ASEER JAMAL versus UNION OF INDIA & ORS.

Citation: [2018] 13 S.C.R. 1278 · Decided: 27-09-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 13  S.C.R.
ASEER JAMAL
v.
UNION OF INDIA & ORS.
(Writ Petition (C) No. 137 of 2018)
SEPTEMBER 27, 2018
[DIPAK MISRA, CJI., A. M. KAHNWILKAR AND
DR. DHANANJAYA Y CHANDRACHUD, JJ.]
Right to  Information Act, 2005: s.6(1) – Case of petitioner is
that large number of illiterate persons and visually impaired persons
or persons afflicted by other kinds of disabilities are not in a position
to get the information – Writ petitioner sought for direction to Union
of India, the States and the Union Territories to provide an effective
machinery for the enforcement of the fundamental right of illiterate
citizens to have access to information and to provide effective
machinery to visually impaired persons and such impaired persons
who are unable to have access to the internet – Held: As far as the
grievance relating to visually impaired persons is concerned,
assistance has to be rendered under s.6(1) of the Act to the persons
who are unable to write or have difficulty in writing – Several States
provide information in Braille – In exercise of the powers conferred
by s.27 of the Act, the Central Government has framed a set of
rules, namely, the Right to Information Rules, 2012 – r.5 takes care
of the plight of people who are below the poverty line – If an
applicant belongs to below  poverty line (BPL) category, he/she
has to submit a proof in  support of his/her claim that he/she belongs
to the said category and as far as the mode of payment is concerned,
various modes are provided and the criticism that it is restricted is
unacceptable – In view of the obtaining situation, liberty is granted
to the petitioner to submit a representation to the competent authority
pointing out any other mode(s) available for getting information
under the Act – If such a representation is submitted, the same shall
be dealt not only with sympathy but also with concern and empathy
– Differently abled persons, which include visually impaired persons,
should have the functional facility to receive such information as
permissible under the Act – They should not be deprived of the
benefit of such a utility – Additionally, authorities to explore any
kind of advanced technology that has developed in the meantime
so that other methods can be introduced – If the petitioner points
[2018] 13  S.C.R. 1278
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out, the cognizance of the same should be taken – Writ petition
disposed of – Right to Information Rules, 2012 – r.5.
Disposing of the writ petition, the Court
HELD:   As far as the grievance relating to visually impaired
persons is concerned, assistance has to be rendered under
Section 6(1) of the Act to the persons who are unable to write or
have difficulty in writing. It is brought to notice that several States
provide information in Braille since the year 2012. Every time
the authority receives an RTI application seeking information in
Braille, it prepares a reply in the printed format and forward it to
the National Institute for the Visually Handicapped where it is
converted to Braille. The visually impaired citizen of Bihar were
the first in the country to get copies under the Right to Information
(RTI) Act and the Rules made by the State Government for its
implementation in Braille script. Audio files are also being
prepared. [Para 10][1283-F-H]
2.  In exercise of the powers conferred by Section 27 of the
Act, the Central Government has framed a set of rules, namely,
the Right to Information Rules, 2012.  Rule 5 takes care of the
light of people who are below the poverty line. If an applicant
belongs to below  poverty line (BPL) category, he /she has to
submit a proof in  support of his /her claim that he /she belongs to
the said category and as far as the mode of payment is concerned,
various modes are provided and the criticism that it is restricted
is unacceptable. [Paras 12, 13][1284-B; 1285-C-D]
Secretary Ministry of Information & Broadcasting,
Government of India and Ors. v. Cricket Association of
Bengal and Ors. (1995) 2 SCC 161 : [1995] 1 SCR
1036 ; People’s Union for Civil Liberties and Anr. v.
Union of India and Ors.(2004) 2 SCC 476 : [2004] 1
SCR 232 – referred to.
Case Law Reference
[1995] 1 SCR 1036 
referred to
Para 1
[2004] 1SCR 232  
referred to
Para 1
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil)
No. 598 of 2018.
(Under Article 32 of the Constitution of India)
ASEER JAMAL v. UNION OF INDIA & ORS.
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SUPREME COURT REPORTS
[2018] 13  S.C.R.
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