RTI should be circumscribed if it encroaches on privacy: PM Manmohan Singh

October 12, 2012

PM_Manmohansingh_Privacy

New Delhi, October 12: Voicing concern over frivolous and vexatious use of RTI Act, Prime Minister Manmohan Singh on Friday said the citizens' right to know should definitely be circumscribed if it encroaches on an individual's privacy.

"There is a fine balance required to be maintained between the right to information and the right to privacy, which stems out of the fundamental right to life and liberty. The citizens' right to know should definitely be circumscribed if disclosure of information encroaches upon someone's personal privacy. But where to draw the line is a complicated question," he said.

Addressing the seventh convention of central information commissioners, the Prime Minister said, "There are concerns about frivolous and vexatious use of the Act in demanding information disclosure of which cannot possibly serve any public purpose."

Singh said such queries besides serving little productive purpose are also a drain on the resources of public authorities, diverting precious man-hours that could be put to better use.

"Sometimes information covering a long time-span or a large number of cases is sought in an omnibus manner with the objective of discovering an inconsistency or mistake which can be criticised," he said.

Touching upon the area of public-private partnerships, the Prime Minister said blanket extension of the RTI Act to such bodies may discourage private enterprises to enter in partnership with public sector whereas a blanket exclusion may harm accountability of public officials.

The Prime Minister's remarks come close on the heels of the Supreme Court as also the Central Information Commission's adverse criticism of frivolous RTI applications.

Stressing on the privacy issue, Singh said the issue of a separate legislation on privacy is under consideration of an expert group under Justice A P Shah.

Referring to a recent Supreme Court order terming information commissions as judicial bodies, the Prime Minister said the government has decided to go in for review of the verdict before the apex court.

Singh said there was also a need to change perceptions about the right to information, noting that it should not be viewed as an irritant "but something that is good for us collectively".

"Rights cannot stand in isolation and must always be accompanied by reciprocal obligation...I believe that all of us share a responsibility to promote more constructive and productive use of the Right to Information Act. This important legislation should not only be about criticising, ridiculing and running down public authorities," he said.

Singh said the Act should be more about promoting transparency and accountability, spreading information and awareness and empowering the citizen.

"I believe that the right to information can be utilised for even better results to the benefit of our country and the people. It needs to be remembered that the ultimate goal of the legislation is to induce more efficiency in the work of the government and help it serve the people better," he said.

Earlier, speaking on the occasion, minister of state for personnel and training V Narayanasamy said there is a need to create awareness about responsible use of the Act.

"It has to be ensured that it (information) does not infringe upon personal sensitive information of individuals. Personal liberty is very important. Each society has its own concept of privacy. There is need to define what is personal information and what is sensitive information," he said.

He said people using the RTI Act to expose corruption must be protected and Whistleblowers' Protection Bill is a step in that direction.

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News Network
March 18,2020

Mar 18: Madhya Pradesh Congress Party sought in the Supreme Court on Wednesday that the trust vote in the state assembly be deferred till by-polls for the vacant seats are concluded, saying "heavens are not going to fall" if its government led by Kamal Nath is allowed to remain in office till then.

A bench, comprising Justices D Y Chandrachud and Hemant Gupta, was hearing cross petitions filed by former Madhya Pradesh Chief Minister and senior BJP leader Shivraj Singh Chouhan and MP Congress on the ongoing political crisis in the state after 22 rebel MLAs of the ruling combine purportedly offered to resign.

"Heavens are not going to fall if Congress government is allowed to continue till by-polls and the Shivraj Singh Chouhan's government must not be saddled on the people," said senior advocate Dushyant Dave, appearing for Congress.

"Let them face re-elections and then hold trust vote... You (BJP) have engineered it. My petition raises the frontal attack that you have launched a conspiracy," he said.

Senior advocate Mukul Rohatgi, appearing for Chouhan, vociferously opposed the submission saying that the party which killed the democracy by imposing emergency in 1975 is now referring to "lofty ideals" of B R Ambedkar.

He said that after the resignations of 22 Congress MLAs, out of which six resignations have been accepted, the state government should not be allowed to continue even for a day.

"It is lust of power because of which all these lofty arguments are being made.

"It is unheard of that a person who had lost majority says that he wants to continue for six months and there should be re-election before the trust vote.

Rohatgi said the Kamal Nath government wanted to stay in power by hook or crook.

Earlier in the day, the Madhya Pradesh Congress told the bench that a probe is needed on the resignation letters of its rebel MLAs that have been submitted by BJP leaders to the Speaker of the state Assembly.

Dave said the Governor has no business to send messages at night asking the Chief Minister or Speaker to hold floor test.

"The Speaker is the ultimate master and the Madhya Pradesh Governor is overriding him," he said.

The party alleged that resignations of its rebel MLAs were extracted by force and coercion and they did not act as per their free will.

It also said that its rebel MLAs were taken away in chartered flights and are currently incommunicado in a resort arranged by the BJP.

The advancing of arguments will resume after lunch.

The Madhya Pradesh Congress Legislature party (MPCLP) had Tuesday moved the Supreme Court seeking direction to the Centre and the BJP-led Karnataka government to grant it access to communicate with its rebel MLAs allegedly kept at Bengaluru.

Earlier on Tuesday, the court had asked the Kamal Nath government in the state earlier in the day to respond by Wednesday to a plea by senior BJP leader Shivraj Singh Chouhan seeking immediate floor test in the Assembly.

MPCLP, in its plea filed by Govind Singh, an MLA and chief whip of Congress legislature party, urged the apex court to declare as illegal the action of the Centre, Karnataka government and the MP BJP of illegally confining its MLAs in Bangaluru.

The plea, filed through senior lawyer Devdutt Kamat, said the trust vote would be a "sham" if 22 MLAs did not take part in it as almost 10 per cent of constituencies go unrepresented.

The plea filed by Chouhan and nine BJP lawmakers was moved in the top court just after the Speaker cited coronavirus concerns and adjourned the House till March 26 without taking the floor test apparently defying the directions of Governor Lalji Tandon.

The plea alleged that the Speaker, the Chief Minister and the Principal Secretary of the Assembly have "flagrantly violated the constitutional principles and have deliberately and wilfully defied the directions" issued by the governor asking the government to prove the majority on the floor of the house on March 16 when when the budget session was to commence.

On Saturday night, Tandon wrote to Nath asking him to seek a trust vote in the Assembly soon after the Governor's address on Monday, saying his government was in minority.

After the Speaker accepted the resignation of six Congress MLAs on Saturday, the party now has 108 legislators.

These include 16 rebel legislators who have also put in their papers but their resignations are yet to be accepted.

The BJP has 107 seats in the House, which now has an effective strength of 222, with the majority mark being 112.

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Agencies
June 26,2020

New Delhi, Jun 26: The Road Transport and Highways Ministry has issued a notification to enable citizens with mild to medium colour blindness to obtain a driving licence.

An official release said that the Ministry has been taking measures to enable divyangjan citizens to avail transport-related services, especially driving licence.

It said the ministry received representations that the colour blind citizens are not able to get a driving licence due to requirements in the declaration about physical fitness (Form I) or the medical certificate (Form IA).

The release said that the issue was taken up with expert medical institution and advice sought.

The recommendations received were that mild to medium colour blind citizens be allowed to drive and restrictions should only be on the severe colour blind citizens.

"This is also allowed in other parts of the world," the release said.

The notification seeks to amend Form 1 and Form 1A pertaining to Central Motor Vehicles Rules 1989.

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News Network
January 30,2020

Mumbai, Jan 30: The Uttar Pradesh Special Task Force (STF) has arrested Dr Kafeel Khan from Mumbai airport for allegedly making inflammatory statements at AMU during protests against the Citizenship Amendments Act (CAA) last month, officials said.

Khan was arrested on Wednesday night with assistance from Mumbai Police at the airport when he arrived in the city to attend anti-CAA protests, an official said.

"Officials of the UP STF arrested Dr Kafeel Khan in a case which was registered at Civil Lines Police Station under section 153 A (promoting enmity between different groups) of IPC. Our police team helped our UP counterparts on their request," said an official from Mumbai Police.

He claimed that Khan had made inflammatory statements on December 12 last year during the protest near Bab e Syed Gate outside the Aligarh Muslim University in front of more than 600 students.

The official also alleged that the Gorakhpur doctor had made objectionable comments against Union Home Minister Amit Shah.

The FIR against Khan mentions that Swaraj India's president Yogendra Yadav was also present during the speech at AMU.

Following the arrest in the case, Khan was taken to the Sahar Police Station and after completing formalities he will be taken to UP on transit remand, the official said.

Khan, a paediatrician, had come to the limelight in 2017 when a controversy broke out after the death of over 60 children in less than a week at the BRD Medical College in Gorakhpur, UP.

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