BANGALORE: The exclusion clause sanctioned by the sports ministry in the RTI Act may actually be challenged in a court of law.
Facts pertaining to selection, appointment or exclusion of athlete, coach, trainer or physiotherapist in a competition; to the quality of performance of an athlete; to medical health and fitness of an athlete; to whereabouts of an athlete and to information confidential under the NADA code will be kept away from public domain, according to the reworked sports Bill, which was presented by sports minister Ajay Maken in New Delhi on Monday.
While aggrieved athletes have every right to get information, the bill states that public may not be that lucky as these 'facts' have been deemed as 'sensitive.'
However, legal experts feel that the ministry cannot impose its own exclusion clause without having moved the law ministry for an amendment to the RTI Act. "The RTI Act has specific exclusions. An act specific to sports, if promulgated, will override the RTI Act as it has fresh exclusions. If information is withheld, the public can go to court saying that only exclusions in the RTI Act are valid. Ideally, the RTI Act should have been amended to accommodate these conditions," one expert said on condition of anonymity.
At the same time, the expert admitted that the information to be shared was sensitive. "An RTI applicant may win the case if he is denied information on selection of teams, appointment of coaches or exclusion of athletes.
"But medical health and fitness levels of athletes, their whereabouts or information on doping should not be shared. Internationally too, information on an issue such as doping is considered confidential and nothing is revealed until the 'B' sample results are confirmed. In all such cases, I would expect the court too to decide in favour of the athlete if the public goes to the court or moves the appellate tribunal."
The expert said the sports ministry would have realised the loophole and will route the bill through the law ministry to iron out the wrinkles. "It is a long process but will have to be gone through," he said.
At the same time, the expert warned against adding exclusions to the RTI Act. "It may get diluted if all ministries come up with their own lists of information to be kept of public domain."
"The RTI Act has specific exclusions. An act specific to sports, if promulgated, will override the RTI Act as it has fresh exclusions. If information is withheld, the public can go to court saying that only exclusions in the RTI Act are valid. Ideally, the RTI Act should have been amended to accommodate these conditions"
Facts pertaining to selection, appointment or exclusion of athlete, coach, trainer or physiotherapist in a competition; to the quality of performance of an athlete; to medical health and fitness of an athlete; to whereabouts of an athlete and to information confidential under the NADA code will be kept away from public domain, according to the reworked sports Bill, which was presented by sports minister Ajay Maken in New Delhi on Monday.
While aggrieved athletes have every right to get information, the bill states that public may not be that lucky as these 'facts' have been deemed as 'sensitive.'
However, legal experts feel that the ministry cannot impose its own exclusion clause without having moved the law ministry for an amendment to the RTI Act. "The RTI Act has specific exclusions. An act specific to sports, if promulgated, will override the RTI Act as it has fresh exclusions. If information is withheld, the public can go to court saying that only exclusions in the RTI Act are valid. Ideally, the RTI Act should have been amended to accommodate these conditions," one expert said on condition of anonymity.
At the same time, the expert admitted that the information to be shared was sensitive. "An RTI applicant may win the case if he is denied information on selection of teams, appointment of coaches or exclusion of athletes.
"But medical health and fitness levels of athletes, their whereabouts or information on doping should not be shared. Internationally too, information on an issue such as doping is considered confidential and nothing is revealed until the 'B' sample results are confirmed. In all such cases, I would expect the court too to decide in favour of the athlete if the public goes to the court or moves the appellate tribunal."
The expert said the sports ministry would have realised the loophole and will route the bill through the law ministry to iron out the wrinkles. "It is a long process but will have to be gone through," he said.
At the same time, the expert warned against adding exclusions to the RTI Act. "It may get diluted if all ministries come up with their own lists of information to be kept of public domain."
"The RTI Act has specific exclusions. An act specific to sports, if promulgated, will override the RTI Act as it has fresh exclusions. If information is withheld, the public can go to court saying that only exclusions in the RTI Act are valid. Ideally, the RTI Act should have been amended to accommodate these conditions"
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