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CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

A woman complained to the Internal Committee of Orion Retail Ltd. A journalist then applies under the Right to Information Act, 2005, seeking the complainant's identity, the inquiry recommendations and the action taken by the employer. How should the request be treated under the Act?

The request must be refused. The Act bars publishing or making known to the public, press and media the complaint contents, identities, inquiry and conciliation information, committee recommendations and action taken, notwithstanding the RTI Act. Only justice secured may be shared, without identifying the woman or witnesses.

  1. AGranted in full, since the RTI Act overrides other laws
  2. BGranted only for the recommendations and action taken, not the identity
  3. CRefused, since such contents shall not be published, communicated or made known to the public, press and media, notwithstanding the RTI ActCorrect
  4. DGranted if the respondent consents in writing

Explanation

Section 16 begins with 'notwithstanding anything contained in the Right to Information Act, 2005' and bars publication of the complaint contents, identities, conciliation and inquiry information, recommendations and action taken. The proviso permits only information on justice secured, without identifying the woman or witnesses. So the request must be refused.

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