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| + | ====== Severability — RTI Wiki Citizen Guide 2026 ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** Download RTI Act. Prescribed. Competent Authority under RTI Act. The RTI Act, 2005. What is Information under RTI Act. * Download RTI Act. * Prescribed. | ||
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| + | metatag-description=(Download RTI Act. Prescribed. Competent Authority under RTI Act. The RTI Act, 2005. What is Information under RTI Act. * Download RTI Act. * Prescribed.)}} | ||
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| + | <WRAP center round info 95%> | ||
| + | **In one line.** **Section 10** is the rule against blanket refusal. If **part** of a record is exempt, the PIO must **redact that part and release the rest**. The PIO's order must say what was withheld and why. | ||
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| + | **What that means in practice.** | ||
| + | * Used correctly, severability resolves most Section 8(1)(j) and 8(1)(e) disputes. | ||
| + | * A refusal of an entire mixed record without severance is itself appealable. | ||
| + | * Redaction should be minimal — only the actually exempt text, not the whole paragraph. | ||
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| + | <WRAP center round help 95%> | ||
| + | **New to RTI? File your first application in ten minutes.** See [[: | ||
| + | </ | ||
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| + | ===== Related ===== | ||
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| + | * [[: | ||
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| + | //Last reviewed on: 20 April 2026// | ||
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| + | **What is severability under RTI Act** | ||
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| + | Section 10 (1) of [[:act:|RTI Act]] defines that "Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information." | ||
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| + | ===== Interpretation ===== | ||
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| + | The important aspect of ‘severability’ must be considered by a PIO before denying information. | ||
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| + | Further, the [[:act:|RTI Act]] states under Section 10 (2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, | ||
| + | informing - | ||
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| + | (a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided; | ||
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| + | (b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based; | ||
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| + | (c) the name and designation of the person giving the decision; | ||
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| + | (d) the details of the fees calculated by him or her and the | ||
| + | amount of fee which the applicant is required to deposit; and | ||
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| + | (e) his or her rights with respect to review of the decision | ||
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| + | ===== Interpretation ===== | ||
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| + | If a part of the information is severed as per Section 10(1) the PIO must: | ||
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| + | - Inform the applicant that a part of the information is being severed since it is exempt. | ||
| + | - The reasons for denying certain information as per Section 8 (1) and reasoning how the section is applicable. | ||
| + | - The name and designation of the officer giving the decision to exempt some information. | ||
| + | - Details of the fees to be paid by the applicant showing the calculations. | ||
| + | - Details of the first appellate authority including name, designation, | ||
| + | ~~socialite~~ | ||
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| + | {{indexmenu>: | ||
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| + | [<>] | ||