Women's Rights In New Criminal Laws: CIC Orders Inspection Of NCW Consultation Records

The Central Information Commission has directed the National Commission for Women to allow an RTI applicant to inspect records relating to five regional consultations held in 2022 as part of its exercise to review criminal laws from the perspective of women's rights.

In an order, Information Commissioner P R Ramesh directed the central public information officer (CPIO) of the National Commission for Women (NCW) to provide an opportunity to inspect all relevant physical and electronic records within two weeks of receiving the order.

The consultations were conducted as part of the NCW's exercise titled 'Review of Criminal Law – Improvement in Status of Women', following a request from the Union government seeking recommendations on the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act.

The NCW held the consultations in early 2022 and submitted a consolidated report to the central government on March 4 that year, suggesting changes to criminal laws to better protect women's interests.

The IPC, CrPC and Indian Evidence Act were subsequently replaced by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), respectively, which came into force on July 1, 2024.

The commission observed that the NCW had provided the applicant with a copy of its March 4, 2022 communication to the central government, along with the consolidated report containing its recommendations.

However, it pointed out that the specific information sought regarding individual regional consultations had not been adequately addressed.

"The specific information sought by the appellant at point no. 3 individual regional consultations, has not been specifically addressed," the Central Information Commission (CIC) said.

The RTI applicant, Sanjukta Basu, had sought details of all five regional consultations, including their dates, venues, organising institutions, participants and copies of reports or deliberations.

During the hearing, she contended that the consolidated report referred to five regional consultations but individual reports and details of participants, discussions and deliberations had not been provided.

She also pointed out that the report of the consultation held at National Law University (NLU), Odisha, was available on its website, while Symbiosis Law School, Pune, had indicated that a detailed report of its consultation would be prepared and sent to the NCW.

The NCW told the commission that some consultations were conducted online and physical reports relating to those meetings were not available in its records.

It offered the applicant an opportunity to inspect the relevant records.

Observing that inspection was a recognised mode of accessing information, the CIC said Section 2(j) of the RTI Act, 2005, encompasses the right to inspect documents and records and obtain certified copies.

The commission said the NCW was expected to undertake a "diligent search of the relevant records, including physical files and electronic records pertaining to the regional consultations".

It directed the CPIO to assist the applicant in identifying relevant documents during the inspection and provide copies upon payment of the prescribed fee under the RTI Rules, 2012.

The commission also directed the NCW to communicate categorically if any information was unavailable or not maintained by the public authority after verification of its records.