CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
A journalist files an application under the Right to Information Act, 2005 asking Zenith Logistics Ltd's regulator for the identity of the aggrieved woman and the action taken by the employer in a sexual harassment case. Under the 2013 Act, what is the position?
Disclosure is prohibited. Section 16 overrides the Right to Information Act, so the complaint contents, identities, inquiry details, recommendations and action taken cannot be published or made known to the public, press or media, even after the inquiry ends.
- ADisclosure is allowed if the public interest outweighs privacy
- BDisclosure is allowed only of the respondent's identity
- CDisclosure is prohibited notwithstanding the RTI Act, 2005Correct
- DDisclosure is allowed after the inquiry is complete
Explanation
Section 16 begins with 'notwithstanding anything contained in the Right to Information Act, 2005'. The complaint contents, identities and addresses of the aggrieved woman, respondent and witnesses, conciliation and inquiry information, recommendations and the action taken must not be published or made known to the public, press and media. Completion of the inquiry does not lift this bar.
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