Central Information Commission
Anushka Priyadarshini vs National Law University, Delhi on 31 May, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/NLUDL/C/2023/616228
Anushka Priyadarshini ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
National Law University,
Sector -14, Dwarka,
New Delhi - 110078 ....प्रनतवािीगण /Respondent
Date of Hearing : 21.05.2024
Date of Decision : 31.05.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 07.02.2023
CPIO replied on : 28.03.2023
First appeal filed on : Not on record
First Appellate Authority's : Not on record
order
2nd Appeal/Complaint dated : 28.03.2023
Information sought:
The Complainant filed an RTI application dated 07.02.2023 seeking the following information:
"Please refer The Transgender Persons (Protection of Rights) Act, 2019 and The Transgender Persons (Protection of Rights) Rule, 2020 (you may refer the copy of the same from https://www.indiacode.nic.in) as the following information solely related to the aforementioned act and rule.Page 1 of 5
1. Please provide certified copy of equal opportunity policy for transgender persons as mandated by the sub-section 2 of section of 12 of The Transgender Persons (Protection of Rights) Rule, 2020.
2. Provide certified copy of comprehensive policy on the measure and procedures necessary to protect transgender persons as mandated by sub-section 2 of section 11 of The Transgender Persons (Protection of Rights) Rule, 2020.
4. How many separate transgender/gender neutral washrooms and/or toilets are there in the University and its related buildings such as hostels as mandated by sub-section 9 of section 10 of The Transgender Persons (Protection of Rights) Rule, 2020, provide certified details with regards to it.
5. Provide certified copy of all the documents which are currently being held with regard to/compliance of sub-section 6 of section 10 of The Transgender Persons (Protection of Rights) Rule, 2020 i.e., awareness campaign with regard to transgender persons.
6. Provide certified copy of all the documents which are currently being held with regard to/compliance of sub-section 7 of section 10 of The Transgender Persons (Protection of Rights) Rule, 2020 i.e., sensitization with regard to transgender persons among teacher, faculty etc. please refer the concerned rule.
7. How many Transgender students currently studying in National Law University, Delhi.
8. How many transgender candidates appeared in All India Law Entrance Test (AILET) 2023."
The PIO furnished a point-wise reply to the complainant on 28.03.2023 stating as under:
"Point No. 1,2,5 & 6: Information attached at Annexure-I. Annexure I "M Gmail Ravi Kanojia [email protected] _______________________________________________________________ The Transgender Persons (Protection of Rights) Rules, 2020 _______________________________________________________________ Dr. Bharti [email protected]> Mon, Mar 27, 2023 at 12:30 PM To: Joint Registrar NLUD <[email protected]> Page 2 of 5 Cc: Bharti Kumar <[email protected]>, [email protected] "The Equal Opportunity Cell at NLUD covers in its purview Transgender persons.
The Policy regarding Equal Opportunity regarding them is non- discriminatory and extends equal opportunity to Transgender persons in all aspects of education at the institution."
[Quoted text hidden] Point No. 4: At present there is no transgender student in NLU Delhi so no separate transgender/gender neutral washroom and toilets made available for use.
Point No. 7: Presently there is no Transgender student studying in National Law University Delhi.
Point No. 8: No candidate has applied under Transgender category for the All India Law Entrance Test 2023."
Feeling aggrieved and dissatisfied, complainant directly approached the Commission with the instant Complaint on the following grounds -
"...This complaint filed because the National Law University, Delhi provides incomplete and misleading information.
I had requested the information in term of the Transgender Persons (Protection of Rights) Rule, 2020 thus S.C. Lather needed to provide me the information in that term only but the PIO mislead me and provide incomplete information by not directly addressing my query/requested information to me instead of it provide an email conversation between two persons.
In the opinion of the complainant, Sh. S.C. Lather, the PIO did not provide information and furnished any reply to point no. 1, 2, 5, & 6 of the RTI application dated 7. 3.2023 in its reply dated 28.3.2023..."
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Not present.Page 3 of 5
Respondent: Shri Manish Kumar, Deputy Registrar-cum-PIO present in person.
The Respondent submitted that the point-wise reply along with available information has already been provided to the Complainant. Further, the NLU, Delhi has constructed the washrooms for transgender as on date in compliance to Section 10 (9) of The Transgender Persons (Protection of Rights) Rule, 2020.
The Commission interjected and queried the Respondent as to whether the Section 10 (9) of The Transgender Persons (Protection of Rights) Rule, 2020 is applicable to the Universities, the Respondent was not aware of this fact and tender apology for the same. For the sake of clarity, contents of Section 10 (9) of The Transgender Persons (Protection of Rights) Rule, 2020 are reproduced below -
"10. Welfare measures, education, social security and health of transgender persons by appropriate Government-
xxx xxx xxx (9) The appropriate Government shall create institutional and facilities, including but not limited to, temporary shelters, short-stay homes and accommodation, choice of male, female or separate wards in hospitals and washrooms in the establishment within two years from the date of coming into force of these rules to protect the rights of transgender persons..."
The conduct of the PIO shows that RTI application has been replied casually and further he was not acquainted with the facts of the case and appeared before the Commission without studying the relevant provisions but merely to mark his presence, which is not appreciated.
Decision Upon perusal of the facts on record as well as based on the proceedings during the hearing, the Commission observes that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker.
Page 4 of 5Since the Respondent has provided adequate reply to the Complainant vide letter dated 28.03.2023 with the available information in terms of the RTI Act, no mala fide can be attributed against the Respondent. Hence, the Commission finds no scope of intervention in the instant matter.
Be that as it may, the Commission adversely viewed the conduct of the Respondent in coming unprepared while representing the case at the time of hearing. In this regard, the Respondent is advised to exercise due diligence and acquaint themselves well with the subject and proper facts of the case in hand while appearing before the Commission so as to avoid attracting penal action in future.
Registry is directed to send a copy of this order to the Respondent Public Authority through the Registrar for appropriate action.
The Complaint is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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