Information regarding the unethical clinical trials under RTI

The appellant sought information regarding the unethical clinical trials done in Indore, such as, copy of the minutes of the meeting of the Ethics Committee of Medical Council of India (MCI) held between years 2011 to 2012, has the MCI found any irregularities against the doctors of Indore in reference to the unethical clinical trial conducted by them so far, details of the communications made by medical council of India to the doctors of Indore and Madhya Pradesh Medical Council in the regards to the complaints and allegations of unethical clinical trials . He also wanted the copy of the file noting’s made on this RTI application. The Public Information Officer (PIO) provided part information and for the rest he asked the appellant to deposit a fee of Rs. 150/-.

Proceedings

During the hearing, the respondent stated that the additional fee of Rs.150/- was paid by the appellant and ultimately he has received the information. The PIO has erred in asking for additional fees once a period of 30 days was over. The appellant admitted that he has received the information.

View of CIC

The Central Information Commission (CIC) noted that the appellant has been unnecessarily harassed by asking to pay additional fee and getting the information late. Under section 19(8)(b) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to require the public authority to compensate the complainant for any loss or other detriment suffered; of the Right To Information (RTI) Act, the Commission awarded a  compensation of Rs. 2000/- to the appellant and also directed the PIO to provide the information to the appellant free of cost as per section 7(6) of RTI Act.

Citation: Dr. Anand Rai v. Medical Council of India, in Decision No. CIC/SG/A/2012/001479/19428