Government denies information on triple talaq

The Ministry of Law and Justice has refused to share information related to the material which formed basis for the promulgation of Women (Protection of Rights on Marriage) Ordinance 2018, which was notified on September 19 to make instant triple talaq a penal offence.

Paras Nath Singh, a Delhi-based advocate, in an RTI application had requested the ministry to provide information regarding the material besides seeking details about total number of cases available with the government post declaration of ‘triple talaq’ as unconstitutional by the Supreme Court of India.

Singh had sought information on several points including the following in September this year:

i) Number of incidents of triple talaq available with the government of India post declaration of it being unconstitutional by the Supreme Court of India. Also provide the complete details of those incidents.

ii) Certified copy of the notes wherein President of India has approved the aforesaid ordinance under his signature.

However, citing section 8(1)(i) of the RTI Act, 2005 which provides for exemption from disclosing the information, the Central Public Information Officer (CPIO) refused to share the information in its reply dated October 23, 2018.

Significantly, the proviso to section 8(1)(i) of the RTI Act, maintain that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over.

Since the decision about promulgating the ordinance on instant talaq has already been taken, Singh eventually made an appeal before the First Appellate Authority (FAA), arguing that the exemption clause cited by the CPIO was “misconceived”.

But the FAA cum Joint Secretary Udaya Kumara dismissed the appeal on December 17, 2018, upholding the reasons cited by the CPIO.

“Neither did the CPIO provide me the desired information nor he explained as to how the information sought was subject to exemption clause of the RTI Act,” Singh said and regretted, “the FAA too in a mechanical order upheld the decision of the CPIO.”

Stressing that information under the RTI Act can’t be denied merely on the basis of the exemption clauses, he maintained, “In last four years, misuse and unjustified invoking of ‘exemption clauses’ to deny information by the CPIOs have gone up dramatically.”

“The Appellate Authority Kumara’s decision doesn’t give any justification as to how is the information sought was denied under the RTI Act,” he asserted and referring to the guidelines issued by the Department of Personnel and Training, a nodal ministry for RTI Act, on April 25, 2008, he added: “The guidelines enjoin the FAA to observe certain norms while disposing the appeals.”