The State Information Commission (SIC) in two different orders has held that names of those who donated money to charitable hospitals (that are public authority) are exempted under RTI.
An applicant had sought details of names of donors along with the donation money they had given to Bai Jerbai Wadia Hospital and Nowrosjee Wadia Maternity Hospital; both charitable hospitals that get BMC and government funding.
The order which was out recently was heard on July 4, 2018. The order was passed by Sumit Mullick, state chief information commissioner on an application made by applicant Shrikant Hatkar.
Hatkar in his application to both the hospitals had sought details of income and expenditure accounts with appropriate schedules, balance sheets, audit reports, all bank account statements, donations, and petty cash from 2012-16. Citing third party rights and voluminous information, all other details were given except for petty cash, bank account statements and donor names.
"I had sought the details because the hospitals collectively get aid from BMC and state government but nothing is given to poor patients. There is also a scam going on. They have filed a case against me for extortion," alleged Hatkar. Hatkar said that he is into "social work." After he met with an accident, he had claimed that he is supported by family and friends for his work as he is not employed.
The commission noted that "the hospital gets donations from various resources and people from the society, some of whom want to maintain anonymity, and it is the duty of the hospitals to maintain that for its patron donors. Donations to the hospital will be in fiduciary relationship, the disclosure of which is barred by section 8 (1) (e) of the RTI Act."
"I agree that donor names can be fiduciary relation and expect that they are not divulged. Donations are involuntary and not compulsory. With respect to petty cash, unless it is a phenomenal amount then it may be different, or else I think it is being stretched too much," said Shailesh Gandhi, former central information commissioner. A person from the hospital said, There is no scam and the matter is sub judice. Some people are trying to harass the hospital."
