Woman files RTI for estranged husband's caste, CIC in a fix

Times of India: New Delhi: Wednesday, December 27, 2017.

A woman's request for the caste certificate of her estranged husband has put the CIC in a fix. The request for the certificate, which the woman claimed was for her child, is not allowed under the RTI Act, as it is information about a third party. The CIC however, has directed the Northern Railway to seek the estranged husband's consent to allow sharing of the information for the sake of his child's future.

In his order, information commission Amitava Bhattacharyya said, "Based on the submission of the parties, the Commission is of the opinion that the importance of a caste certificate of the father for a child cannot be ruled out. However, this is also a settled fact that copy of caste certificate of a third party is personal information." He added that the Commission is of the opinion that a child should not be made to suffer in a matrimonial battle between estranged spouses.

The order came up in response to an RTI plea filed by Madhu, who sought a copy of her estranged husband's caste certificate to enable her to apply for a caste certificate for her daughter. However, on being denied the information by the Northern Railways, where her husband was employed, she filed a second appeal in the central information commission (CIC).

Bhattacharya said, "The welfare of the innocent child caught in the quagmire of the parents' matrimonial battle cannot be ignored completely. The welfare and interest of the child in this case would be undermined or jeopardized to a large extent if the caste certificate of her father is withheld from her."

However, the RTI Act is clear on the point of not sharing information of a third party - that is, a person other than the citizen making a request for the information.

Noting that the final call is on the part of the third party, who should be asked under the provision of Section 11(1) of the RTI Act whether to provide or deny the information, Bhattacharyya directed the Northern Railways to issue a notice to the estranged husband within five days of the receipt of the order on whether the information could be shared.

The CIC has directed the Northern Railway, where the husband is employed to ask him to allow sharing of the information for the sake of his daughter's future.