verdict from the commission.

Although the enactment of this law was a positive step towards ascertaining accountability and enhancing the transparency of government, we are still trailing significantly behind in terms of establishing the absolute right of citizens in seeking information without the hindrance of any bureaucratic backlog.

If conclusive measures are taken to hasten the process, it is certain that the mass-accessibility of information will not only ensure good governance, but will also effectuate a surge in citizen involvement in the affairs of state, politics, and governance, as it should be in a truly democratic republic.


Wasif Jamal Khan, President, Bangladesh Forum for Legal and Humanitarian Affairs (BFLHA)


 

right / Information / Mass-accessibility / citizen / Governance / politics / RTI / Right to Information / Right to Information (RTI) Act

Comments

While most comments will be posted if they are on-topic and not abusive, moderation decisions are subjective. Published comments are readers’ own views and The Business Standard does not endorse any of the readers’ comments.

Top Stories

  • Screengrab blurred
    Mitford murder sparks political storm as BNP on backfoot, Jamaat and others pounce
  • Representational image
    Some issues remain unresolved despite progress in 2nd round of US tariff talks: Press Minister Mortoza
  • US President Donald Trump gestures to the US flag flying on a new flagpole after stepping off Marine One returning from New Jersey at the White House in Washington, DC, US, 6 July 2025. Photo: Reuters
    Trump intensifies trade war with 30% tariffs on EU and Mexico

MOST VIEWED

  • Representational image
    In addition to 35% tariff, US demands 40% local value addition for 'Made in Bangladesh' goods
  • RAB Director General AKM Shahidur Rahman speaks at the press briefing on a fake bomb threat on Biman Bangladesh flight on Saturday, 12 July 2025. Photo: TBS
    Mother faked bomb threat on Biman flight to stop married son from flying with girlfriend: RAB
  • Screengrab blurred
    Killers bash in head of man with rock, stomp body with perverse pleasure
  • Photo: UNB
    Saima Wazed Putul ‘placed on indefinite leave’ from WHO role amid corruption allegations
  • How tender rules and a lone bidder stall a $2.5b power plant
    How tender rules and a lone bidder stall a $2.5b power plant
  • Bangladesh and US hold tariff talks on 11 July 2025. Photo: CA Press Wing
    Dhaka, Washington yet to agree on 20% of US tariff conditions: BGMEA

Related News

  • PR being forcibly introduced, Bangladeshis barely understand system: Rizvi
  • Grassroots JaPa leaders, activists stand firmly with GM Quader: New Secy Gen Shameem
  • Nahid calls for building pro-Bangladesh politics for people
  • Parties agree to expand lower courts to upazilas, limit emergency powers
  • The politics of proximity: When power rewards presence over performance

Features

The 2020 Harrier's Porsche Cayenne coupe-like rear roofline, integrated LED lighting with the Modellista special bodykit all around, and a swanky front grille scream OEM Plus for the sophisticated enthusiast looking for a bigger family car that isn’t boring. PHOTO: Ahbaar Mohammad

2020 Toyota Harrier Hybrid: The Japanese Macan

7h | Wheels
The showroom was launched through a lavish event held there, and in attendance were DHS Motors’ Managing Director Nafees Khundker, CEO Imran Zaman Khan, and GMs Arman Rashid and Farhan Samad. PHOTO: Akif Hamid

GAC inaugurate flagship showroom in Dhaka

7h | Wheels
After India's visa restriction, China's Kunming is drawing Bangladeshi patients

After India's visa restriction, China's Kunming is drawing Bangladeshi patients

1d | Panorama
Photo: Collected/BBC

What Hitler’s tariff policy misfire can teach the modern world

2d | The Big Picture

More Videos from TBS

Why cockpit audio deepens the mystery of Air India crash

Why cockpit audio deepens the mystery of Air India crash

7m | Others
Housing officer shot in Pallavi for not paying bribe

Housing officer shot in Pallavi for not paying bribe

57m | TBS Today
BNP does not protect criminals like Sheikh Hasina: Rizvi

BNP does not protect criminals like Sheikh Hasina: Rizvi

37m | TBS Today
Identify the real criminals: Mirza Fakhrul

Identify the real criminals: Mirza Fakhrul

47m | TBS Today
EMAIL US
contact@tbsnews.net
FOLLOW US
WHATSAPP
+880 1847416158
The Business Standard
  • About Us
  • Contact us
  • Sitemap
  • Advertisement
  • Privacy Policy
  • Comment Policy
Copyright © 2025
The Business Standard All rights reserved
Technical Partner: RSI Lab

Contact Us

The Business Standard

Main Office -4/A, Eskaton Garden, Dhaka- 1000

Phone: +8801847 416158 - 59

Send Opinion articles to - oped.tbs@gmail.com

For advertisement- sales@tbsnews.net