Govt seems to be unaware of definition of NRI, reveals RTI

Batra filed an RTI after MoS Jitendra Singh stated that only citizens of India have the right to seek information under the provisions of the Right to Information (RTI) Act, 2005

The government of India seems to be unaware of the definition of a Non-Resident Indian or an NRI, as the department of personnel and training (DoPT) failed to provide the information under the Right to Information (RTI) Act 2005, as per a report.

The RTI, filed by Commodore Lokesh Batra (retd), sought a) definition of an NRI and b) certified scanned copies of a complete set of documents and notings relevant to Lok Sabha's unstarred question No. 3535, starting from the time the question was first received in DoPT up to the time a response was finalised and forwarded to the Parliament (Lok Sabha).

Batra filed an RTI to seek a clarification after the minister of state in the Prime Minister's Office (PMO) Jitendra Singh stated that only citizens of India have the right to seek information under the provisions of the Right to Information (RTI) Act, 2005.

"Non-Resident Indians (NRIs) are not eligible to file an RTI application," Singh had said.

The retired Commodore said that as per his understanding, 'NRIs are very much citizens of India, holding an Indian passport, but whose stay abroad exceeds 182 days in any financial year. Thus, NRIs also have the right to seek information under the provision of the RTI Act, 2005.'

Batra pointed out that the government, in its circular in 2013, had stated under 'Right of NRIs' that '…under the current provisions of the RTI Act, NRIs can file RTI applications seeking information either from a particular Mission or Post abroad or from the Ministry of External Affairs (MEA) itself. Accordingly, a fee of Rs 10 per application, equivalent in local currency is accepted by Missions and Posts abroad.'

Singh's statement contradicted the government's circular. As a result, Batra sought a clarification on who is considered an NRI.

As the department of personnel and training failed to provide this information, Batra filed a complaint to the chief information commissioner (CIC) asking the department's failure to reply to his RTI as a refusal to provide information as per Section 7(2) of the RTI Act. He further appealed the CIC to inquire into the matter and take appropriate action and also impose penalties under Section 20(1) & 20(2) of the RTI Act.

Batra is yet to hear from the CIC.

The Commodore also filed a complaint with Deepa Jain, under secretary, Ministry of External Affairs (MEA) protesting against the non-reply to his RTI requisition. Reverting to his query, Jain informed Batra that his RTI application was forwarded to the concerned Central Public Information Officer (CPIO) -- Lakshmikant Kumbhar, US (OIA-II), Room No. 1023, Akbar Bhawan, New Delhi, Tel: 24197930, Email: [email protected].

Kumbhar, however, replied to Jain saying that the information requested by Commodore Lokesh Batra about the definition of NRI does not pertain to his division and the particular department deals with the welfare of NRIs.

He further said that he has transferred (online) the RTI request to the Ministry of Home Affairs (MHA), which deals with the citizenship issue.

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