• Sec 8 1(e) of RTI Act 2005

My brother in law was admitted in govt. hospital. Unfortunately he was expired. Her wife had filed an RTI , But they replied that they doesnot disclose as per Sec 8 1(e) of RTI ACT 2005. Please help regarding the matter.
Asked 3 years ago in Civil Law from New Delhi, Delhi
Section (8) of the RTI Act enlists some special instances when the authorities are exempted from disclosing information sought for. One of the common exceptions relied upon by the authorities is that the information being sought is with the regulatory agency in "fiduciary relationship" [Sec 8 (1) (e)]
It is one where a party stands in a relationship of trust to another party and is generally obliged to protect the interest of the other party.
if the information was reposed with a person for safe-keeping, or a person came to be vested with confidential information, and there is a question of good faith between the information provider or concerned entity, and the person having the information, it can be said that there is a relation of trusteeship. 
file appeal against refusal to furnish information by  the hospital
Ajay Sethi
Advocate, Mumbai
26060 Answers
1416 Consultations
5.0 on 5.0
Govt. Hospitals are  covered under RTI Act.,they are avoiding
 As per a Supreme Court ruling every hospital has to provide all details of the treatment to the patient or his family/heirs ( particularly in case of death of patient)
You can send a Legal Notice if they would not comply then file a case in District Consumer Forum for deficiency of service and medical negligence by claiming compensation.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
you can file a complaint to Chief Information Officer ,for appropriate action .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Government hospitals are covered under RTI Act. As such, they cannot take shelter under sec. 8(1)(e) of RTI Act to claim exemption from the duty of divulging the required information. If your brother died due to medical negligence in the govt hospital then file an appeal against the refusal of information by the hospital. Once the appeal is allowed and you receive all the necessary documents from the hospital then you may proceed to file a claim for medical negligence in the court.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
I agree with Mr. Sidhartha Mishra and Ajay Sethi.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
You need no Supreme Court ruling in this regard.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
already replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you dont need Sc judgement . if you so desire contact any local lawyer from kaanoon .com from Delhi  for necessary guidance on payment of his consultation charges
Ajay Sethi
Advocate, Mumbai
26060 Answers
1416 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
16421 Answers
153 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
26060 Answers
1416 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13176 Answers
280 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3721 Answers
140 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2978 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
64 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
810 Answers
56 Consultations
5.0 on 5.0