Ask staff to give declaration on dowry: Info panel to govt

Naveen S Garewal

Tribune News Service

Chandigarh, November 17

In a landmark judgment, Information Commissioner Hemant Atri has ruled that the wife of a government employee having a marital dispute cannot be denied official information about her spouse on the grounds of privacy. The spouse is not a third party, but very much an affected party, hence information about declaration under Section 18 (2) of Haryana Civil Services (Government Employees’ Conduct) Rules, 2016, can be disclosed, he ruled.

Atri has observed that the government official in this particular case has not furnished a declaration under Section 18 (2) of Haryana Civil Services (Government Employees’ Conduct) Rules, 2016. He has directed the state Chief Secretary to ensure within 45 days, with intimation to his office, that every employee after his marriage makes a declaration under section 18 (2) to his head of department that he has not taken any dowry. The declaration is required to the signed by his wife, father and father-in-law.

The commission has observed that since the declaration pertains to the evil of dowry in society, it is essential that the service rules are put in place. The order states, “The government may put in place a system where a person while entering a government job should give an undertaking in writing that if and when he enters a marital alliance, he shall strictly comply with the anti-dowry law in letter and in spirit and also at the same time, furnish full details of all articles of property and amounts of money received by him from his in-laws or spouse in any name or manner, whatsoever”.

Further, the order reads, “The information in this regard should also not be barred by any public information officer in the name of “third party” protection so long as the government employee stays in legal wedlock with the applicant desirous of obtaining information in this regard or as a legal separatee or divorcee”.

Using provision under section 25 (5) of the RTI Act, 2005, Atri has recommended to the Chief Secretary to take all necessary steps for strict compliance of Rule 18 (2) of Haryana Civil Services (Government Employees’ Conduct) Rules, 2016 by all employees in letter and in spirit.

He has ordered that on behalf of the Chief Secretary or somebody suitably placed in his office may pass necessary directions to all heads of departments for ensuring strict compliance of Rule 18(2) and a copy of such communication sent to all Head of Departments be also sent to the commission within 45 days as a compliance report.

The present appeal is an outcome of an ongoing matrimonial dispute due to which the wife suffered a lot at the hands of “third party” (read husband), the appellant had pleaded. The appellant had claimed that the issue was not of any public interest but it is about rights of an individual, who happens to be an estranged wife in the instant case. As it is an issue coming out of a matrimonial dispute, the appellant needs information to defend her case in the court of law as well as deciding the alimony as an outcome of the case.

The RTI Commissioner has observed that it is clear from the ongoing proceedings that the appellant does not constitute public as she is legally married to the third party and no divorce proceedings are on till date in any court of law. However, there is a criminal case under Section 498 i.e. harassment for dowry is going on in an Ambala court between both parties and it was a settled legal postulate that any criminal act is an act so against the state as a whole. The idea of privacy etc., therefore, becomes irrelevant.

Therefore, the commission is of the considered opinion that the appellant is very well within her rights to get a copy of any undertaking given by the spouse (third party) to his office with regard to dowry/gifts received during the marriage, if any.