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Anwar   18 November 2020

Information through rti

Dear Experts,

Approximately 4 years back, after some heated arguments with me my wife said she took overdose of BP tablets to commit suicide. Immediately she was taken to private hospital found by the doctor that she is lying and we came back home. After few hours her brother came to my home and took her with him a full day there was no information of her. Next day she came back home and later found by me she went and admitted at government hospital also flew from there where i saw the record as patient absconded.
Now i seek those details of treatment to help me in my court cases through RTI act is denied by the PIO stating reason  " As per Government letter no. : 58841/E1/2005-05  Department of Health and Family Welfare Dated:02.02.2000, No personal medical documents shall be provided if the period of treatment exceeds three years ". 
Please advice to get the document through appeal.



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     19 November 2020

The denial is unlawful and illegal.  RTI Act being a statute overrules all such internal rules and regulations. The RTI Act states that a PIO can either provide or deny information under Sec.8 or Sec.9.   If the records are available those must be provided.  Go for First Appeal, and even FAA toes in line with PIO as per rules and regulations.  Seek your advocate and issue them summons for presenting those original records before court.  (In India there are many ways to get copies and once copies are available, certification is not a problem)

P. Venu (Advocate)     19 November 2020

Yes, information under RTI Act cannot be denied on the ground "No personal medical documents shall be provided if the period of treatment exceeds three years:"

 

G.L.N. Prasad (Retired employee.)     19 November 2020

But, a smart PIO can deny information stating sec. 8 (1) (j) as medical condition is personal information that can not be invaded.  If an attempt to commit suicide and false allegation  also amount to offenses where one can establish larger public interest and use likely arrest on false charges under Life or Liberty clause.

Dr. J C Vashista (Advocate and Legal Consultant)     20 November 2020

Move an appeal under section 19 of the Right to Information Act, 2005

P. Venu (Advocate)     20 November 2020

Yes, move an appeal. Now that the PIO has taken a stand, he is estopped from adopting a different stand.


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