SC allows disclosure of evaluated answer-sheets to examinee under RTI

New Delhi, August 9, 2011: In a landmark judgement today, the Supreme Court allowed disclosure of the answer-sheets to the examinee, under Right to Information (RTI) Act.

The bench comprising Hon’ble Mr Justice RV Raveendran and Hon’ble Mr Justice AK Patnaik dismissed the petitions filed by different public authorities and affirmed the judgement of Hon’ble Calcutta High Court allowing the disclosure of answer-sheets. The case was filed by the Central Board of Secondary Education, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, University of Calcutta, Institute of Chartered Accountants of India, West Bengal Central School Service Commission and Assam Public Service Commission, challenging the common order and judgement dated 05/02/2009 passed by the division bench of the Calcutta High Court.

Human Rights Law Network (HRLN) has filed an intervention application on behalf of the applicants – Mazdoor Kisaan Shakti Sangathan (MKSS) and Join Operation for Social Help (JOSH) on 30.04.2010. Mr Divya Jyoti Jaipuriar, Advocate from HRLN argued the case successfully for MKSS and JOSH.
On 14.08.2007, one Mr Pritam Rooz had filed an application under Right to Information Act seeking for copies of his answer-sheets from the Calcutta University. The varsity informed him that as per university policy, the same cannot be disclosed. Rooz then approached the Calcutta High Court. In a detailed order dated 28.03.2008, Hon’ble Justice Mr Sanjib Banerjee allowed the petition filed by Pritam Rooz and directed the University of Calcutta to disclose the answer-sheets.

The order was challenged before the division bench of the Hon’ble Calcutta High Court by the University of Calcutta. The CBSE also approached the division bench of the Calcutta High Court against another order of the single bench of thesame court allowing disclosure of the answer-sheet. While dismissing the appeals filed by these institutions, the division bench of the Calcutta High Court vide its common order and judgement dated 05.02.2009 affirmed the decision of the single bench. Against the order dated 05.02.2009, these institutions approached the Supreme Court. Subsequently, various other institutions conducting examinations like Institute of Chartered Accountants in India, Assam Public Service Commission, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, West Bengal Central School Service Commission and Bihar Public Service Commission also joined in and opposed the disclosure of answer-sheets to the examiners.

It was contended by the Petitioners that the evaluated answer-sheets are not covered under the definition of the word “information”. Secondly, they argued that the evaluated answer-sheet is kept with the examination-conducting institutions under fiduciary capacity. It was also contended by these institutions that if the disclosure is allowed, the entire system will collapse.

However, Hon’ble Supreme Court dismissed all these contentions. The bench clarified that the evaluated answer-sheet is covered under the definition of “information”. It also clarified that it is the duty of the Public Authority to allow maximum disclosure as envisaged by the RTI Act.

Dealing with the issue of “fiduciary relationship”, the apex Court has explained the same in detail and held that the examination conducting bodies cannot retain the evaluated answer-sheets under any fiduciary capacity. Hence, the Court held that the exemption under section 8(1)(e) will not apply to the disclosure of answer-sheets.

The Court also dismissed the contention that the entire system will collapse once disclosure is allowed under the RTI Act. As a matter of fact, it was argued on behalf of the MKSS and JOSH that some universities allow disclosure of answer-sheets under the RTI Act and they do not face any difficulty in the process and their system has not “collapsed”.

As this judgement has dealt with various examination conducting bodies including the Public Service Commissions, universities, CBSE and other boards, professional bodies like ICAI, the directive will apply to every examination conducted by any institution in India.

For further details contact:
Mr Saurabh Shama, JOSH: +91-9811872752 ( saurabhinvincible@gmail.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it )
Ms Aheli Chowdhury, JOSH: +91-9811765959 ( aheli.chowdhury@gmail.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it )
Mr Divya Jyoti Jaipuriar, Adv., HRLN: +91-9868002365 ( litigation.delhi@hrln.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it )

Sr. Advocate Colin Gonsalves's speech at World Sikh Organisation of Canada

Watch Senior Advocate  Colin Gonsalves speak at the World Sikh Organisation of Canada on the situation of Human Rights in India.
See the full video here

Punjab High Court orders reinstatement of disabled as clerk

Chandigarh: The Punjab & Haryana High Court, on an intervention made by the lawyers of Human Rights Law Network, has ordered reinstatement of a physically disabled person as clerk in the local civil court.

The petitioner, Ritesh, was a physically challenged person who successfully competed to get appointed as a clerk by the learned District and Sessions Judge, Karnal against the post reserved for physically disabled persons.

Notwithstanding the fact that due to the nature of disability the petitioner could not write with his own hand and was provided assistance of a writer in the examination conducted for the selection of the subject posts, his services were terminated apparently due to his inability to perform the duties as a clerk.

The petitioner was  a post graduate in information technology with various additional distinguished qualifications, and was well conversant with the computer operations also.

The hon’ble high court on examining the case opined that there was  plenty of work to be done on computers in a Sessions Division like preparation of daily cause lists of all the courts, certified copies of the judgments/order etc, which could be conveniently assigned to a computer savvy person like Ritesh and ordered for his reinstatement and also for the PWD department to provide for a ramp and for the office to provide a congenial working atmosphere for the petitioner.

Read the full judgement here

Denial of rations to BPL people denial of Right to Food, Right to Life: Delhi HC

NEW DELHI: In another landmark interim order, Justice S Muralidhar of the Delhi High Court reinforced the need for increased delivery and oversight of life-saving food and maternal health entitlements to the vulnerable populations in the Nation’s Capital.  The petition, Premlata w/o Ram Sagar & Ors. v. Govt. of NCT Delhi, W.P. Civ. 7687/2010, involves six destitute pregnant and lactating women who reside in Nangloi, a western slum of Delhi, and have been denied food rations and reproductive and child health benefits since at least August 2009.  During the pendency of litigation, numerous issues were brought to the Court’s attention underlining serious problems with issuance and renewal of ration cards and delivery of health benefits under the Janani Suraksha Yojana (JSY) and National Maternity Benefit Scheme (NMBS). Petitioners also placed on record a copy of the Samajik Suvidha Sangam Survey commissioned by the Delhi Government showing that 55 percent of Delhi's poor and vulnerable populations remain “un-carded", i.e. without a ration card.

Numerous interim orders have directed the Delhi Government to conduct “camps” where aggrieved card holders have had their ration cards sorted and reauthorized, increase monitoring and delivery of rations to Fair Price Shops, constitute a grievance redressal hotline, and ensure functionality of vigilance committee. The Union of India has also been ordered to pay Rs 5,000 to each of the Petitioners for delay in payment of financial assistance under NMBS.

During the last hearing, when questioned as to the present procedure for issuing new BPL applications, the Government acknowledged that 'no fresh BPL cards' are being issued by the Food & Supplies Department due to a 'maximum limit of BPL cards' fixed by a decision of the Union of India and Cabinet of Government of Delhi. Taking cognizance of this action as inherently unconstitutional, the Court stated:

“10. This Court is unable to appreciate how the Capital city of Delhi, with a growing population and constant influx of a large number of migrants can abide by a ‘cap’ on BPL cards.  With growing persons in need of BPL cards, there cannot be any ‘caps’ imposed by the Central Government/Planning Commission which disables the GNCTD from proceeding to issue fresh BPL cards.  Denial of a rational card to a BPL person is virtually a denial of his or her right to food and thereby the right to life under the Article 21 of the Constitution.”

The Delhi Government and Union of India were ordered to jointly meet within four weeks time to resolve the denial of fresh BPL cards for eligible persons.  The Court further expressed concern "that apart from the Petitioners who have approached this Court there could be many others similarly placed in need of redress" and ordered a government official be appointed to address all remaining grievances within the community.  The matter is next listed for 27th July, 2011.

Premlata holds great promise in ensuring a more transparent and efficient delivery system of rations to India's poor, and reinforce the life-saving link between access to food and reproductive health and safe motherhood. A copy of the 13.05.11 order is attached.

Contact:
Sukti Dhital
Reproductive Rights Unit
Human Rights Law Network
sfdhital@gmail.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Delhi HC pulls IRDA on insurance cos denying benefits to HIV patients

New Delhi: The Delhi High Court has sought a response from the Insurance Regulatory and Development Authority (IRDA) on a PIL challenging the insurance companies’ "unreasonable and unconstitutional" mandate to deny insurance benefits to HIV positive people.

A Division Bench headed by Chief Justice Dipak Misra issued a notice to the IRDA through the Government of India and demanded a reply to the petition that asked for a court order to the insurance regulator to direct all the companies to consider people suffering with HIV/AIDS on a par with others.

The Petition, filed by activist Dr. Rajeev Sharma, claimed that the exclusion clause was in complete violation of the fundamental right to life and liberty of the said class of people, who suffered not only illegal discrimination but also financial problems as a large number of them belonged to economically weaker sections. The insurance sector is one area where PLHAs are discriminated against. Many existing insurance policies include an exclusion clause specifically excluding insurance benefits of HIV/AIDS and related treatment. Thus, when an existing policy holder is subsequently diagnosed with HIV/AIDS during the policy period they are denied the benefits of their existing insurance policy.

HRLN Advocates Tariq Adeeb and Pankaj Sinha argued before the court that only one out of the 24 insurance companies listed with the IRDA provided insurance to the HIV positive people and that most of them also withdrew the policies in case of the existing policy holders getting afflicted subsequently.

“The discrimination is unreasonable and there was no nexus between the classification of people living with HIV/AIDS and the insurance benefits,” stated the PIL.

For further Details, Contact:
Tariq Adeeb or Pankaj Sinha (Advocate)
+91 93106 77131
+91 99102 47816

Supreme Court bans employment of children in Indian circuses

Picture: Google

On the petition filed by Bachpan Bachao Andolan, Hon’ble Supreme Court, while delivering the judgment on the issues related to employment on children in Indian Circuses directed the Central Government to issue a notification completely banning the employment of children in Indian Circuses. The Court also directed the central and state governments to conduct raids in different circuses and rescue the children employed there. After the rescue, the Court directed, these children can be handed over to their parents after proper verification of the children and their parents in accordance with existing laws. The Court also directed the Union Government, particularly Ministry of Woman and Child Development (WCD) and Ministry of Human Resource Development (HRD) to come up with a comprehensive policy and rehabilitation package for such rescued children from Indian circuses.
The Court has asked the Union of India to file a comprehensive status report on this issue within 10 weeks. The matter is again listed for review of the implementation status on 19.07.2011.
This judgment has come on the writ petition filed by Bachpan Bachao Andolan, which was argued by Senior Advocate Colin Gonsalves .

For details of the case and other information, please contact Mr Divya Jyoti Jaipuriar Adv on +91-9868002365d and Mr. Afsar AhmaKhan ,  or through email at litigation.delhi@hrln.org and cri.delhi@hrln.org

35 child workers rescued from Delhi factories

Fourteen children were rescued in a raid conducted by officials of Task Force on Child Labour, Delhi Police, Labour Department and members of NGOs Salam Balak Trust and Human Rights Law Network in Sadar Bazar.

The children, trafficked from Purnea district in Bihar, were working in purse and bag manufacturing units. “They were being forced to work for 12-14 hours a day. The rescued children have been sent to a shelter home built by Delhi Metro Rail Corporation and being run by Salam Balak Trust,” an official of an NGO, which was part of the team, said.

Read detail report  Business Line