Can information be sought from World Health Organization under RTI?

Background        

The appellant filed an application under Right to Information (RTI) Act with World Health Organisation (WHO).  The organisation returned the postal order of the applicant stating that WHO is not a Public Authority. The appellant filed a complaint with the Central Information Commission (CIC). The respondent submitted that the WHO is neither owned, nor controlled nor substantially funded either directly or indirectly by governmental funds. Hence the question of the said Act applying to the WHO does not arise. Since the said Act does not apply to the WHO, it is not obliged to provide any information to any person who seeks such information in terms of the said Act.

View of CIC

The Central Information Commission (CIC) rejected the appeal observing that the respondent does not appear to be a public authority as defined under section 2 (h) of the RTI Act. Hence, the complainant has no legally enforceable right under the RTI Act as the respondent is not a public authority under the RTI Act and is therefore under no obligation to furnish information to the complainant’s RTI application.

Citation: Mr. Manoj Kumar v. World Health Organization, in Decision No. CIC/SG/C/2012/000293/19242