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  1. I am attaching CIC decision dated 28-06-2017 treating pension payment to be under life and liberty clause. PENSION 48 HOURS 280617.pdf
  2. CIC has ruled that information regarding pension of the applicant is a matter related to "life or liberty" and should be responded to within 48 hours. http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2013_001589-SA_M_140143.pdf Summary: When a woman below poverty line was surviving on pension from social welfare department, nonpayment of pension would cause a serious problem of living, the RTI request about nonpayment of pension is information about ’life and liberty’ of appellant and the respondent authority should have responded to within 48 hours. The stand taken by the respondent authority that the pension is stopped as there was no bank account is unreasonable and not acceptable. Going by reasonability, common sense and legal duty, the respondent authority would have continued paying pension to the appellant through the Post Office Account, till she got the account opened in the bank. CIC ordered payment of dues of pension Rs 43,500 with simple interest from due date to date of restoration and Rs 5000 as compensation. The public authority has to put in place a mechanism of not stopping the pension till the communication is reached the pensioners and respond to their general enquiries and RTI question very promptly without any delay, maximum in 48 hours from the date of receipt of request.
  3. 1. What are the rules under life and liberty? 2. If any pio did not provide information within 48 hours then what to do? 3. Can any applicant complain to state information commission? 4. What is the procedure for it?
  4. The Patient has a right to detailed medical records and Hospital Authorities have a duty to provide the same under Right to Information Act, 2005, Consumer Protection Act, 1986, the Medical Council Act and world medical ethics. The Central Information Commission recommended Public Authority of Hospital to develop a time frame mechanism of disclosure of medical records to patients or their relatives with safeguards for privacy and confidentiality of the patient. Extending principle derived from Articles 21 and 19 of our Constitution, a consumer of medical services too has a right to know what treatment was given to him/her, what were the reports of diagnostic tests, what were the opinions expressed by doctors or specialists, why he/she was kept in hospital etc. Consumer’s right to information extends both to the products and services, including medical service. Right to detailed medical records The Medical Council of India has imposed an obligation on Hospitals as per the regulations notified on 11th March 2002, amended up to December 2010 to maintain the medical record and provide patient access to it. 1.3.2. If any request is made for medical records either by the patients/authorised attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours. Hon’ble Kerala High Court recognizing the above principle in Rajappan Vs. Sree Chitra Tirunal Institute for Medical Science and Technology [iLR2004(2)Kerala150] had observed that It is also to be noticed that Regulations do not provide any immunity for any medical record to be retained by any medical practitioner of the hospital from being given to the patient. On the other hand it is expressly provided that a patient should be given medical records in Appendix 3 with supporting documents. Therefore in the absence of any immunity either under the Regulations or under any other law, the respondent­ Hospital is bound to give photocopies of the entire documents of the patient. There should be absolute transparency with regard to the treatment of a patient and a patient or victim's relative is entitled to get copies of medical records. After making a detailed examination, Central Information Commission holds that the patient has a right to detailed medical records about treatment under Section 3 of the RTI Act and also under Consumer Protection Act, 1986. Is it “life and liberty” issue? The Commission holds that information regarding medical records especially when patient is disputing her stay and treatment is concerning life and liberty of the appellant. Whether claim of Sec 8 (1)(h) exception valid? It is mandatory for the public authority to show that the disclosure of the information would in fact, impede the process of investigation. During the hearing at CIC, neither the PIO nor the Appellate Authority tried to substantiate points as to how the disclosure of her own medical record would hamper the process of investigation. They did not even attempt to explain what the charge against her was and what investigation was pending. An empty claim of exception under section 8(1)(h) cannot entitle the authority to refuse the information for which the appellant has right both under Right to Information Act, 2005 and Consumer Protection Act 1986. In view of the above, this Commission did not accept the contention of the respondent authority that the information sought by the appellant was exempt under section 8(1)(h) of the RTI Act as this is with reference to the appellant’s life and liberty, who was kept in detention by the respondent/institute and she has every right to have the information about the treatment meted out to her during her detention in the respondent/institute. It is not third party information. More so, the respondent/institute cannot invoke the ground of exemption under section 8(1)(h), as there is no evidence to show that any inquiry pending against the appellant. The Public Authority being an Institute/hospital has a legal responsibility to share the information about her treatment and medical check up etc. The Commission was of the view that the patient’s right to obtain his medical record is not only protected under RTI Act, but also under the regulation of Indian Medical Council, which is based on world medical ethics, and also as a ‘consumer’ under Consumer Protection Act, 1986 as explained above. It is the duty of the doctor/Hospital to develop a mechanism whereby the copy of patients medical record from his joining to his discharge be provided to him or his legal representative even without him asking as a matter of routine procedure at the time of discharge as directed by Bombay High Court in above referred case. The Commission exercising its powers under Section 25(5) of RTI Act, recommended the Public Authority IHBAS to develop a mechanism for disclosure of medical records to patients or his relatives in a time frame with proper protection to confidentiality and privacy as ordained by RTI Act, preferably in the lines of judgment of Bombay High Court. The Commission recommends that when a patient or his near relative demands from the Hospital or the doctor the copies of the case papers, it is necessary for the Hospital authorities and the doctors concerned to furnish copies of such case papers to the patient or his near relative. The case citation can be read here: Ms.Nisha Priya Bhatia Vs. Institute of HB&AS, GNCTD, File No.CIC/AD/A/2013/001681­SA dated 23­-07­-2014 You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  5. After his son not getting good marks in the MBBS exam, father filed RTI to obtain copy of question paper and answer keys and disclosure of marks from the University. RTI Applicant stated that supply of the documents after completion of the admission process would be embarrassing, humiliating and prejudice to the life and liberty of his son, therefore if he is given a speedy access to the said documents, then his ranking is likely to move­ up. However, Central Information Commission did not agree to this and recorded that "Complainant has failed to prove how the non­ disclosure of information affects the life and liberty of his son. (If you want to file RTI Online, do read our guide on how to file RTI online here) His son getting poor marks and his son’s belief in having done well in Botany and Zoology is not good enough to invoke the ‘life and liberty’ clause. It is not proper and correct to treat every application for disclosure of marks sheet or key etc, as life and liberty related application. Hence that plea was rejected by CIC. Urgency Clause On the issue of urgency clause, CIC stated that if the disclosure as sought reveals increase in marks of appellant’s son, and admissions get closed, he might lose one year which could be irreparable. This is the only ground on which the urgency plea could be accepted and priority in hearing could be granted. But, because the appellant sought compensation of Rs 5 lac and penalty be imposed on the public authority, CIC observed that there is no justification for hearing it on priority. Immediate imposition of penalty The Commission further observed that if complainant wanted to treat this complaint as complaint only, there is no need for urgent hearing because, heavens do not fall if there is no immediate imposition of penalty and grant of compensation which can wait for the other side to present their case. Thus CIC finds that there is no urgency in the complaint and directs the matter to be listed for hearing as per its turn. Statutory rules prescribed by any Public Authority do not get overridden by the provisions of the RTI Act The RTI application also raised the following issue before the commission "Whether the University or for that matter any Public Authority has to supply the documents as per the fees prescribed under the RTI Act when the Complainant/Appellant seeks information under RTI Act or according to the fees prescribed by the Public Authority." In case Sh. Deepak Agnihotri Vs. State Bank of India F. no. CIC/SM/A/2009/001883­AT, by the Information Commissioner Shri A.N. Tiwari: In my understanding it would be entirely fallacious to hold that because of the presence of the RTI Act and the Rules , public authorities are completely barred from fixing the charges at which they would try to sell or disclose information. RTI Act enjoins that Public Authority could progressively bring more and more information into the public domain and authorize their disclosure. RTI Act, does not , at any place, say that such public authorities would be barred from placing any fee or price or a charge on the disclosure of the information brought by them into the public domain. In Registrar of Companies & Ors. versus Dharmendra Kumar Garg & Ors. in WP © No. 11271/2009, Hon’ble Mr. Justice Vipin Sanghi of the Delhi High Court discussed in his decision dated 01.06.2012 as follows: The said rules being statutory in nature and specific in their application, do not get overridden by the rules framed under the RTI Act with regard to prescription of fee for supply of information, which is general in nature, and apply to all kinds of applications made under the RTI Act to seek information. Therefore, commission decided that the statutory rules prescribed by any Public Authority do not get overridden by the provisions of the RTI Act and accordingly dismisses the instant Appeal while upholding the CPIO and AA’s decision. The Appellant was advised to pay the charges laid down for verification of details of PNR and obtain the information which may be provided by the PIO. Citation: CIC/SA/C/2014/000268 dated 07.07.2014 Dr. Jeet Singh Mann Vs Guru Gobind Singh Indraprastha University You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website or from here!
  6. speedoheck has just uploaded RTI reply under Life and Liberty about current malaria epidemic in Tripura! This is the RTI reply received for an RTI application done through email with eIPO to National Vector Borne Disease Cont
  7. There is a malaria epidemic going on in Tripura. Can I ask the National Vector Borne Disease Control Programme(NVBDCP), New Delhi for the steps taken under "Life and Liberty" as it involves precious lives every day I want to ask questions like: 1. Case by case description of the unfortunate people who have died(newspapers say 40). What antimalarials they received? what are the guidelines for antimalarial prescription. name of the people involved in the prescription and treatment. What complications of malaria they had. why did they die(did they receive fake drugs, were they diagnosed in time, were the supply of drugs missing in government hospitals, was money allotted but expertise missing)what were the results of diagnostic tests. All these should ideally be updated on the website. I feel this is almost a global epidemic. 2.further steps taken, people trained, money allotted for this. They have the habit of passing the buck over to the state but this is an issue of national proportions. 3. I know this is a knee-jerk reaction but we must do this for all states. to know about steps taken to prevent against malaria. Please opine and please join me to put pressure.
  8. Hello Respected Members, I had filed a complaint with the Municipal Corporation of my city to remove an illegally built road block/pillar built on an 8 ft. road near my house by a taxi owner. After 15 days of filing of complaint, an employee of Municipal Corporation came and broke the cemented portion of the road block/pillar but left the iron rods fixed in a scattered and dangerous manner. The rods were swinging in air without any support. This could have resulted anytime in a fatal accident so I myself went to meet the Encroachment Officer of the Municipal Corporation and gave a written complaint of the same to him but they did not bother to take any action on the complaint. After 3 days, I filed an R.T.I. application with the Municipal Corporation under the "Life or Liberty" clause to get information on the action taken on my complaint mentioning clearly the grounds for filing the R.T.I. application and how the matter was related with life of persons but the S.P.I.O. of the Municipal Corporation rejected the request for providing information in 48 hours saying that this matter is not related to the "Life or Liberty" clause and that I should have given evidence and proved as to how the information was related to life of persons or as per him- "death". The iron rods are still fixed and swinging. Kindly guide as to what should be my plea in the First Appeal and is there any decision of an Information Commission on such/similar matter? Thanks and regards.
  9. sir i am doctor in safdarjung hospital as senior resident in ENT. My job is terminated suddenly without any previous information. I shouted to CPIO and appallete authority under life and liberty to give me cause of temination and inspection of my file.. but both have replied that the infomation asked by me does not pertains to life and liberty. therefor, CPIO office will send you the reply in normal course and duration i.e with in 30 days. my quiry is what is meaning of life or liberty. my condition is not suitable for leberty. if someone has terminated from his lob suddenly without any information if this condition is not under life and liberty? next to this condition is death of a person. thanking you dr rajeev kumar
  10. Dear Members, Kindly see the following ruling that says that the application under the life and liberty clause may be used for "ration card applications". The honorable IC has also ordered "compensation" in this case. A great example of the "collective" effort of rti and its application in daily life. CIC_AD_A_2012_003136_M_128532_ration card_life and liberty.pdf
  11. Reported by dnaindia.com on Jan 20, 2014 Info that proves innocence of an accused should be given: Central Information Commission - Mumbai - DNA Info that proves innocence of an accused should be given: Central Information Commission The Central Information Commission (CIC), in a recent order, has stated that if the information helps an accused prove his innocence, then his/her right to such an information is stronger. The CIC said such information should be given unless exempted under the RTI Act. Central information commissioner M Sridhar Acharyulu passed the order when Delhi-based applicant Lal Chand had sought some information from thedepartment of revenue. He was accused of not passing mutation rights on some property despite an order from another officer. It was alleged that he did so because a bribe was not paid to him and a case was filed against him. He was suspended, but reinstated in his job later. However, since the charges were not completely trashed, some benefits entitled to him were not given after his retirement. He then sought information under the RTI Act on the mutation of the land records and the inquiry. During the hearing, the commissioner observed that “if the information sought is considered to be capable of establishing innocence of an accused in a criminalcase, then that makes the right to such an information much stronger and the public authority has a duty to furnish such information to its former employee.”
  12. Hi All, I am having a question regarding Section 7 “Life or Liberty” of the RTI Act – 2005. Police has filed few false criminal cases against me. I have sent them a series of RTIs (to be exact 25 ) so far under "Life or Liberty" 15 days before . As per Section 7 “Life or Liberty” the expected turn around time is 48 hrs. which got elapsed long back and there is no response from Police. When I checked with Police they are saying that RTI applications are in English and they are finding hard to provide answers due to lack of English knowledge (I can't control myself from laughing here :) )..... Anyway, I want to check if I can go ahead and file first appeal and then second appeal to get a response now? Also since criminal cases are registered against me by a Police then can I file RTI under Section 7 “Life or Liberty” of the RTI Act – 2005 or I need to wait for 30 days of time frame as per normal RTI timeframe? Please suggest, Thanks, Dinesh
  13. To the Experts, Section 7 (1) of the Right to Information Act specifies a period of 30 days for the Public Information Officer (PIO) to provide the information, it also states “Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.” I have made various complaints to the MCGM Authorities of the H/W ward regarding an unauthorised covering with permanent fixture on a pocket terrace that is right outside my window in my building to get the same removed. Due to rubbish that gets accumulatedie. pigeon droppings , rain water retention, mosquitoe breeding etc, I am forced to leave my window closed. This in my opinion is a direct violation of my casement rights. Moreover, as the said pocket terrace is covered, the safety fire exit is automatically blocked. Should there be a fire, in my opinion, my life and liberty would be at stake. Would I be able to put an RTI application and quote Sec 7(1) concerning my life and liberty and stress for a 48 hour response ? Guidance and thoughts sought from the expert activists. Related judgements / GR's would help my case when I file a RTI appication. Look forward to responses. Thanks ALan
  14. Dear All, I am a student of VTU University in Karnataka (which has become famous for all kinds of scams and irregularities). I have applied for RTI application under the clause "Life or liberty" of the Act -- referring to my liberty as a citizen of India, to enjoy continuous education without hindrance from any third party. My issue is that one exam paper of mine has been evaluated for less marks. After that I applied for "Revaluation" (by paying Rs500) and subsequently for challenge Revaluation" (by paying Rs5000) ; both these options are available to all students under the university for all the exams. (Infact, the university make approx 3.5 cr every 6 months, ie, every semester, in this fashion). Even after opting for these two options, my marks have not been increased, even though i deserve more, and hence I have failed in the subject. Due to this I will be loosing one academic year (my liberty to education). Hence I have applied for an RTI, asking for details of the name, experience, qualification of the professors who have evaluated my paper. Also I have asked for the answer-key according to which the university has evaluated the paper.. In this case, would the application come under the "life or liberty" clause?? Please guide me accordingly, asap. Thanks in advance
  15. Dear Forum Members To file RTI in 48 hrs, should we mention any reason(why in 48 hrs) apart from the section, please enlighten us in this regard asap thanks
  16. In a PA designated PIO retired. No other is recruited / pomoted to that post by PA. RTI application filed under LIFE and LIBERTY to the designated officer disclosed on the basis of website. Now the designated post is vacant. In view of no reply, info is urgent, and by experience the FAA of that PA do not attend to appeals including L/L appeals. So under these circumstances suggestion sought from the members, whom to be held responsible and what is the best option left for the applicant.
  17. Dear learned members When a question of Life and liberty issue comes on hand, the PIO's are not taking seriously. They decide either to transfer the application or take full 30 days time to reply. The FAA's are also not deciding appeals, as seen here. Therefore when the matter is urgent is it advisable ?to send application to all PIO. If multiple applications are advisable, then (1). Multiple applications with single application fee(by attaching photocopy of IPO). OR (2). All applications with separate application fee be paid. Please post your valuble suggestion, your urgent reply is higly solicited. Regards
  18. Is it possile to file WP without CIC order on the ground of deemed refusal because u/s proviso to 7(1) the information seeker should be supplied within 48 hrs. If CIC itself takes so long time to decide the case, then there is no meaning in the time stupilated under the RTI Act. It is the duty of CIC to improve it is facilities and issue numbers on the same day and depending upon urgency as per the Act the matter must be disposed within reasonable time.
  19. what is the information concerning life and liberty of the person. If a person is falsely implicated in crimal case and facing trial can seek info under RTI act invoking proviso to Sec7(1) of RTI Act
  20. Dear All, I need information under RTI from my own case file and have filed an RTI application yesterday. This information would make all the difference for JUSTICE per se and my well being too. I have made a special application today and requested that it may please be given top most priority under "Life and liberty" clause. The cause espoused is well known to PIO. Unfortunately, court will be on vacation during the next 30 days. I need this information very urgently. RTI is an administrative function and several administrative personnel do not have vacation.. What will be the maximum time that PIO could take? Thank You, P. Suresh
  21. An application filed under life and liberty, for non payment of salary for several months, 48 hours lapsed. Applicant life is in trouble, information/documents not provided in 48 hours. Now the members are requested to give suggesstions on the following:- (1) Can the applicant seek the document free of cost as the time limit of 48 hours over? (2) Is there any decisions of SIC/CIC or orders of Hon'ble Highcourt or Supreme court decisions, if any known to the members be posted immediately. (3). Can the applicant make the complaint and seek immediate disposable of the complaint under s. 18(1).
  22. As reported at rediff.com/business on November 12, 2010 Disclosure of expenditure incurred on domestic and international tours of Railway Minister will endanger her life-- this was the argument cited by the ministry while denying information about the travels undertaken by her. Activist S C Agrawal had filed an RTI application seeking to know the travel expenses of Members of Parliament and ministers, which was transferred to Railway Ministry for giving details about domestic as well as international tours undertaken by their minister and two ministers of State. "The information sought by the applicant is not maintained in the format as desired by the applicant. The revelation of information relating to movement of high dignitaries could endanger their life and physical safety and exemption is sought under clause 8(g) of the RTI Act, 2005," Under Secretary Protocol Sudhir Kumar said in the reply. But at the same time, the ministry has provided file notings on the movement of RTI application, sought by the applicant, wherein the protocol officer has said Minister of State for Railways E Ahmed has taken one foreign visit. However, Agarwal said he will appeal against the decision. "How can information about tours undertaken in the past endanger lives of Ministers? It is beyond comprehension why Railway is not ready to share expenses of its minister and ministers of state," Agrawal said.
  23. Section 7 (1) on disposal of request, in its second paragraph, states that ‘provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request’. However, how to exercise the LIBERTY to seek information in 48 hours?
  24. jps50

    Expert opinion

    My friend and his family have been thrown out of his flat for an overdue of Rs12000/-since last 6 months by officers of a nationalised bank. He recently approached me, as the bank was not giving any papers and his papers of loan are locked by bank . I have helped him and his wife file 3 rti applications in Jan 08 first week. Reply is awaited. I desire to have expert opinion of our learned members on the applications as it is question of life and death of my friend and family, who are on road today. For the sake of secrecy, I am not putting them on website. Senior members may pl sms their name and email ID to me on 09924106490. I will email 3 applications to them. Thanks
  25. One widow asked LICI whether the investigation of the death claim of her husband done or not if done then when? As without investigation the death claim money will not be paid and the officer concern of LIC not doing the investigation. So money not disbursed from LIC. Is this comes under the heading of life and liberty where within 48 hours answer to be given. As 7 days gone still LIC not replying.
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