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Scroll: Delhi: Saturday,
31 August 2024.
Roy exemplifies how personal
activism can bring systemic change, making her memoir a vital contribution to
understanding and addressing social inequities.
I was first introduced to
Aruna Roy was during my undergraduate studies. Our professor began a lecture on
the Right to Information Act with her life story, and the entire class was
awestruck by this woman who had left the civil services to work at the grassroots
level for the real people. After joining the Indian Administrative Service
(IAS) in 1968, she soon realised that the civil service, which still retained
some of its colonial values, was not the place for her. She resigned in 1975
and joined her husband, Bunker Roy, at the Barefoot College Social Work and
Research Centre (SWRC) in Tilonia, Rajasthan.
Given that half of my batch,
including myself, was preparing for civil services at that time, the story of
Aruna Roy was nothing short of a jolt. We couldn’t fathom what we heard and
then read. Some of us despised her choice, while others were bubbling with
questions. How much easier it would have been to understand her motivations had
we had this memoir to turn to at that time. Now, some of my colleagues who
teach various political science courses also introduce the RTI Act with her
story, and the students still react with the same awe and more. This is the
legacy of Aruna Roy.
The title of Aruna Roy’s
memoir, The Personal is Political, reflects the feminist slogan popularised
during the second wave of the movement in the 1960s. The phrase encapsulates
the central theme of her book: the intersection of personal experiences with
broader political issues. In her memoir, Roy explores how women activists
encounter gender inequality and patriarchy in various forms. She dives into the
deeply ingrained social conditioning of masculinity so refined and internalised
that it requires a sensitive and reflective approach to fully understand and
address it.
As a woman activist, Roy not
only navigated male-dominated spaces but also grappled with the complexities of
masculinity itself. Her memoir is a testament to this struggle, written with
clarity and evocative power. The narrative is driven by the heartfelt stories
of those whose lives have found a space within its pages. Through her memoir,
Roy has effectively (re)written history from the margins, giving prominence to
voices that are often overlooked. Roy not only acknowledges the voices of
ordinary people without which there can be no sustainable change but also makes
them the roadmaps to walk on, for her and the younger generations to come.
Perceptions of reality
Upon arriving in Tilonia,
Roy, eager to begin her work, asked a local colleague to introduce her to
someone she could start a conversation with. He led her to a small courtyard
featuring two rooms set at right angles and a hut for a kitchen. A woman emerged
from the kitchen, and the colleague left them alone to talk. “The woman was
striking…. Suspicion was writ large on her face,” Roy recalls. When the woman
inquired about Roy’s purpose, Roy explained that she simply wanted to talk. The
woman’s response was blunt: “Get lost! I neither want literacy nor a job. I
have my hands full and no time to waste on the likes of you.” This encounter
left Roy shaken.
As the memoir progresses,
with many recounting of incidents like this one, Roy reflects on how her
perceptions of reality were shaped by her privileges as a middle-class urban
woman and a former IAS officer. Recognising this, she takes a step back and opens
herself to learning from the people she aims to serve. Throughout the memoir,
Roy shares stories of women she regards as her teachers, friends, and fellow
activists, thus contributing to the oral history tradition in modern times. Her
narrative underscores a profound humility and willingness to listen and learn,
enriching the discourse on grassroots activism and social change.
Roy challenges the prevalent
misconception that women, particularly in rural areas, need skill training to
deserve better remuneration. This notion not only undermines the immense labour
that these women undertake but also marginalises their work by labelling it as
“unskilled”. After all, who determines which activities are considered skilled
or unskilled? The sheer number of women engaged in agriculture, construction,
domestic support, and animal husbandry demonstrates that “the economy is, in
fact, sustained by women,” and their contributions deserve proper recognition.
Ironically, Roy herself
experienced the harsh reality of this misconception. She recounts her attempt
to work as a daily wage labourer for fifteen days, during which she sustained a
permanent back injury. Yet, she regards this as a testament to her argument
that such work demands considerable skill. If it were truly “unskilled” labour,
she reasons, she would not have encountered any difficulty. Roy contends that
these faulty definitions of skill are perpetuated by policymakers who have
never engaged in fieldwork themselves. Furthermore, she suggests that this
mislabeling is a deliberate strategy to exploit cheap labour without any
consequences. The recognition of labour and its political value remain central
to Roy’s activism and underscore the broader struggle she has championed
throughout her life.
The dual meditation
Roy’s memoir operates as a
profound meditation on two distinct yet intertwined levels. On one, she
introspectively examines herself – her ideas, choices, rationality, and
conscience. This self-reflection is a critical aspect of her journey, revealing
her personal growth and the evolution of her understanding. On another level,
she questions the broader societal structures she encounters: the patriarchal
norms, the theft and disregard for labour, and the hate and violence
perpetuated in the name of caste. She also contemplates how to fundamentally
overturn these injustices. Her answer? Through empathy and relentless struggle.
On the other, she
demonstrates her deep humility and unwavering commitment to social justice. Her
reflection on her own privilege. The continuous efforts to learn from the
marginalised communities she works with highlight her dedication to elevating
those who are often overlooked. Her work serves as a powerful reminder that
true activism involves more than advocacy; it requires listening, learning, and
championing the voices of those at the margins. By embodying these principles,
Roy exemplifies how activism can bridge personal reflection with systemic
change, making her memoir a vital contribution to understanding and addressing
social inequities.
The Personal is Political:
An Activist’s Memoir is not just a recounting of her life and work; it is a
manifesto for change. Her memoir stands as both a historical document and a
guide for those seeking to understand and challenge the systemic inequalities
that persist in our world. Her journey from an IAS officer to a grassroots
activist illustrates the transformative power of empathy and commitment. Roy’s
insights into gender, labour, friendship, organised resistance and social
justice challenge us to rethink our perceptions and engage more deeply with the
world around us. Her memoir is a crucial read for anyone interested in
understanding the complex interplay of personal experiences and political
activism. Roy’s legacy, captured in these pages, will continue to inspire and
mobilise future generations towards a more equitable and just society.
Kashmir Times: Delhi: Saturday,
31 August 2024.
The Ministry of Home Affairs
to a Right To Information (RTI) query has underlined that the RTI Act, 2005, is
applicable to J&K. But, the fact is even after the abrogation of Article
370, five years down the lane, the Union Territory of J&K hasn’t launched
the RTI portal yet.
This happens at a time when
the Union Government is making efforts to ease governance by providing various
services digitally to the public.
Kerala-based RTI campaigner
K. Govindan Nampoothiry, who filed the RTI query has pointed out that the UT of
J&K should clarify why it hasn’t launched the RTI portal yet.
Govindan Nampoothiry on 23rd
April filed an application under RTI Act before the MHA seeking the details of
the amount allocated and released to states and UTs under the Disaster Response
Fund from 2014 to 2024 along with utilisation.
“The CPIO and Deputy
Secretary (J&K) directed me to obtain the information about utilisation and
the current status of each scheme from the Govt of J&K. However, I couldn’t
find a dedicated RTI portal of J&K. I am planning to approach the Central
Information Commission as the MHA failed to provide specific details,” he said.
As per the RTI document, the
Department of Jammu, Kashmir and Ladakh Affairs under the MHA in its reply
dated 3rd July stated – “After the notification of the J&K Reorganization
Act, 2019, the RTI Act, 2005 is applicable in the UT of Jammu and Kashmir from
31.10.2019.
Accordingly, you may obtain
the information directly from the Govt of J&K under the RTI Act.”
He urged the MHA to issue a
clarification on this at the earliest.
At the same time, the UT of
Ladakh has set up an RTI portal (https://rtionline.ladakh.gov.in/).
MSN: Delhi: Friday,
30 August 2024.
According to data obtained
through a Right to Information (RTI) request, more than 4,000 children under
the age of five have died due to various illnesses at Chacha Nehru Bal
Chikitsalaya, a Delhi government-run pediatric hospital. The data covers the period
from 2019 until June this year.
Yearly Breakdown of
Fatalities
The highest number of deaths
occurred in 2019, with 875 fatalities recorded. The numbers decreased over the
following years, with 866 deaths in 2020, 626 in 2021, 866 in 2022, and 548 in
2023. Up to June 2024, 314 deaths were reported for the current year.
Leading Causes of Death
The hospital identified the
top causes of these deaths as sepsis, pneumonia, septic shock, and septicemia.
Despite being a state-of-the-art super-specialty pediatric hospital, these
figures raise serious concerns about the efficacy of the healthcare provided.
Lack of Response from
Authorities
Calls and messages to the
hospital authorities seeking further information on these deaths went
unanswered. Amit Gupta, the RTI activist who requested the data, expressed his
shock at the findings, stating, "I was reading about some cases of children's
deaths, so I wanted to check the situation in the national capital. So, I filed
the RTI. I wrote to the Directorate General of Health Services (DGHS), and the
request was transferred. I eventually received the data only from Chacha Nehru
Bal Chikitsalaya and am still waiting for responses from other hospitals. The
data is shocking, especially considering that Delhi has one of the best
healthcare infrastructures. We need to reduce these deaths."
Calls for Action
The data highlights an
urgent need for improved healthcare measures and better management to address
the high mortality rates among young children at this prominent pediatric
facility.
Medical Dialogues: Srinagar: Friday,
30 August 2024.
A court in Srinagar has
convicted a medical officer from Indian Systems of Medicine (ISM) of two years
of imprisonment and imposed a fine of Rs 50,000 under Section 419 and 471 of
the Ranbir Penal Code (RPC) for committing fraud by impersonating someone else
and submitting a forged document as genuine while filing a right to information
(RTI) application.
Regarding the failure to pay
the fine by the doctor, the court imposed an additional 6 months of
imprisonment in case of non-payment of the fine. The accused doctor of Jammu
and Kashmir was convicted by the Court of 2nd Additional Munsiff Ahtzaz Ahmed
on Tuesday for filing an application under the Right to Information (RTI) Act
in the name of another person and using it as a ‘genuine’ document.
On October 30, 2013, a
complaint was filed by then Director ISM that a medical officer was transferred
to Udhampur in Jammu division for misconduct and harassment and the accused was
harassing the officials of the department by filing multiple RTI applications,
UNI reports. It was alleged that the accused was using different names so that
he could escape from the departmental enquiry and could put pressure on
officers of the Department.
The Director said the ISM
department received a chain of RTI applications with identical language, filed
under different names of Muzaffar Anwar Ganie - son of Dr Tantray's landlord in
Srinagar, who denied filing the application. Following the complaint, a case
was registered in police station Saddar and investigations were taken up.
The court issued its ruling
after considering the arguments put forth by the prosecution. According to
Kashmir News Service, the prosecution, led by Advocate John Mohammad sought the
maximum sentence, citing the impact of the crime on the general public and
emphasizing that the convict was a repeat offender. In contrast, the defence
attorney, M.A. Peerzada, advocated for a more lenient approach highlighting
that the accused was approaching retirement.
“The prosecution has proved
its case beyond any reasonable doubt to the extent that the accused had cheated
the officials of department of ISM by pretending to be Muzafar Ahmad Ganaie by
filing an RTI application in his name and thereby using a forged document as
genuine. As such, the accused is hereby convicted for offences of cheating by
personation and dishonest use of forged document,” observed the court.
Shillong Times: Shillong: Friday,
30 August 2024.
Williamnagar, August 29:
Social activist, Nilbath Ch Marak has slammed the Public Information Officer
(PIO) of the Directorate of Health and Family Welfare (DHFW) after the
department replied to the Meghalaya State Information Commissioner (MSIC)
stating that the information requested by the activist had been provided to
him.
The clarification by the
department comes after Nilbath filed a complaint with the MSIC on Jul 18 this
year after the PIO did not provide him the required information under the RTI
Act, 2005. Marak had filed the RTI with the DFHW in May 24, seeking information
under the Act.
Marak had waited for over 70
days prior to filing the complaint with the MSIC.
In their reply to the MSIC,
the PIO had stated that the necessary information had already been delivered to
the activist’s son on Jul 23 at Williamnagar.
What is interesting is the
fact that the department actually sent the information 5 days after the
activist filed his complaint with the CIC, which was also reported in the
media.
“As an information seeker, I
expected them to reply to my RTI within 30 days and if they failed to do so, to
communicate with me regarding the delay. They chose to ignore my RTI and it was
only after I filed a complaint with the CIC that they sent me the required
information. Their statement is misleading as the information was supposed to
be handed over within 30 days and to let me know of any delay,” informed
Nilbath.
Marak has also filed another
complaint against the PHE department of East Garo Hills (EGH) with the MSIC,
the hearing for which is still awaited, despite the passage of more than 2
months.
Free Press Journal: Indore: Thursday,
29 August 2024.
Congress Committee's
Information Rights Cell president Girish Joshi in the memorandum highlighted
that under Section 6(1) of the Right to Information Act of 2006
Congress leaders submitted a
memorandum to the state government demanding the immediate appointment of a
commissioner in the State Information Commission, on Wednesday.
Congress Committee's
Information Rights Cell president Girish Joshi in the memorandum highlighted
that under Section 6(1) of the Right to Information Act of 2006, citizens are
entitled to access information about the workings of government offices.
The Congress leaders pointed
out that the tenure of the previous Information Commissioner ended on March 31,
2024. Despite the lapse of six months since the end of the term, no new
appointment has been made, effectively stalling the Right to Information (RTI)
process in the state.
“Without an appointed
commissioner, appeals for information under the RTI Act are left unheard,
leaving around 15,000 complaints pending at the State Information Commission in
Bhopal,” he said.
The Congress leaders
emphasised that the lack of an Information Commissioner has effectively denied
citizens their right to information, as they cannot appeal their cases to a
higher authority after an initial refusal or inadequate response from government
offices.
City Congress president
Surjeet Singh Chaddha, Chintu Chouksey, and other prominent leaders urged the
state government to swiftly appoint a new Information Commissioner to ensure
transparency and accountability in governance.
Kashmir Images: Srinagar: Thursday,
29 August 2024.
The Court of 2nd Additional
Munsif on Wednesday sentenced an Indian Systems of Medicine (ISM) doctor to
two-year imprisonment and a monetary fine after convicted him for offences of
cheating and impersonation while filing applications under Right to Information
(RTI) Act.
The accused Dr Zahoor Ahmad
Tantray of Kupwara, a medical officer had been convicted on Tuesday for
offences punishable in terms of RPC sections of 419 (cheating by impersonation)
and 471 (using as genuine a forged document).
The doctor was allegedly
using different names to avoid being identified while filing RTI applications
some 11 years ago.
The 2nd Additional Munsiff,
Ahtzaz Ahmed pronounced the sentence in open court today and recorded “for the
offence under section 419 of the RPC, simple imprisonment of one year along
with a fine of Rs 25000 (Rupees twenty-five thousand only) is imposed upon the
convict. In default of payment of Rs 25000, the convict shall further undergo
three months imprisonment besides the primary sentence,” the court said,
adding, “For the offence under section 471 of the RPC, simple imprisonment of
one year along with a fine of 25000 is imposed upon the convict. In default of
payment of 25000, the convict shall further undergo three months imprisonment
besides the primary sentence.”
The court said that both
sentences shall run “consecutively” and the detention imposed earlier on the
convict during the investigation proceedings and the case proceedings shall be
set off from the total sentence of 2 years or 2 years 6 months (in case of
default of payment of fine) whatever the case may be.
The court announced the
sentence a day after convicting the 50-year-old medical officer.
It said that filing RTI
applications under the umbrella of somebody else’s name is a crime which not
only affects the officials of the ISM department or the persons so impersonated
in particular, but also the public in general.
A case was filed against the
accused doctor on October 30, 2013 on the basis a communication received from
the then Director, ISM. It stated that the accused, putting up in a rented
accommodation in Bemina Srinagar, was transferred from Unani Dispensary Gulab
Bagh to Unani Dispensary Khanaid, Udhampur because of his “misconduct”.
The medical officer was
harassing the officials of the department by filing RTI applications under
different names so that he could escape from the “departmental enquiry”, and to
pressurize the officers of the department, it said further.
As per the communication,
the department grew suspicious on receipt of the chain of RTI applications on
“stereotype readymade format” filed by the accused while impersonating
different persons.
The medical officer, as per
the communiqué, had filed one of the applications in the name of Muzaffar Anwar
Ganie, who happens to be the son of the owner of the house where the doctor was
residing.
The department sent a copy
of RTI application to Muzaffar Anwar Ganie, who on its receipt contacted the
department and refused to have sought any such information.
Similarly, the communication
said, another RTI application in the name of one Mohammad Ashraf Ganaie was
received against the officers who were conducting an inquiry against the
accused doctor.
The communication stated
that the doctor actually wanted to escape the departmental enquiry and harassed
and distressed the officers and employees of the department.
Kashmir Observer: Srinagar: Wednesday,
28 August 2024.
A court here on Tuesday held
a medical officer from Indian Systems of Medicine (ISM) guilty on charges of
cheating by personation by filing an application under RTI Act in the name of
another person and using the same being a “forged” document to be genuine.
“The prosecution has proved its case beyond
any reasonable doubt to the extent that the accused had cheated the officials
of department of ISM by pretending to be Muzafar Ahmad Ganaie by filing an RTI
application in his name and thereby using a forged document as genuine,” 2nd
Additional Munsiff, Ahtzaz Ahmed, said while convicting Dr Zahoor Ahmad Tantray
of Kupwara for offences punishable in terms of RPC sections of 419 (cheating by
personation) and 471 (using genuine as genuine a forged document).
The court has posted the
case on Wednesday for hearing the arguments on the quantum of sentence to be
imposed upon the accused.
The case was filed on
30-10-2013 on the basis a communication received from the then Director, Indian
Systems of Medicine, stating that the accused, putting up in a rented accommodation in Bemina Srinagar, was transferred
from Unani Dispensary Gulab Bagh to Unani Dispensary Khanaid, Udhampur because
of his “misconduct”. Also it was reported that the medical officer was
harassing the officials of the department by filing the RTI applications using
different names so that he could escape from the “departmental enquiry” and
could pressurize the officers of the Department.
As per the communication,
the department grew suspicious on receipt of chain of RTI applications on
“stereotype readymade proforma” filed by impersonating different persons.
The medical officer, as per
the communication, had filed one of the applications in the name of Muzaffar
Anwar Ganie who happens to be the son of the owner of the house where the
doctor was residing.
The department sent a copy
of RTI application to Muzaffar Anwar Ganie who on its receipt contacted the
department and refused to have sought any such information.
Similarly, the communication
said, another RTI application in the name of one Mohammad Ashraf Ganaie was
received against the officers who were conducting an inquiry against Dr Zahoor.
The communication alleged
that Dr Zahoor actually wanted to escape from the departmental enquiry by
harassing and causing distress to the officers and employees of the department.
Legal World: Delhi: Wednesday,
28 August 2024.
The Delhi High Court has
stated that the decision to disclose or exemption from disclosure of information
should be made judiciously. The matter was heard before Justice Sanjeev Narula.
The approach undertaken should not compromise the provisions of the Right to
Information Act, 2005, “while also respecting the confidentiality required in
judicial proceedings’, said Delhi High Court order.
The petition filed by
Central Public Information Officer of National Consumer Disputes Redressal Commission,
challenging the order which was passed by the Chief Information Commissioner.
The matter was heard before
Justice Sanjeev Narula.
The bench held that the
absence of a specific prohibition in the Consumer Protection Regulations, 2005,
regarding access to NCDRC records to third parties, should not be construed as
an implicit prohibition. The interpretation of abovementioned regulation must
align with the overarching goal of the Right to Information Act, 2005 for the
purpose of enhancing transparency and access to information.
The court further found that
mere status of an individual as a ‘third party’ is immaterial and thus, the existence
of such status shall not automatically exclude them from the right to access
information, especially when such information might have broader public
implications.
The petitioner was
represented by Vidur Mohan, Kaushal Kumar Singh and Shefali Munde.
The respondent was
represented by Gautam Narayan, Asmita Singh, K.V. Prasad and Anirudh Anand.
Greater Kashmir: Srinagar: Wednesday,
28 August 2024.
The CIC has warned the PIO
of a potential penalty of Rs 25,000 for the violation of RTI Act provisions,
following a series of delays and non-compliance
The Central Information
Commission (CIC) has served a show cause notice to the Public Information
Officer (PIO) of the Gulmarg Development Authority (GDA) for denying crucial
information under the Right to Information (RTI) Act.
The CIC has warned the PIO
of a potential penalty of Rs 25,000 for the violation of RTI Act provisions,
following a series of delays and non-compliance.
As per the official
document, the applicant M M Shuja had filed an RTI and sought information from
the GDA, regarding financial records, tourism data, and environmental
management.
The applicant had sought
specific details, including the quantum of land under GDA control, the number
of hotels and guest houses, registered tourist guides and operators, and
records of construction activities from 2019 to 2022.
“The application sought
information on budget allocations, solid waste management practices, tree
planting initiatives, and instances of forest land encroachment in Gulmarg,”
the official document reads.
It reads that the PIO failed
to respond within the legally mandated time frame.
“Dissatisfied with the lack
of response, the applicant filed a first appeal on April 20, 2023. However, the
first appellate authority did not adjudicate the appeal, leaving the applicant
with no choice but to approach the CIC with a second appeal,” it reads.
During the hearing, the
appellant had participated via video conference while the PIO of the GDA failed
to attend and did not provide any explanation about their absence.
“The appellant argued that
the PIO’s reply, furnished on June 29, 2024, was incomplete and failed to
address the requested information adequately,” it reads.
Following this, it was said
that the examination of the records had revealed that the inordinate delay in
furnishing of information had not been explained or justified by the PIO GDA.
“The PIO did not even bother
to attend the hearing nor explain the cause of his absence. Such a
lackadaisical approach towards RTI matters cannot be overlooked,” the document
reads.
In the wake of this, the CIC
directed the Registry of Bench to issue a show cause notice to the PIO GDA to
explain why a penalty of Rs 25,000 should not be imposed for willful violation
of the provisions of the RTI Act by causing deliberate obstruction in the
dissemination of information.
“In doing so, if any other
persons are also responsible for the omission, the PIO should serve a copy of
this order on such other persons under intimation to the commission and ensure
that written submissions of all such concerned persons are sent to the
commission,” the official document reads.
The PIO has been further
directed to send a copy of supporting documents on which he relies upon in his
submission as well as a copy of the reply sent qua the RTI application.
MyJoy Online: Ghana: Tuesday,
27 August 2024.
The Ghana National Petroleum
Corporation (GNPC) has finally published a list of beneficiaries of its
scholarship program, following a deferred response to a formal Right to
Information (RTI) request by JoyNews.
The request, originally made
by the Head of the Research Desk at The Multimedia Group, Raymond Acquah,
sought comprehensive details on GNPC-funded scholarships granted to both local
and foreign institutions since the program’s inception.
The information requested
included:
- A full list of
beneficiaries who received GNPC-funded scholarships to foreign institutions,
including the year of selection, institutions attended, courses pursued,
scholarship amounts awarded, and the criteria used for selection.
- A detailed list of
beneficiaries awarded GNPC-funded scholarships to local educational
institutions within Ghana, with similar details provided as in the first
request.
- Clarification on the
total annual expenditure attributed to GNPC-funded scholarships, both for
foreign and local institutions, up to the present date.
In response, GNPC’s Deputy
Chief Executive (Finance & Administration), Benjamin Kweku Acolatse,
acknowledged receipt of the request in a letter dated April 30, 2024.
However, citing Section 22
of the Right to Information Act, 2019 (Act 989), GNPC indicated that access to
the requested information would be deferred.
Section 22 of Act 989 allows
public institutions to defer access to information if it is scheduled for
publication within ninety days of the request or if it has been prepared for
submission but not yet submitted.
GNPC stated that the
deferral was necessary to allow the GNPC Foundation sufficient time to compile
a comprehensive list for publication on their official website, which was under
construction at the time.
Despite the publication not
fully meeting the RTI request, GNPC has now posted the names of beneficiaries,
the year of award, and the programmes of study on its official website.
The list, however, does not
include all the detailed information initially requested by The Multimedia
Group.
The published list can be
accessed on the GNPC Foundation’s website.
Hindustan Times: Pune: Tuesday,
27 August 2024.
Civic body itself gave in
writing that despite being able to provide free treatment to over 6,000 poor
patients per annum, it had passed on the benefit to hardly 100 such patients
per annum, says activist Vivek Velankar.
Despite the existence of an
agreement between Pune Municipal Corporation (PMC) and well-known private
hospitals such as Ruby Hall Clinic, KK Eye Institute and Sahyadri Hospitals
enabling provision of free treatment to over 6,000 needy patients per annum,
the civic body has passed on this benefit to hardly any poor patients, a Right
to Information (RTI) query has found.
PMC had given additional
floor space index (FSI) to Ruby Hall Clinic, KK Eye Institute and Sahyadri
Hospitals and in return, these hospitals had agreed to provide daily 19 beds
free-of-cost to poor patients.
Civic activist Vivek
Velankar said, “Twelve beds at Ruby Hall Clinic, five at Sahyadri, and two at
KK Eye Institute have been reserved for poor patients on a daily basis. PMC had
given additional FSI to these hospitals and in return, they were to provide
free treatment to poor patients recommended by the PMC health department.”
“I applied under the RTI Act
and sought information from the health department regarding this. I found that
between April 1, 2022 and June 30, 2024, the PMC had recommended only 56
patients to Ruby Hall Clinic and 40 to Sahyadri Hospitals among others,” Velankar
said.
PMC itself gave in writing
that despite being able to provide free treatment to over 6,000 poor patients
per annum, it had passed on the benefit to hardly 100 such patients per annum,
Velankar said.
While the PMC health
department refrained from commenting on the matter, an officer requesting
anonymity said, “One of the hurdles is the income criteria. Only persons with
an income of ₹50,000 per annum can avail this benefit. Ideally, the income
limit should be at least ₹3 lakh per annum so that more poor patients can avail
the benefit. The senior officials should make such an amendment with approval
from the general body.”
Whereas Velankar said, “The
PMC should form a dedicated cell for this so that many more poor patients can
avail free treatment at these private hospitals…”
Indian Express: New Delhi: Monday,
26 August 2024.
An official scrutiny that
lasted nine years till 2019 tracked 1,084 complaints of Government jobs being
acquired on fake caste certificates, according to records accessed by The
Indian Express under the Right To Information (RTI) Act. From these cases, 92
personnel were dismissed from service, records from the Department of Personnel
and Training (DoPT) show.
These numbers (see chart)
assume significance given the high-profile case this year of Puja Khedkar who
is in the dock for allegedly presenting dodgy caste and disability certificates
to secure a seat in the civil services.
The RTI records were made
available for 59 of the 93 ministries and departments under the Government.
They show that the Railways logged 349 such complaints in this period followed
by the Department of Post (259), Ministry of Shipping (202) and Department of
Food and Public Distribution (138). Sources in the DoPT said several of these
cases are pending in various courts as well.
The RTI response was
obtained on an application filed by The Indian Express following the Puja
Khedkar controversy in July. It shows the DoPT started collecting data of such
complaints in 2010 after a recommendation by the then Parliament Committee on
the Welfare of SC/ST headed by the then Lok Sabha BJP MP Ratilal Kalidas Varma.
The Committee “strongly
recommended” that the DoPT “obtain information from all Ministries/
Departments, PSUs, banks, autonomous bodies and States/ UTs in regard to cases
of false caste certificates regularly with a view to monitoring their progress
and disposal, so that necessary plan of action could be taken to tackle the problem
for good.”
The first communication in
this regard was issued by the DoPT on January 28, 2010, to ministries and
departments to “collect information from all organisations under their
administrative control about the cases where the candidate got/alleged to have
got appointment against vacancies reserved for Scheduled Castes, Scheduled Tribes
and Other Backward Classes on the basis of false/ fake caste certificate”. The deadline
given was March 31, 2010.
The last communication
seeking such data, records show, was issued on May 16, 2019. “As on date, no
such data is centrally maintained in (these) Departments,” the DoPT said in its
RTI response dated August 8, 2024.
“DoPT has issued
instructions from time to time to all the State and UT governments to ensure
timely verification of caste certificate. It is the responsibility of the concerned
State or UT Government to issue and verify caste certificate,” the DoPT said.
The Government’s reservation
quota for employment mandates that SC candidates get 15 per cent, STs 7.5 per
cent, OBCs 27 per cent, EWS 10 per cent and physically handicapped 3 per cent
in each category.
According to the DoPT, an
order issued in 1993 states: “If it is found that a government servant had
furnished false information or produced a false certificate in order to secure
appointment, he should not be retained in service.”
In July, the UPSC accused
Puja Khedkar of “fraudulently availing attempts beyond the permissible limit
under the Examination Rules by faking her identity by way of changing her name,
her father’s and mother’s name, her photograph/signature, her email id, mobile
number and address.”
Khedkar approached the Delhi
High Court earlier this month, challenging the UPSC’s declaration to cancel her
civil services candidature and bar her from appearing for any future exams.
Times of India: Bhatinda: Monday,
26 August 2024.
A total of 38,114 cases of
vitro fertilisation (IVF) a technique that came in the spotlight after Punjabi
singer and rapper Sidhu Moose Wala’s parents adopted it to deliver a baby boy
in March have been reported from 15 districts of Punjab in the last nearly 30
months after ART Act, 2021, and Surrogacy Regulation Act, 2021, came into force
from Jan 25, 2022, according to information sought under RTI Act.
Questions were raised over
whether Moose Wala’s mother was eligible under the law that has fixed the upper
age limits for women and men to undergo ART treatment at 50 and 55 years,
respectively.
“Month-wise details of
whether more people opted for IVF after Moose Wala’s parents chose it are
awaited,” said Bathinda-based RTI activist Sanjeev Goyal who had sought
information about the number of people having adopted the technique in the
state and the success rate. He said that he got replies from 21 civil surgeons,
with none adopting the technique in six districts. The success rate details are
awaited.
Most cases (11,332) were
reported in Moga followed by 10,028 in Jalandhar, 5,065 in Ludhiana and 4,701
in Mohali. Also, 2,609 couples adopted IVF in Bathinda, 1,519 in Patiala, 1,031
in Amritsar, 964 in Muktsar, 354 in Faridkot, 134 in Gurdaspur, 128 in Pathankot,
83 in Barnala, 60 in Sangrur and 53 each in Mansa and Nawanshahr.
The Hindu: Chennai: Monday,
26 August 2024.
State health authorities
have refused to disclose the identities of doctors who conducted postmortems in
57 medico-legal cases at the Government Rajaji Hospital, Madurai, wherein the
reports were found to be nearly identical.
A petitioner, seeking
information under the Right to Information (RTI) Act, 2005, on the actions
taken over suspected irregularities in the postmortem reports, claimed that his
petition was being passed around between various medical authorities without a
proper response.
‘Cut, copy, paste’
The issue pertains to a
Public Interest Litigation (PIL) petition that came up before the Madurai Bench
of the Madras High Court in 2020. Referring to a report of Scientific Officers,
the court noted that between April 1 and 15, 2019, 178 postmortems were
conducted at the hospital. Of these, 57 reports suggested that they were
produced using a “cut, copy, paste” method.
The Bench, comprising
Justices K. Kirubakaran and S.S. Sundar, remarked that the postmortem
certificates contained only minor variations. Additionally, closed-circuit
television camera (CCTV) footage revealed that no measurements were taken from
any of the bodies. “It is clear that all these 57 postmortem certificates were
generated using a cut, copy, paste method,” it had said.
In May 2024, Raj Kapil, a
criminology professor from Kanniyakumari district, filed an application under
the RTI Act to know whether the State government had formed an inquiry
commission to investigate the irregularities or the fraudulent issuance of postmortem
certificates in the 57 cases. He also sought to know the identities of the
doctors or police surgeons responsible for the certificates, and the action
taken against them.
The Directorate of Medical
and Rural Health Services responded by forwarding the petition to the
Directorate of Medical Education and Research, claiming that the information
pertained to their office. However, the latter redirected the petition to the
Government Rajaji Hospital, Madurai, under Section 6(3) of the Act. The
petition continued to be transferred between authorities.
Later, the Public
Information Officer at the hospital forwarded the petition to Madurai Medical
College. Last month, Madurai Medical College responded that the queries
pertained to the Directorate of Medical Education and Research, Chennai.
However, there was no indication that the petition had been referred to the
appropriate authorities. In response to the question on the names and
designations of those who issued the certificates, the Madurai Medical College
cited Section 8(h) of the RTI Act, claiming that there was no provision to
provide such details.
Dismayed at the response,
Mr. Kapil said Section 8(h) typically applies in cases where disclosing an
information could impede an investigation. “It is essential for citizens to
know that action has been taken against the doctors involved. Moreover, identifying
them will only aid in the investigation of criminal cases where the postmortem
examinations were botched,” he said.
Tribune India: Chandigarh: Sunday,
25 August 2024.
A local court has sentenced
RTI activist Gurdev Singh, a resident of Bathinda district, to undergo one year
imprisonment after convicting him in a graft case registered six years ago. The
court has also imposed a fine of Rs 500 on the convict.
The police registered the
case against the accused under Section 384 of the IPC on the complaint filed by
then Chief Information Commissioner (CIC), Punjab, Swaran Singh Channi, on
March 12, 2018.
In a complaint to the UT
SSP, the then CIC said Preety Chawla, State Information Commissioner, Punjab,
had brought to his notice that Gurdev had taken Rs 10,000 as bribe from a
person, Pritam Singh, principal, Government Senior Secondary School, Mandi Kalan,
Bathinda district, on the premises of State Information Commission, Punjab.
The complainant alleged that
Gurdev met him in the office and asked him to give some money for withdrawing
the appeal which was to be heard on that day by the information commission. He
further threatened him that if he does not give money, then he would get him
dismissed from job. He then asked him to give Rs 10,000.
During the hearing of the
case Gurdev told the commission that he had got the required information and
requested that the case might be closed.
The principal stated that he
had taken a photocopy of the notes of the graft money and subsequently brought
the incident to the notice of the Commissioner. The police investigated the
case and a challan was filed in the court.
After hearing the arguments,
the court sentenced the RTI activist to undergo one-year imprisonment.
Times of India: Kochi: Sunday,
25 August 2024.
The HC has directed the
Public Service Commission (PSC) not to destroy files when an application for
them is received under the Right to Information (RTI) Act and the request is
still pending. The bench of Justice S Eswaran stated that if such incidents are
brought to its attention, the State Information Commission (SIC) is free to
take appropriate action.
The directive was issued in
response to a plea by the appellate authority of the Kerala PSC, challenging an
SIC order to disclose certain details sought by A K Balakrishnan Nair of
Quilandy. Nair had previously approached the PSC with an RTI application seeking
copies of all PSC exam question papers for six months starting Jan 1, 2013. The
PSC responded that old question papers were not retained in the office.
Dissatisfied, Nair appealed to the appellate authority, but his request was
again rejected, leading him to appeal to the SIC. The SIC then directed the PSC
to provide the requested information.
In its petition in HC, the
appellate authority argued that the question papers had been destroyed as per
Rule 272 of PSC’s Office Manual and Section 2 of the Kerala Destruction of
Records Act. The bench held that once the PSC has destroyed the records as per
the rule, it is not obligated to provide the information under the RTI Act.
However, the SIC counsel argued that PSC destroyed the files while the RTI
application was pending. Following this, the bench issued the directive.
Verdictum: Delhi: Saturday, 24 August
2024.
The Delhi High Court has
held that the interpretation of the Consumer Protection Act Regulations (‘CPO’)
must align with the overarching goal of the Right to Information Act, 2005
(‘RTI Act’) to enhance transparency and access to information.
The Bench of Justice Sanjeev
Narula, while relying on Central Information Commissioner v. High Court of
Gujarat (2020), has held, “The interpretation of the CPA Regulations must align
with the overarching goal of the RTI Act to enhance transparency and access to
information. In the Court’s opinion, the Regulation 21 which details the
processes for parties directly involved in cases to obtain certified copies
does not explicitly restrict third-party access. This absence of specific
prohibition should not be misconstrued as an implicit restriction but rather
recognized as a gap in the regulatory framework. This regulatory gap
necessitates the application of RTI Act for access to information. Since the
CPA Regulations do not provide for or explicitly restrict third-party access,
the RTI Act serves as the legislative bridge.”
Advocate Vidur Mohan for the
Petitioner while Advocate Gautam Narayan appeared for the Respondent.
The Petitioner- Central
Public Information Officer (‘CPIO’) of the National Consumer Disputes Redressal
Commission, filed a petition impugning the order of the Chief Information
Commissioner (‘CIC’) which allowed the appeal of the Respondent and directed
the Petitioner to provide detailed and specific information as sought in the
RTI application filed under the RTI Act.
Respondent sought, via RTI
Application, copies of a Consumer Complaint along with interlocutory
applications and the written statement filed in the case. The CPIO declined to
provide the requested documents based on Regulation 21 of the Consumer Protection
Regulations, 2005. According to the CPIO, only parties involved in the matter
were entitled to the documents, judgments, or orders related to the case. The
Respondent preferred an appeal before the CIC wherein he succeeded, hence the
present petition.
The case involved an
interplay between the RTI Act 2005 and the Consumer Protection Regulations,
2005 framed under Section 30A of the Consumer Protection Act. The core issue
was whether the regulatory framework under the Consumer Protection Act
adequately addresses the rights of third parties to access information.
The Court observed, “Thus,
this Court cannot interpret Regulations 21 and 22 obstructing a third party
from obtaining copies of documents on the judicial side. The procedural rules
of the Supreme Court which have been noticed and discussed in CIC v. High Court
of Gujarat, itself enable third parties to apply for copies in pending or
disposed of matters on showing ‘good cause’. Thus, Regulation 21 does not apply
to third parties and there is a regulatory gap as the CPA Regulations are
silent on this aspect. Hence, Mr. A.K. Jain could in the opinion of the Court,
resort to the provisions of the RTI Act. He had every right to the seek
information under the RTI Act, subject to limitations prescribed under the Act
since the information could not have accessed through the mechanism provided
under the Regulations.”
However, the Court said that
the Respondent’s status did not inherently entitle him to access or obtain
certified copies of documents from NCDRC proceedings. His right to access is
contingent upon the regulatory framework under the CPA Regulations because of
the void and under the RTI Act which fills the regulatory gaps. The Court
further said that to maintain confidentiality and to manage the potential for
overwhelming and inappropriate requests that may inundate NCDRC if complete
free unrestricted access is given to third parties, it is prudent for this
Court to mandate that any third party, submit a detailed application or
affidavit when requesting information or certified copies showing good cause to
receive such material.
Therefore, the Court
remanded the matter back to the Central Public Information Officer (CPIO) of
the NCDRC. The CPIO was directed to reassess the Respondent’s request upon
receipt of his affidavit, balancing the need for transparency with the privacy
rights of the individuals involved. The decision to disclose or withhold
information should be made judiciously, considering the stipulations of Section
8 of the RTI Act, which outlines specific grounds for non-disclosure, the Court
added.
Accordingly, the Court
disposed of the petition.
Cause Title: The Central
Public Information Officer v. AK Jain (Neutral Citation: 2024:DHC:6036)
(Click here to Download theJudgment)
Hindustan Times: Chandigarh: Saturday, 24 August
2024.
Central Information
Commission slaps notice on the plea of an NGO that had sought information
regarding a tabletop behind Neelam Cinema in Sector 17
The Central Information
Commission, New Delhi, has issued a show-cause notice to the public information
officers of the Chandigarh engineering department for not providing information
sought under the RTI Act.
Harman Singh Sidhu,
president, NGO ArriveSAFE, had filed an application under the RTI Act on
February 3, 2023, asking for copies of the “architectural plan and technical
specifications” in the request for proposal/tender document of the 180-metre
tabletop behind Neelam Cinema in Sector 17.
After no response from the
public information officers (PIO), the appellant filed the first appeal on
March 10, 2023. It was heard on April 18, 2023, where a PIO stated that the
requested information was with the consultant.
The First Appellate
Authority (FAA) directed him to supply the documents as and when received from
the consultant.
Feeling aggrieved with
non-compliance of FAA’s order, the appellant approached the commission with the
second appeal on June 15, 2023.
The appellant pleaded that
FAA’s order had not been complied with by the respondent till date, and sought
imposition of penalty on the erring PIO for such faults.
The commission, after
adverting to the facts and circumstances of the case, observed that the core
contention raised by the appellant was non-compliance of FAA’s order. Further,
there is nothing on record filed by the respondent to clarify as to whether FAA’s
order has been complied with or not.
The PIOs have neither made
any efforts to comply with the FAA’s order even upon receipt of hearing notice.
Besides, the PIOs did not appear before the commission despite hearing notice
having been served to them.
“This shows that the PIOs
did not have any regard for the RTI Act as well as the commission. In view of
the above, the then PIO, and the present PIO are show caused as to why maximum
penalty under Section 20 (1) of the RTI Act should not be imposed against each
of them for not providing the information and not appearing before the
Commission despite notice,” stated the commission.
The commission further
directed the respondent (present PIO) to comply with the FAA’s order and
provide a revised updated point-wise information to the appellant as per the
provisions of the RTI Act within four weeks.
In September 2022, the UT
administration had started constructing a 180-metre-long tabletop pathway on
the road behind Neelam Cinema in Sector 17 for the convenience of pedestrians.
Sidhu said, “It is
unimaginable that the Chandigarh administration is clueless about the details
of construction activities being undertaken in the heart of the City
Beautiful.”
He also claimed that the
project had been shoddily executed. “It is inaccessible for the physically
disabled, shakes cyclists and two-wheeler riders to the bone, and is in
violation of standards of Harmonised Guidelines and Standards for Universal
Accessibility in India, 2021, ministry of housing and urban affairs, and para
41 of the Rights of Persons with Disabilities Act, 2016,” he added.
Live Law: Delhi: Friday, 23 August
2024.
The
Delhi High Court observed that the absence of explicit prohibition on third
parties from accessing information related to proceedings under the Consumer
Protection Regulations, 2005 as a gap in the regulatory framework and this the
Regulations should be interpreted in line with the RTI Act's goal of enhancing
transparency.
It
further observed that third parties must provide detailed reasons while filing
RTI applications to obtain copies of orders and other documents related to
National Consumer Disputes Redressal Commission (NCDRC) proceedings.
Background
of case:
Justice
Sanjeev Narula was considering the challenge of Central Public Information
Officer (CPIO) of the National Consumer Disputes Redressal Commission
(petitioner) against the order of Chief Information Commissioner. The Chief
Information Commissioner had directed the CPIO to provide the information
sought by the respondent in his RTI application.
The
Respondent had requested for the copies of a Consumer Complaint along with
interlocutory applications and written statements filed in the case. CPIO
declined to provide information sought in the RTI application on the ground
that only parties involved in the case are entitled to the order and documents
pertaining to it.
In an
appeal, the First Appellate Authority dismissed the application of the
respondent. However on further appeal, CIC allowed the respondent's
application. CIC held that as Section 22 of the RTI Act has an overriding
effect on other laws, CPIO was under an obligation to provide information to
the respondent's RTI application.
The
petitioner-CPIO contended that Regulation 20 and 21 of the Consumer Protection Regulation,
2005 (CPA Regulations) prohibit third-parties from accessing information of documents
related to NCDRC proceedings.
Regulation
21 relates to providing certified copies to parties involved in the proceedings
and
Regulation
22 provides for inspection of the case records by the parties.
Consumer
Protection Regulations cannot be interpreted in restrictive manner
The
Court observed that Regulation 21 and 22 neither explicitly address the rights
of third parties not impose any specific prohibitions against access to
information by third parties. It remarked “The absence of a specific
prohibition in the CPA Regulations, regarding access to
NCDRC
records to third parties, should not be construed as an implicit prohibition.”
It noted
that the absence of prohibition of third parties from obtaining documents under
Regulation 21 should not be considered as a restriction, but instead as a gap
in the regulatory framework.
It was of the view that such gap “…necessitates the application of RTI Act for
access to information.” It thus stated that RTI Act serves as a 'legislative
bridge' since CPA Regulations do not explicitly prohibit third-party access.
If
Regulation 21 is interpreted as a prohibition on third-party access, it would
render the CPA Regulations in conflict with the RTI Act, the Court stated. It
remarked that CPA Regulations must be interpreted in a way that they align with
the “…overarching goal of the RTI Act to enhance transparency and access to
information.”
The
Court referred to Section 22 of the RTI Act. The non-obstante clause of Section
22 provides that the RTI Act prevails over other laws in case of
inconsistencies.
In view
of this, the Court stated that any restrictive interpretation of Regulation 21
CPA would undermine the overarching mandate of the RTI Act.
Balance
between right to information and confidentiality of judicial records
The
Court emphasised the necessity to safeguard the privacy of litigants. As NCDRC
handles sensitive and personal information of parties, it noted that there
should be balance between public access to information and the confidentiality
of judicial records.
It
stated that the respondent's status as a third-party does not inherently
entitle him to obtain copies from NCDRC proceedings. To strike a balance, it
noted that third parties must submit a detailed application showing good cause.
“To
maintain the confidentiality and to manage the potential for overwhelming and inappropriate
requests that may inundate NCDRC if a complete free unrestricted access is
given to third parties, it is prudent for this Court to mandate that any third
party…submit a detailed application or affidavit when requesting information or
certified copies showing good cause to receive such material.”
It
remanded the matter back to the CPIO to assess the respondent's request. It
directed the CPIO to assess the RTI application while balancing the need for
transparency with the protection of individual privacy.
(ClickHere To Download Order)
Ziraat Times: Budgam: Friday, 23 August
2024.
In a
community-driven step towards enhancing healthcare services in Magam, an RTI
appeal hearing was held today, bringing to light significant challenges and
operational inefficiencies in Kashmir’s
medical facilities. The hearing, which began at 2:00 PM, was held at the
office of the Chief Medical Officer (CMO) Budgam, following an RTI application
filed on November 13, 2024, by Irfan Banka, Chairman of the J&K RTI
Foundation. Banka was accompanied by social activist Karar Reshi and photojournalist Ishfaq Majeed.
The
two-hour session was presided over by Dr. Mohammad Ayoub, CMO Budgam, acting in
his capacity as the First Appellate Authority (FAA). The hearing opened with a
discussion on the failure of former Block Medical Officers (BMOs) of Magam, Dr.
Tahir Sajjad and Dr. Mukhtar Ahmad Malla, to respond to the original RTI
application. However, the hearing also spotlighted the proactive approach taken
by the newly appointed BMO, Dr. Mir Mushtaq, who has already begun addressing
the concerns raised, a Foundation spokesperson said.
The
hearing addressed a range of critical healthcare issues affecting the Magam
area. Key topics included the non-availability of essential medicines and the
lack of public awareness regarding the Janaushadhi scheme, the acute shortage
of gynecologists, and the misleading categorization of the Primary Health
Center (PHC) Magam as a Sub-District Hospital (SDH). The discussion also
highlighted troubling practices such as unqualified individuals performing
medical procedures at Magam Hospital and staff members neglecting their duties.
In
addition to these issues, the staffing situation at Magam Hospital was
thoroughly examined. Concerns were raised about the current deployment of
security guards and sweepers, with questions about their roles and
responsibilities. In response, Dr. Ayoub assured the attendees that the list of
existing security guards and sweepers would be shared with Comtech, the agency
responsible for providing manpower, to ensure proper staffing and
accountability.
The
hearing also addressed the specific information requests made in the RTI
application, which had previously gone unanswered, leading to the appeal. Dr.
Ayoub committed to issuing the necessary directives soon, in line with the RTI
Act 2005, to ensure transparency and accountability.
Looking
forward, a follow-up meeting with BMO Magam is scheduled in the coming days to
further address the operational challenges at Magam Hospital and implement the
necessary reforms. Additionally, issues that fall outside the jurisdiction of
local officials will be escalated to the Chief Secretary, following a thorough
investigation and data collection from hospitals across the district, the
spokesperson said.
After
the hearing, Irfan Banka urged the public to actively participate in improving
healthcare services in Kashmir. “Healthcare improvement requires collective
effort. I appeal to everyone to contribute in any way possible to ensure that
our hospitals can deliver the essential care and services our communities
need,” Banka said.
Roy exemplifies how personal
activism can bring systemic change, making her memoir a vital contribution to
understanding and addressing social inequities.
The Personal is Political:
An Activist’s Memoir is not just a recounting of her life and work; it is a
manifesto for change. Her memoir stands as both a historical document and a
guide for those seeking to understand and challenge the systemic inequalities
that persist in our world. Her journey from an IAS officer to a grassroots
activist illustrates the transformative power of empathy and commitment. Roy’s
insights into gender, labour, friendship, organised resistance and social
justice challenge us to rethink our perceptions and engage more deeply with the
world around us. Her memoir is a crucial read for anyone interested in
understanding the complex interplay of personal experiences and political
activism. Roy’s legacy, captured in these pages, will continue to inspire and
mobilise future generations towards a more equitable and just society.
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