Central Information Commission
Mr.Sadachari Singhtomar vs Naco on 1 September, 2010
Central Information Commission
CIC/AD/A/2010/000954
Dated September 1, 2010
Name of the Applicant : Shri Sadachari Singh Tomar
Name of the Public Authority : NACO
Background
1. The Applicant filed an RTI application dt.13.5.09 with the PIO, NACO requesting for information. Shri J.P.Mehta, CPIO replied on 30.7.09.
The information sought and reply provided thereto are given below:
S.No. Information sought Reply provided
1 The documents related to danger of kissing to Current evidence suggests that kissing is not
the extent of HIV aids. Specially related to lip the source of HIV transmission, unless there
kissing which is dangerous to bring out H.I.V. is a breach in the mucous membrane
AIDS to both the participants if so. (cut/abrasion) in one or both partners involved
in the process of kissing
2 The documents related to conducting clinical This point pertains to RCH Division, Ministry
trial on women. Has there been a clinical trial of Health & Family Welfare of unwanted 72 pill on Indian women, if so the factual status may be provided 3 The documents related to safety about As above emergency pills and unwanted72 pill. Are emergency pills and unwanted72 pill totally safe for the young girls.
4 The document related to condom as safe In this regard it is to be informed that research against HIV and STD and its failure on condoms as safe against HIV and STD has percentage been conducted by Centres for Disease 5 IS condom cent percent safe against HIV and Control & Prevention. Also, research has STD. If it is not so then what is failure been conducted by UN on failure percentage percentage of condoms and a copy of both the reports is enclosed.
6 The document related to survey of 2006 and Detailed reply given.
others which shows the reduction in number.
The documents where it was stated that 57 lakhs patients were suffering from HIV AIDS during 2006. The number came down to 24 lakhs. What are the cogent and reasonable causes for this decline.
Not satisfied with the reply, Applicant filed an appeal dt.2.9.09 with the Appellate Authority stating that under point 1, no document was supplied, against points 2 and 3, the application was not forwarded to RCH Division, Points 4 and 5 not properly replied to and against point 6 the estimates given are not the correct figures . On not receiving any reply, he filed a second appeal dt.29.4.10 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for September 1, 2010.
3. Shri Subhash Chandra, PIO & Under Secretary, Shri V.K.Govil, S.O, Dr.Bhrigu Kapuria, T.O and Dr.Ujwal Raj, T.O represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Respondents submitted that with regard to point (i), no such document is available with them as no such study had been conducted by NACO or the Ministry of Health &FW. With regard to points (ii) and (iii), they stated that the application had been transferred to RCH Division and that they have no information on whether information has been supplied to the Appellant or not by that Division. With regard to points (iv) and (v), they clarified that since NACO had not conducted any research on the subject matter. As for point (vi), the website address of the Ministry had been provided since the information is already available on the website.
6. The Commission after hearing the submissions made directs the PIO as follows:
i) to inform the Appellant that no documents is available with them against point 1, giving reasons for their non availability.
ii) to transfer the RTI application along with a copy of this order to the CPIO, RCH Division, Ministry of Health & Family Welfare with the direction to provide information against points 2, 3 and 6 by 5th October, 2010.
7. The appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri Sadachari Singh Tomar C101 National AIDS Control Organisation Residential Complex Pusa New Delhi 110 012
2. The PIO National AIDS Control Organization 9th Floor, Chandralok Building 36 Janpath New Delhi
3. The Appellate Authority National AIDS Control Organization 9th Floor, Chandralok Building 36 Janpath New Delhi
4. Officer incharge, NIC