Dear all,
Many of you have been involved in the struggle to make private hospitals and schools that have received public land on lease for a pittance, deliver on their commitment of reserving a proportion of their services for the Economically Weaker Segments of society. Here is an opportunity to place your arguments as to why the finances of such private hospitals must be made transparent. The Central Information Commission (CIC) has scheduled a full bench hearing in the matter of Rakesh Kumar Gupta v CPIO, Income Tax Department (CIC /CICI/LS/A/2010/000110/RM) in relation to people’s access to the IT Records of 20 private hospitals in Delhi. The hearing will take place on 12th July, 2012 at 4.30 pm at the Library Building, Office of the Department of Personnel and Training, Old JNU Campus, New Delhi- 110 067.
Readers may be aware of the ongoing struggle to get private hospitals to live up to their erstwhile commitment of providing free treatment for the Economically Weaker Segments of society (EWS). These entities received substantial amounts of public land to set up their facilities either free of cost or at nominal rates on lease from the Delhi Development Authority. The original commitment was to reserve at least 25% of their services to EWS patients. They have rarely lived up to this commitment. As a result several cases have been filed in the Courts to make them honour their commitment. In the process (which is too tedious to describe in detail) the commitment was whittled down to – 25% Out-patient Dept. services and 10% In-patient services with the tacit approval of the Supreme Court. The hospitals have allegedly not honoured this commitment either. The excuse has been that they do not have enough resources to meet the expenses of treating EWS patients. According to the Supreme Court of India families with a monthly income of less than Rs. 6,040/- fall in the EWS category. This includes, dalits, minorities, physically disabled, and women-headed households and a large number of jhuggi-jhopdi households.
Mr. Rakesh Gupta a resident of Delhi filed an information request with the Income Tax (IT) Department to inspect the IT Assessment records of the 20 hospitals in order to ascertain their financial position vis-à-vis their commitment to serve the EWS segments of society. The IT Department has refused to allow inspection and access to copies of assessment records on grounds of commercial confidence, fiduciary relationship and personal information protected under Section 8(1)(d), (e) and (j) f the RTI Act respectively. Mr. Gupta wants them to be declared as public authorities in their own right as they fall under the substantially-financed category. Even if that does not happen, Mr. Gupta’s contention is that at least the IT Department must be compelled to disclose the assessment records of these bodies as they are set up as charitable societies and not as for-profit companies. The exemptions mentioned above are simply not applicable to their IT records. An extract of the second appeal submitted by Mr. Gupta to the CIC is attached for your reference with his consent. The list of 20 hospitals along with the amount of land allotted is on the last page of the attachment.
As the CPIO and the First Appellate Authority have rejected this request, Mr. Gupta has taken this matter to the CIC. The CIC has scheduled a full bench hearing in this matter for 12th July, 2012 at 4.30pm at Old JNU Campus.
I request all readers who believe in the cause of making these private hospitals honour their commitment to the EWS segments of society, to send their submissions to the CIC at the address given below:
Postal address
The Registrar
Central Information Commission
2nd Floor, August Kranti Bhavan
Bhikaji Cama Place
New Delhi- 110 017
Case title and number:
Rakesh Kumar Gupta v CPIO, Income Tax Department (CIC /CICI/LS/A/2010/000110/RM)
You may like to argue either of the following points or both:
1) That all hospitals that receive public land free of cost or at nominal rates must be treated as ‘’substantially financed” non-government organizations under Section 2(h)(ii) of the RTI Act; and
2) That all assessment records of such hospitals must be made public as they are not covered by any of the exemptions under the RTI Act.
Earlier it was common practice for the CIC to announce full bench hearings well in advance and permit people to attend. However the CIC has not yet issued any public notice in this regard. Perhaps it may be in the pipeline. Let us not wait for that announcement as Mr. Gupta has already received the hearing notice from the CIC.
As the 20 hospitals are likely to be represented by a battery of lawyers, it is advisable that all citizens and activists believing in the rights of EWS patients to receive free treatment should also attend the hearing to make their views known to the CIC. Kindly spare your valuable time to attend the hearing. THIS IS A MATTER OF PUBLIC INTEREST AND UTMOST IMPORTANCE.
Please mention in your letter to the CIC that you would like to attend the hearing and present your views.
Thanks
Sincerely,
Venkatesh Nayak
Programme Coordinator
Access to Information Programme
Commonwealth Human Rights Initiative
B-117, First Floor, Sarvodaya Enclave
New Delhi- 110 017
Tel: +91-11-43180215/ 43180201
Fax: +91-26864688
Skype: venkatesh.nayak@skype.com
Alternate Email: nayak.venkatesh@gmail.com
Website: www.humanrightsinitiative.org