Madabhushi-Sridhar - THE HANS INDIA

Author : Madabhushi Sridhar


CIC orders NCW to pay compensation, penalty

CIC orders NCW to pay compensation, penalty

Oct 31,2017 , 02:19 AM IST | Opinion
Denial of information to the alleged victim of sexual harassment is a serious violation of her rights. Under RTI Act, it can lead to imposition of penalty, as done in the case of a woman research associate who complained of sexual abuse. She was not even given information.
Scam info can’t be denied in name of right to privacy

Scam info can’t be denied in name of right to privacy

Oct 17,2017 , 02:12 AM IST | Opinion
This case reveals how iron curtains around information about corruption of public servants in public authority, under ‘privacy’ clause, are flourishing under the RTI regime. It is just one of millions of cases where the corruption-related information is denied by misinterpreting the privacy clause in RTI Act. If a postal officer commits fraud and the affected party asks for information, can that b
Legality of mind invasion

Legality of mind invasion

Oct 10,2017 , 03:37 AM IST | Opinion
Dhananjay wanted information about ‘expert opinion’ regarding a letter dated 23.5.2016, who the expert (psychiatrist or neurophysiologist) was, his education qualification, name of post held, department etc on a representation. The CPIO denied the information under section 8 (1) (j) of RTI Act and First Appellate Authority has confirmed it.
Justice Jeevan Reddy’s complete privacy law

Justice Jeevan Reddy’s complete privacy law

Oct 03,2017 , 01:50 AM IST | Hans
In 1994 itself, Justice BP Jeevan Reddy gave complete law on privacy in relation with freedom of press and defamation in his famous judgment in R Rajagopal v State of Tamil Nadu. Facts of this case are interesting: Auto Shankar was tried for six murders, convicted and sentenced to death, which was confirmed by the Madras High Court and his appeal to Supreme Court was dismissed in 1994.
Justice Choudary said it 34 yrs ago

Justice Choudary said it 34 yrs ago

Sep 25,2017 , 10:40 PM IST | Hans
Privacy is fundamental right. Justice P A Choudary of AP High Court said it 34 years ago. Nine judges of Supreme Court said it on August 24, 2017. Film star Sareetha while studying in a high school, aged about sixteen-years and staying with her parents at Madras, was alleged to have been married to Venkata Subbaiah.
PP Rao: Great defender of Constitution

PP Rao: Great defender of Constitution

Sep 19,2017 , 02:47 AM IST | Hans
Senior advocate of the Supreme Court, P P (Parameshwar) Rao, defended the living document of our nation, i.e., the Constitution of India. Owing to his argumentative skills and interpretative creativity, Indians won two very important cases: 1. Securing the secular character of the nation; and 2. Giving all important right of voters to information about criminal, educational and economic backgroun
Plight of domestic workers

Plight of domestic workers

Sep 12,2017 , 03:43 AM IST | Hans
One RTI applicant, Vandana, asked for information on the number of construction workers, domestic workers and women workers in the country, who have received maternity benefits in the last five years; what percentage of female workers are engaged in the unorganised sector; how are the proposed amendments of the maternity benefits act likely to cover women working in the unorganised sector; status
Privacy right can’t eclipse RTI 

Privacy right can’t eclipse RTI 

Sep 05,2017 , 01:22 AM IST | Hans
The people now can challenge the state, which holds or owns or collects huge data of personal information about citizens, for selective disclosure or misuse of their data. In any dishonest and non-accountable administration, the privacy of citizen becomes highly vulnerable. One more ‘asthra’ was added to armory of common man under Articles 32 or 226. State has a duty to make a comprehensive law o
Govt fights its whistle blower

Govt fights its whistle blower

Aug 29,2017 , 02:46 AM IST | Hans
A whistle blower IFS officer Sanjiv Chaturvedi sought a copy of the IB (Intelligence Bureau) report clearing his name in some false cases foisted by corrupt netas, whose corruption he exposed. The IB objected to the Ministry of Environment sharing that report, contending that it was exempted under Section 24 of the RTI Act.
Voter has right to question legislators

Voter has right to question legislators

Aug 22,2017 , 01:52 AM IST | Hans
A voter Vishnu Dev Bhandari asked for the progress of the works undertaken in Khatauna block of Madhubani district, Bihar, and under RTI he was asking for the action taken report. The CPIO and First Appellate Authority did not bother to respond. If not the voter who would ask the representative or agency that executes the works for which representative has allocated funds?
Exempted firms can’t deny RTI

Exempted firms can’t deny RTI

Aug 08,2017 , 05:38 AM IST | Hans
An appellant sought information relating to implementation of an order relating to his pay-scale and arrears for a couple of years. The CPIO refused under Section 24(1), Second Schedule to the Right to Information Act, 2005, claiming that National Technical Research Organisation (NTRO) is exempted from obligations under RTI Act and they need not provide any such information. Initially, the Commiss
No protection for women at NCW

No protection for women at NCW

Aug 01,2017 , 05:22 AM IST | Hans
The CIC has given half a dozen orders holding that any information about action on sexual harassment complaints should be considered as concerning the life and liberty of the woman concerned, and as per RTI Act, it has to be furnished within 48 hours. 
Jail for Aam aadmi, bail for Super Star

Jail for Aam aadmi, bail for Super Star

Jul 25,2017 , 03:51 AM IST | Hans
One is a celebrity and the other an unknown common man. Both are convicted and jailed. Common man suffers 14 days of extra-detention and celebrity is released 8 months in advance. 
Updating land records vital

Updating land records vital

Jul 18,2017 , 03:48 AM IST | Hans
During a survey, one officer asked a farm-woman: “What’s your problem, you have land and possession with farming for decades, why do you need a piece of paper?” She said: “Sir, if you have knowledge, isn’t that enough? Why are you asking for a degree?” 
Ramanuja: Father of RTI, 1000 yrs ago

Ramanuja: Father of RTI, 1000 yrs ago

Jul 10,2017 , 10:35 PM IST | Hans
Thousand years ago one person broke the laws of secrecy and revealed sacred mantras from top of the Gopuram to all, rebelled against caste-based hierarchical anarchy and respected non-Brahmin personalities as Gurus and Shishyas, and opened the doors  of temples for dalits and tribals. 
Legal challenges to Presidential election

Legal challenges to Presidential election

Jul 04,2017 , 03:23 AM IST | Hans
The Presidential election can also be challenged before the courts. As per the law, the challenge should be decided only by the Supreme Court, by constituting a five member bench. Almost all elections were before the Supreme Court.  The President is required to make and subscribe in the presence of the Chief Justice of India (or in his absence, the senior-most Judge of the Supreme Court), an oath
Why secrecy about note ban impact?

Why secrecy about note ban impact?

Jun 27,2017 , 04:22 AM IST | Hans
A citizen Ramswaroop sought to know under RTI: a) how many persons exchanged old notes for new notes at Pinto Park post office and also at 3 Wing Branch of post office in Air Force area in New Delhi during the period 08.11.2016 to 25.11.2016 after demonetisation; b) total amount of new currency issued for the period 08.11.2016 to 01.12.2016 from both the post offices;
When Art 21 is reduced to nullity

When Art 21 is reduced to nullity

Jun 20,2017 , 04:36 AM IST | Hans
The Constitution of India in Article 21 guaranteed right to life and personal liberty. The Supreme Court said if the government caused wrongful detention it is liable to pay compensation to that citizen. But the government has no such policy. 
ESIC lets its patients get robbed

ESIC lets its patients get robbed

Jun 06,2017 , 03:14 AM IST | Hans
A vigilant citizen Pawan Saraswat has raised serious issues regarding inflated price of implantations for various patients whom ESIC referred to the empanelled private hospitals. He wanted information about the price of implantation of cardiac devices used by private hospitals in the patients sent by ESIC Health Centres, along with amount charged in individual cases. It was transferred to Director
Collegium opaque and dictatorial

Collegium opaque and dictatorial

May 30,2017 , 02:50 AM IST | Hans
While Justice Madan B Lokur opposed total transparency in National Judicial Appointments Commission (NJAC), Justice Chalemeshwar pointed out how absolute opaqueness accommodated lobbying. Justice Kurien explained how collegium was completely dictatorial. Madan Lokur said that there can be no doubt that the Government of India is a major litigant and for a Cabinet Minister to be participating (and
Accountability begins with transparency

Accountability begins with transparency

May 16,2017 , 03:07 AM IST | Opinion
A judge is an angel who should not be made accountable to anybody except to himself, but when the self-discipline is eroded and judicial officer becomes a threat to the judicial system, he ceases to be an angel and ought not escape accountability. Accountability of judiciary is as important as accountability of the executive or legislature
Where to complain against Judges?

Where to complain against Judges?

May 09,2017 , 02:47 AM IST | Opinion
Where to file complaints against Judges, and what will happen to them? This question was discussed when Subhash Chandra Agrawal, the appellant, holder of Guinness World Record in publishing the highest number of “Letters to the Editor” on socio-political issues, filed a request (1) “take action against judges suspect of moral deviance: V R Krishna Iyer (ET 16.7.2013), news report from Jagran dated
Sexual harassment at workplace

Sexual harassment at workplace

May 02,2017 , 04:06 AM IST | Opinion
A woman scientist alleged sexual harassment by a senior scientist in CSIR, and filed RTI application, seeking copy of the Fact Finding Committee (FFC) report of an Internal Complaints Committee (ICC), and action taken on it, etc. The CPIO pleaded that it was only a preliminary report, and the Chief Vigilance Officer directed that a copy of this report be not furnished until the final report is sub
Losing records a serious crime

Losing records a serious crime

Apr 25,2017 , 03:53 AM IST | Opinion
The department concerned must necessarily fix the responsibility for the loss of the record and take appropriate departmental action against the officers/officials responsible for loss of the record. Registering an FIR in the cases of missing files will be an empty formality. 
Don’t compel to file fresh RTI

Don’t compel to file fresh RTI

Apr 18,2017 , 04:03 AM IST | Opinion
Labour Union leader Rathod filed an RTI application, seeking information about amount payable by establishment, date of implementation for deduction of PF, FPF and other payable amounts, amount credited in accounts of individual workers, date from which interest credited up to withdrawal, procedure withdrawals etc. 
RTI exposes a mini-Vyapam scam

RTI exposes a mini-Vyapam scam

Apr 11,2017 , 03:32 AM IST | Opinion
The very purpose of the RTI Act is to empower a citizen to question the inaction in the form of seeking information. It is clear from his applications and representations that something is seriously wrong and a kind of mini “Vyapam” scandal might have happened in the public authority. The Commission is surprised to know that no action was initiated to probe this Munnabhai filmy type of impersonati
Freedom fighters or army deserters?

Freedom fighters or army deserters?

Apr 04,2017 , 03:38 AM IST | Opinion
The Central Information Commission felt that the Ministry of Home Affairs (MHA) is under an obligation to explain the logic or reason in neglecting the members of INA led by Netaji Subhash Chandra Bose and rejecting them the status of freedom fighters. The Commission directed the office of MHA to provide answers
Missing files is a serious issue

Missing files is a serious issue

Mar 28,2017 , 04:19 AM IST | Opinion
Missing file’ is a more serious problem than ‘missing funds.’ Misappropriation of public funds is a crime and the investigation will necessarily take place. It is surely a crime for which a system is in place to pursue the consequences up to prosecution. 
False info fatal to elected leaders

False info fatal to elected leaders

Mar 21,2017 , 03:34 AM IST | Opinion
A division bench of Supreme Court rendered a landmark judgment in 2016, holding that legislators would lose their membership if their educational claims proved false. The leaders should remember that though educational qualifications were not needed for contesting an election, they have a duty not to falsely claim the degrees.
Throw light on plot to kill Gandhi

Throw light on plot to kill Gandhi

Mar 14,2017 , 04:38 AM IST | Opinion
RTI requests regarding information about prosecution and punishment of accused in assassination of Gandhi have raised various points: