Davinder Khurana Ferozpur(Punj (advocate) 15 February 2011

RTI

1) The wife of a person undergoing treatment for a psychiatric problem applies to the PIO of a government hospital, treating the patient, to give details of the treatment given, medicines prescribed etc. The PIO refuses to provide with the medical records citing that they contain personal information and, hence, are exempted under S. 8(1) of the RTI Act. Aggrieved by the decision of the PIO, the wife appeals to the FAA requesting to furnish the information as she thinks that there has been medical negligence / wrong diagnosis on the part of the hospital. The PIO consults the Chief Doctor who says that the information need not be given..

My Questions 1. (a) Should the Appellate Authority notify the husband before taking a decision? Justify your answer in the context of stipulations of the `RTI Act, 2005`.

2. (b) Should the Appellate Authority find the reason for asking information in such cases? What does the `RTI Act, 2005` say about this?

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Sub section (1) of Section 8 is with clause (a) to (j). Under which clause of 8 (1) PIO has denied?

The information soght is fully justified. It is concerns the life and librty of a person so it should be provided within 48 hours (provided under section 6) since the patient has to consult another specialist where the previous records is needed. So refer this in the appeal.

Here in Maharashtra, a Minister was sent for one month jail but he complained chest pain so he was kept in Hspital entire period of imprisonment. One citizen sought his medical records which was denied by PIO and first appellate authoriy. On secnd appeal before State Inormation Commissioner it was held that the medical treatment was provided from public money so it is the rights of the citizens to have the information and all the records were given to the applicant.