India
Tv News: New Delhi: Thursday, 05 March 2015.
Amid outrage over the interview of a December 16
gangrape convict, CIC today directed the Delhi Commission of Women to make
public records of rapes committed in the national capital with stern conditions
to ensure that identities of victims are not disclosed.
“The Commission observes that the records relating
to rape victims cannot be totally blocked from sharing for research purposes on
the ground of personal information under Section 8(1)(j) of the RTI Act.
“When it is possible to separate information that
can be given from that cannot be given, the PIO has to invoke doctrine of
severability to facilitate the information,” Information Commissioner Sridhar
Acharyulu said.
The case relates to Baladevan Rangaraju who
claimed that he wanted information on rape victims for research purpose and
personally requested the Secretary of the Department, who after knowing the
purpose, refused to furnish the records.
Rangaraju said information sought by him had to be
maintained by the Department according to Delhi Commission for Women Act, 1994.
The Commission expressed concern over the issue of
the protection of privacy of the rape victims and contended that it was not
possible to separate the names of the victims from various documents including
medico-legal case reports.
“Facilitate inspection of the records to the
authorized female representative of the appellant with an assurance that they
shall not bring any electronic device like video records, mobile, camera etc,
block out the names and personal details of the victim and accused by whitener
on the photostat copies,” Sridhar said setting stern guidelines for disclosure
of sensitive information.
He said each paper shall be verified by the
officials of Delhi Women Commission to ensure that nowhere victims’ names and
private details are revealed before certifying.
“The appellant is directed to enter a
non-disclosure agreement with an undertaking that he/his representative will
not reveal information about the personal details of the victims and the
accused and that they shall be responsible for any such revelation through the
documents shared,” he said.
Acharyulu warned that any such disclosure would
not only result in the breach of undertaking but also an offence under the
Indian Penal Code.
“It shall be responsibility of the respondent
authority to secure records, and the appellant shall share the copy of the
research report with the Women’s Commission and this Commission,” the
Commissioner said in his order.
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