The Hans India: New Delhi : Tuesday, November 28, 2017.
When a person
sought information on the status of various complaints of sexual harassment by
Delhi girl footballers, addressed to Delhi Soccer Association office-bearers
against Nagender Singh, Vice-President & In-charge, Girls Football, DSA;
the details of members of the Inquiry Committee, if formed by DSA under
Section-4 of Sexual Harassment of Women at Workplace Act, 2013; copy of notices
and minutes of meetings of DSA etc., the DSA took a stand that it was not a
public authority and, hence, need not answer.
It also
contended that the statute barred the disclosure information about sexual
harassment, saying, “The appellant herein with some ulterior motives is
specifically interested in the information related to complaints of sexual
harassment that itself barred to disclose other than to the parties of the
Complaint…. & hence exempted from disclosure.”
However the
DSA has agreed that: “Moreover, the respondent herein already replied to the
said queries as raised under RTI dated 28.03.2017 to the affiliating body of
the respondent and Delhi Government through Delhi Women Commission, who were
ceased with the Complaints of irregularities and Sexual harassment
respectively.”
Kushal Das,
General Secretary, All India Football Federation, wrote a letter to Subhash
Chopra, President of Delhi Soccer Association, on 11.08.2017 seeking
clarification about the complaints and allegations of sexual harassment against
Vice-President, DSA & RTI application. He wrote: “… the AIFF had forwarded
to the DSA on May 15, 2017, a complaint by the father of a girl player, Ms X
against Mr. Nagender Singh as received by the AIFF where it has been alleged
that although Mr. Nagender Singh has been removed from his post as a result of
the complaints against him, he yet till date continues to travel along with the
girls teams due to inaction on part of DSA.
The original
complaint of Ms. X of August 2010 was also attached therewith. However, till
date we have received no reply whatsoever from the DSA regarding the issue
raised in the said letter. It is needless to say that we consider the issues
raised therein to be very serious in nature and of paramount importance, which
under no circumstances, can be overlooked.…”
The DSA
President on 23.08.2017 wrote: “The Managing Committee carefully considered and
discussed the matter in detail and accordingly informed the National Women
Commission and Delhi Women Commission. As the DSA is not holding players on
wages and not acting as their employer, hence formation of any such Committee
is beyond the jurisdiction of DSA.”
The appellant
stated that the respondent authority is receiving grants from the government,
either directly or indirectly. The office of the Delhi Soccer Association is
located at Ambedkar Stadium, which is owned by Municipal Authority (which is a
public authority). He further alleged that there has been no election conducted
since past two years and the President of the Delhi Soccer Association never
comes to office in order to discharge his duties. The appellant further stated
that he was seeking only the status of sexual harassment case and nothing else.
The officers
of the respondent authority refused to share any document to the appellant
except auditor’s report and also alleged that the appellant was a habitual
misuser of RTI. On 25.10.2017 was submitted a rejoinder, which categorically
states: “The reply of DSA dated 13.10.2017 was received by the Appellant at the
time of hearing on 13.10.2017 without any enclosures, whereas as per the
direction of the Hon’ble CIC the Respondents were to give the response to the
undersigned within one week from 25.09.2017 and the replies were to be
exchanged.”
Justice
Mudgal Committee which was probing the IPL affairs in 2014 highlighted in its
report the need for enactment of a special legislation to declare all forms of
manipulations of sports, corruption and malpractices a criminal offence. In one
such matter between Subhash Chandra Agrawal vs. PIO, Department of Sports, vide
file no. CIC/LS/C/2012/000565 decided by this Commission on 16.06.2017, the
CPIO in that matter stated that the Ministry of Youth and Sports Affairs
represented that draft legislation was revised under the title ‘The Prevention
of Sports Fraud Bill, 2015 aiming at prevention of match fixing, spot fixing,
manipulation of sports results, disclosure of insider information etc.
The PMO has
advised the department to re-examine whether sports frauds needs a standalone
Act or it can be dealt with by making necessary provisions in the Indian Penal
Code and to seek expert legal opinion on this. Accordingly, the Ministry of Law
was consulted on this issue. Beyond this the progress on this aspect is not
known.
Kushal Das,
AIFF, was constantly writing to Subhash Chopra, DSA, seeking clarifications on
various complaints including allegations of sexual harassment against its
Vice-President. Even in performing its activities as sole body of football in
Delhi, the DSA is expected to act under the control and supervision of the All
India Football Federation, a public authority under the Ministry of Sports.
Ministry of Youth Affairs and Sports also wrote that as authentically mentioned
in submissions seeking the due cognizance of the matters that formed basis for
agitation under title ‘Save Delhi Football” campaign.
The DSA is
using the expression Delhi in their title and there is no other body in Delhi
to deal with or conduct football activities in Delhi, which is a monopoly.
Whatever importance, finances or authority that DSA draws is only from this
exclusive control over the football sport within Delhi.
On one hand,
DSA alleges the appellant as RTI misuser, admits it has given information as
far as possible and then claims that it is not bound to give any information.
It did not deny that it has complete monopoly over the sport in Delhi, but
refuses to be answerable under RTI Act. This is highly unbecoming of a sports
body. In fact, being a public body concerned with public activity like
football, the DSA should have voluntarily disclosed entire information about
it, including the bits and pieces asked by the appellant in this and several
other appeals, and fulfil its obligation under Section 4 of RTI Act. They want
all authority over the sport in Delhi for them and them alone but do not want
to share the information.
The monopoly
recognised, sanctioned and continued by the Government of India through
Ministry of Youth Affairs and Sports, and also through the All India Football
Federation, is the indirect but substantial funding by the government.
The
Commission has no hesitation to declare unequivocally that being under the
control of Government of India, AIFF, and with grant of monopoly, that is
totally established over the sport of Football within territory of NCR of
Delhi, the Delhi Soccer Association is a body controlled and substantially
financed by the Government of India and hence the public authority under
Section 2(h) of RTI Act, 2005. As per Section 19(8) of the RTI Act, the
Commission requires the public authority to: a. appoint a PIO as per section
19(8)(a)(ii) of the Act and report back the compliance, within 30 days; b.
update their official website with regard to information pertaining to old
constitution of DSA, annual reports and the appointment date as well as the
tenure of the members of the Executive Committee as per Section 19(8)(a)(iii),
the same which should have been complied as per section 4(1)(b) of RTI Act; c.
intimate what action was taken on the sexual harassment complaints against DSA,
without disclosing the name of the complainants shall be provided, within 15
days; and, d. intimate the appellant that if the allegations are prima facie
correct, on what ground the President is continuing in the office?
The
Commission directed the Ministry of Youth Affairs and Sports to inform the
appellant and the Commission the action taken on the complaints/representations
and allegations mentioned above about DSA, within 15 days.
(Based on the
decision in CIC/MOYAS/A/2017/157090, D K Bose v. PIO, Delhi Soccer Association
on 21.11.2017)
.JPG)
.JPG)
