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The Right to Information in India

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The Right to Information in India THE RIGHT TO INFORMATION IN INDIA MONTHLY NEWS DIGEST (October 2013) Compiled by Aneesha Johny Commonwealth Human Rights Initiative (CHRI) B‐117, First Floor, Sarvodaya Enclave New Delhi – 110 017 Tel: 011‐ 43180201/43180214 Fax: 011‐2686 4688 Website: www.humanrightsinitiative.org Email: [email protected] Disclaimer: This compilation is meant for private circulation only. CHRI makes no claim about the exahustiveness of this compilation vis-à-vis the universe of RTI stories published during this month. CHRI has not edited any of these news stories. Before quoting from this compilation, readers are requested to check the weblink mentioned under each news story. Copyright for the news stories and photos included in this compilation continue to vest with their true owners. NAME OF THE NEWSPAPER NO. OF NEWS STORIES The Economic Times 5 The Hindu 39 The Hindustan Times 11 The Indian Express 9 The Pioneer 1 The Times of India 60 The Tribune 3 Total 129 2 01 October, 2013 1. Allahabad High Court directs hospital to give details on free treatment to patients Allahabad, October 1, 2013 Omar Rashid Petition takes into consideration two reports in The Hindu; court asks questions on the reports The Allahabad High Court on Tuesday directed the Kamla Nehru Memorial Hospital (KNMH) to provide details of whether it gave free treatment to poor patients as per the policies of the Central government and the State Government. The Court also sought the names and addresses of cancer patients who have been given free treatment in the hospital in the last five years as per the National Cancer Control Programme (NCCP) guidelines. The KNMH is one of the 27 Regional Cancer Centres in India and is presided over by the UPA chairperson, Sonia Gandhi. A Division Bench of Acting Chief Justice Rakesh Srivastava and Justice Laxmi Kanta Mohapatra passed the order on a Public Interest Litigation by Aam Aadmi Party volunteer Saumya Bahadur and another respondent. The petition takes into consideration a June 14 report by The Hindutitled“Kamla Nehru Hospital got excess grants, reveals RTI query”. The report noted the Comptroller and Auditor General’s (CAG) observations on how, despite receiving excess grants, the hospital kept funds unutilized to rake in interest. The report also pointed out that free and subsidised treatment was provided to people with influence rather than to the needy. The hospital could not provide any “clear answers” to queries put by the CAG. The report also mentioned other cases of financial irregularities in the hospital and raised questions on its Regional Cancer Centre (RCC) status. The Court also sought to know if any fund had been provided for the treatment of a 10-year-old cancer patient from Allahabad, Shivani Kesarwani, who belongs to a family that is Below Poverty Line. An August 6 report in The Hindu, titled “Do BPL patients get their due at cancer centres?” narrates Shivani’s story. Shivani’s parents alleged that they did not receive any assistance from the hospital despite belonging to the BPL category. Instead, the KNMH had recommended Shivani to the Sanjay Gandhi Post Graduate Institute of Medical Science, Lucknow, despite both hospitals being 3 RCCs. But since her family could not afford the new costs, they decided to continue treatment at KNMH. Since then, Shivani has received Rs 1 lakh from the Chief Minister’s Fund. However, Shivani’s father Suresh Kesarwani, a gas delivery hawker, says the amount won’t be enough but also expressed hope since the Court has taken up his daughter’s case. “It is costly and difficult to find people for bone marrow transplant, so she will require treatment all her life. We hope she is provided free treatment. Since the court has taken up the issue, we have full faith that something positive will happen,” he said. Siddharth Nandan, counsel for the petitioners, said the hospital was involved in financial bungling and cancer patients were being deprived of benefits due to political reasons and manipulation of government agencies. The Court has also sought details on the number of beds earmarked in KNMH for cancer patients as per the NCCP. Source: The Hindu, http://www.thehindu.com/news/national/other-states/allahabad-high-court- directs-hospital-to-give-details-on-free-treatment-to-patients/article5190249.ece 2. 40% civic maternity homes don't have ambulance, reveals RTI Tabassum Barnagarwala : Mumbai, Tue Oct 01 2013, 01:27 hrs Almost 40 per cent or 11 civic maternity homes in the city do not have an ambulance, according to information obtained under the Right to Information (RTI) Act. The Brihanmumbai Municipal Corporation (BMC) has 27 maternity homes and a mother and child hospital, which cumulatively handle close to 50,000 births yearly. With around 1.6 lakh births a year in the city, a large chunk of the lower-income group depends on the 28 maternity homes and 24 civic hospitals. However, with only 17 such maternity homes providing ambulance, many women in labour fail to make it on time for delivery. "A maternity home's ambulance can be called only between 9 am and 4 pm. In such a case, it becomes difficult for women in labour to travel from their homes to a maternity home," said Dr Saida Khan, a corporator from L-Ward (Kurla). According to BMC data, the maternity homes also face staff shortage, with 32 per cent medical posts currently remaining vacant. Among them, seven have a 50 per cent vacancy. Of the 87 sanctioned posts for medical staff, 59 have been filled so far. 4 At Oshiwara Municipal maternity home ub Jogeshwari (West), all three posts for medical staff are lying vacant, and it currently relies on para-medical staff. The situation for para-medical staff and class IV employees is a little better. There is 20 per cent vacancy in posts for para-medical staff and 13 per cent in class IV employees. Three maternity homes — Chunabhatti, Tagore Nagar and Riddi Garden — have no Doppler foetal monitor. A Doppler is an ultrasound, which is required during pregnancy to assess the growth and condition of a baby in the womb. Dr Yogeshwar S Nandanwar, head of neonatology at Sion hospital, said, "In the absence of a Doppler monitor, a doctor has to rely on stethoscope to measure the heart rate of a baby, which is a vague assessment. A Doppler is more accurate." There is also a dearth of paediatricians. "Only around seven maternity homes have paediatricians. A maternity home must house at least one," said Khan. According to the RTI data, there were close to 55,000 registrations across all maternity homes till September 20 this year. Only 27,745 deliveries, however, have taken place. "This shows that only about 50 per cent deliveries happened at maternity homes," Khan said. Source: Indian Express: http://www.indianexpress.com/news/40--civic-maternity-homes-dont- have-ambulance-reveals-rti/1176582/ 3. Get your Act together first: central panel tells power SE to get RTI training Vinod Kumar, Hindustan Times Chandigarh, October 01, 2013 Giving a dressing-down to the UT electricity department's superintending engineer, MP Singh, for not giving proper responses to pleas filed under the Right to Information (RTI) Act, the Central Information Commission (CIC) has directed him to undergo training for his duties as the first appellate authority under the law. The matter pertained to a plea filed on July 27 last year by Rakesh Sood, a resident of Panchkula, who had asked the central public information officer (CPIO) of the UT electricity department for copies of correspondence between the sub-divisional officer of division 5 (operations), Industrial Area, and the executive engineer of division 2 (operations) over power lines emanating from a 11KV fire brigade feeder. The CPIO, on August 24, 2012, told Sood that due to non-availability of his specific address, the information could not be provided. Sood then submitted the address and appealed before the first 5 appellate authority (FAA), that is MP Singh. But Singh denied the disclosure of information in his order of September 26, 2012, saying that it was voluminous and also pertained to a 'third party'. Sood then appealed before the CIC. In its order on Tuesday, the central commission stated that the denial of information was "reflective of complete lack of application of mind or sense of responsibility by FAA (Singh), who is warned to discharge the responsibilities ascribed to him under the RTI Act henceforth". The commission also directed him to provide the information to Sood free of cost for the period 2008-12 within three weeks. As per the section 19(8)(a)(v) of the RTI Act, the CIC has the power of enhancing the provision of training for its officials. Further, the commission took cognisance of Singh's move to dispose of four similar RTI applications through a common order on September 26, 2012, which was not the correct method of disposal. So the FAA has been directed to issue separate orders for each plea. Unhappy with the attitude of the department, Sood had also lodged a complaint with UT adviser KK Sharma in October last year. Source: The Hindustan Times, http://www.hindustantimes.com/Punjab/Chandigarh/Get-your- Act-together-first-central-panel-tells-power-SE-to-get-RTI-training/SP-Article1-1129801.aspx 6 02 October, 2013 4. HC asks hospital to give details on free treatment Omar Rashid Allahabad, October 2, 2013 Court order follows petition citing two reports in The Hindu The Allahabad High Court on Tuesday directed the Kamla Nehru Memorial Hospital (KNMH) to provide details of any free treatment to poor patients as per the policies of the Centre and the State government.
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