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Central Information Commission

Kishore Chandki vs Gnctd on 4 October, 2017

                      CENTRAL INFORMATION COMMISSION
                     August Kranti Bhawan, Bhikaji Cama Place,
                                New Delhi-110066

                                               F. No. CIC/SA/C/2016/000149

Date of Hearing                      :      21.08.2017
Date of Decision                     :      25.09.2017
Appellant/Complainant                :      Mr. Kishore Chandki
Respondent                           :      PIO /CDMO-SWD
                                            Dte. Of Health
                                            Through:-
                                            Dr. Rakesh Gilani
Information Commissioner             :      Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on             :      05.06.2015
PIO replied on                       :      16.06.2015
First Appeal filed on                :      -
First Appellate Order on             :      -
2nd Appeal/complaint received on     :      08.04.2016

Information sought

and background of the case:

Vide RTI application dated 05.06.2015 the complainant sought information with regard to miscarriage/abortion records of Shree Nursing Home, Dwarka from April, 2014 to March, 2015 under the following heads:

a. Name of the patient b. Father's/Husband Name c. Age of the patient d. Hospital ID/IPD Number e. Date of admission f. Date of discharge g. Cause of miscarriage/abortion CPIO vide letter dated 16.06.2016 informed the appellant as under:

"The required information a,b,c,d,e,f,g does not come under MTP Act, hence such information are not taken from the MTP registered centres".

Being dissatisfied on the reply of public authority, the appellant approached the Commission.

Relevant facts emerging during hearing:

Both the parties are present and heard at length. The complainant states to be pursuing the issue of curbing menace of female foeticide. He draws the attention of the Commission towards high incidents of medical abortions in Delhi. He refers to the statistics of abortions & medical termination of pregnancies. Per contra, the respondent states that the information sought is not retained by the public authority. He starts that only 11 no. of nursing homes across Delhi are sharing data of Medical termination of pregnancies and rest of the nursing homes are not sharing such data. Upon specific request of the complainant, the present complaint is being converted and taken up as an Appeal.

Decision:

After hearing the parties and perusal of record, the Commission finds that though queries revealing name & identity of the foetus bearing mother cannot be divulged as per the law, however, in larger public interest, there is no legal impediment in periodic disclosure of nursing home/ hospital wise statistics of abortions & miscarriages alongwith the age of child bearing mother. The PIO is directed to access information on the aforesaid laid parameter only maintaining strict confidentiality as regards name/father's or husband's identity, precise date of admission & discharge etc. Only numerical statistics & age; that too, with a precondition of anonymity; can be disclosed under the RTI Act.

The PIO is directed to access information from the nursing home concerned and furnish the same to the Appellant within 3 weeks of receipt of this order.

The Appeal is allowed in aforesaid terms.

(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.

(R.P.Grover) Designated Officer Copy to:-