In an unusual case highlighting the boundaries of the Right to Information (RTI) Act, a woman from Basti district in Uttar Pradesh has attempted to use the transparency law to investigate her marital status and her husband's alleged second marriage. The woman, whose identity has been protected as Amita (name changed), filed an application under the RTI Act to ascertain whether she, as the legally wedded wife, was still living with her husband and to gather details about another woman residing with him.
RTI Application Seeks Clarity on Marital Status
The case originated in July 2023 when Amita submitted her RTI application to the Block Development Officer (BDO), who also served as the Public Information Officer (PIO) for the Bankati development block in Basti. Her application contained four specific queries aimed at unraveling the complexities of her marital situation.
Initial Queries and Responses
In the first part of her application, Amita sought information about development activities in the village where her alleged husband resided and requested details of his family members, including their legal relationships with him. The PIO provided responses to these two queries, as they pertained to matters of public record and village administration.
Core Marital Investigation
The remaining queries delved directly into the private marital dispute. Amita asked:
- Whether she, as the legally wedded wife, was still living with her husband.
- If not, who the other woman living with him was.
- Whether the man kept this other woman as his wife without legally divorcing his "legal" wife (Amita).
- Details of any children born to the other woman.
The PIO denied these requests, stating that "no such information is held in the records of the gram panchayat." This denial was based on the premise that such personal marital details are not part of official government records.
Appeal to State Information Commission
Unsatisfied with the PIO's response, Amita filed an appeal before the State Information Commission (SIC), seeking to compel the disclosure of the information. The bench, headed by State Information Commissioner Mohammad Nadeem, heard the case and ultimately upheld the PIO's decision.
Commission's Ruling on RTI Scope
In its ruling, the Commission clarified the limitations of the RTI Act in matters of personal relationships. It emphasized that the RTI Act is designed as a tool for transparency in governance and public affairs, not as a mechanism to investigate private marital disputes. The bench explicitly stated, "The RTI Act is a tool for transparency, not a social register of personal relationships between men and women."
This decision reinforces the legal principle that the RTI Act cannot be used to probe into personal or familial matters that fall outside the realm of public records. The case serves as a reminder of the act's intended purpose: to promote accountability and openness in government functioning, rather than to mediate private conflicts.
The incident has sparked discussions on the appropriate use of RTI applications and the need for individuals to seek resolution through family courts or other legal avenues for marital disputes, rather than relying on transparency laws meant for public information.
