CIC directs Delhi Women Commission to disclose rape records

New Delhi: Amid outrage over the interview of a December 16 gang-rape convict, CIC on Wednesday directed the Delhi Commission of Women to make public records of rapes committed in the national capital with stern conditions to ensure that identities of victims are not disclosed.

"The Commission observes that the records relating to rape victims cannot be totally blocked from sharing for research purposes on the ground of personal information under Section 8(1)(j) of the RTI Act.

"When it is possible to separate information that can be given from that cannot be given, the PIO has to invoke doctrine of severability to facilitate the information," Information Commissioner Sridhar Acharyulu said.

The case relates to Baladevan Rangaraju who claimed that he wanted information on rape victims for research purpose and personally requested the Secretary of the Department, who after knowing the purpose, refused to furnish the records.

Rangaraju said information sought by him had to be maintained by the Department according to Delhi Commission for Women Act, 1994.

The Commission expressed concern over the issue of the protection of privacy of the rape victims and contended that it was not possible to separate the names of the victims from various documents including medico-legal case reports.

"Facilitate inspection of the records to the authorised female representative of the appellant with an assurance that they shall not bring any electronic device like video records, mobile, camera etc, block out the names and personal details of the victim and accused by whitener on the photostat copies," Sridhar said setting stern guidelines for disclosure of sensitive information.

He said each paper shall be verified by the officials of Delhi Women Commission to ensure that nowhere victims' names and private details are revealed before certifying.

"The appellant is directed to enter a non-disclosure agreement with an undertaking that he/his representative will not reveal information about the personal details of the victims and the accused and that they shall be responsible for any such revelation through the documents shared," he said.

Acharyulu warned that any such disclosure would not only result in the breach of undertaking but also an offence under the Indian Penal Code.

"It shall be responsibility of the respondent authority to secure records, and the appellant shall share the copy of the research report with the Women's Commission and this Commission," the Commissioner said in his order.

Read full judgment here

CENTRAL INFORMATION COMMISSION

Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)

Information Commissioner

CIC/SA/A/2014/001250

Mr Baladevan Rangaraju v. PIO, Delhi Commission for Women, GNCTD

Print Page

Bombay HC: High court has not entertained grievance against wrong procedure adopted by Women's commission

 The discipline of quasi judicial and special forums requires that any grievance as to what has transpired during the process of hearing before any Committee or Commission adjudicating in quasi judicial or like manner, ought to be agitated before the same authority. Moreover, petitioner has failed to prove as to how petitioner had kept the track of further proceedings beyond sheer statement on oath. No efforts were made to secure copies of record to rely. 32] We, therefore, deem it appropriate to decline to entertain any grievance in nature of present one, in exercise of Writ Petitions. More over, even if this Court directs the Women's Commission to re-examine the matter, petitioner has essentially to go before the same Commission. Therefore, appropriate course is not to permit the petitioner scandalize the prestige and the authority at the Women's Commission to leave the petitioner to choose her course of action.

Bombay High Court

Aparna D/O Krishnakumar Thete @ vs The State Of Maharashtra on 27 September, 2012

Bench: A. H. Joshi, S.V. Gangapurwala

citation;2012(1)MH L J 277

Print Page