RTI

RTI ACT RTI ACT

6 months ago

Dear Sir,

Can we take the information under RTI ACT in respect of procedure of postmortem & its purpose? If yes then please provide me a copy of the Judgement in this regard.

Kindly note that we are not requesting to provide the Postmortem Report (because it is exempt under RTI).

We only want to know the procedure of postmortem and its purposes under RTI Act. We request you to kindly provide me a copy of the Judgement in this regard.

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
In the procedure of postmortem, a pathologist examines the outside of the body and opens the body and examines the organs. They will usually take tissue samples and more rarely may remove organs for detailed examination to establish the cause of death. In most cases, they put the organs back, but may occasionally need to keep them for more tests. Since it is not a public document, information with regard to the procedure of postmortem or its report is exempted from disclosure under Sec.8(1) (j) of the RTI Act. Under Sec.8(1) (j) of the RTI Act, information that relates to personal information and the disclosure of which has no relationship to any public activity or interest is exempted from disclosure. Thus, from average judicial judgments on the subject it may be informed that the court has refused to accept medicolegal and postmortem report as a public document and hence cannot be made public through this act. Also, the court has categorically exempted to make these documents public considering them under the exemption clause of 8 (1) (j) RTI Act.
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