Bihar government is most reluctant to put number of deaths during COVID-19 in public domain: Patna High Court

The Patna High Court on Friday lamented Bihar government's reluctance to put in public domain, the number of deaths that occurred in the State due to COVID-19 pandemic (Shivani Kaushik v. Union of India)..A Special Bench of Chief Justice Sanjay Karol and Justice S Kumar directed the State government to disclose accurate and timely statistics of such deaths through digital means..The Court particularly emphasized each citizen’s fundamental right to information as recognised by the Supreme Court. The order stated,"The Right to Information is a Fundamental Right as recognized by the Hon’ble Apex Court, and the information in question is covered under such right. Therefore, the Government of Bihar is under an obligation to the citizens of India, more so the residents of the State, to provide information on the Digital Portal the number of deaths, be it for whatever reason, that have occurred during the COVID 19 Pandemic.".It was also stressed that the government is under an obligation to create a transparent and easily accessible database, in consonance with the “Digital India” program..The following directions were issued by the Court, among others:.i. As per the Registration of Births and Deaths Act, 1969 and the Right to Information Act, 2005, digital portals should be made accessible to the general public with regular and timely updates. Private information of deceased individuals has to balanced with information dissemination.ii. The Right to Information is a Fundamental Right. Therefore, the Government of Bihar is under an obligation to provide information as to the number of deaths, be it for whatever reason, that have occurred during the COVID-19 pandemic on the Digital Portal.iii. The Digital Portal maintained by different entities must be updated immediately.iv. The concerned authority is directed to take steps to integrate ease of access, in consonance with the larger aims of the Digital India program.v. The information to be updated in line with the right to privacy, recognized under the Constitution.vi. Annual reports not uploaded since 2018 to be uploaded within two months.vii. The State is obligated to provide accurate information, fight the infodemic on the one hand, and heal the systemic neglect on the other.viii. The Government of Bihar shall take all necessary action to sensitise the general public of their Constitutional and Statutory right of uploading and obtaining information on the digital portal..The Court passed these directions in a petition filed by law student Shivani Kaushik, who sought to highlight various COVID-19 related issues in the State.The immediate issue before the Court was whether the people of the State of Bihar had a right to know the number of COVID-19 deaths that occurred over the past one year, and whether the government had a duty to disclose the same on a digital platform..During the hearing, the Advocate General argued that public representatives are not responsible and that there is no mandate of the law to disclose the number of deaths on a digital portal.The Court rejected this argument saying,“The objection is legally unsustainable, and this we say so for the provisions of the Statutes (Acts) and the Bihar Registration of Births and Deaths Rules, 1999 are clear.”It also noted that the State was adopting an uncoordinated approach, resulting in the filing of affidavits which were vague or contradictory..The Bench further observed that in 2011, the government itself amended the Bihar Registration of Births and Deaths Rules, 1999 mandating computerisation of birth and death registers. Therefore, there was no plausible reason as to why such information was not being uploaded regularly..Before concluding its order, the Court brought attention to the importance of collection and dissemination of data. “The data collection process for the births and deaths is an important exercise, more so during the Pandemic COVID-19, from the point of relief measures to be made available to the families of the deceased. Also, in maintaining the correct statistics so that we as a Nation can be prepared for the Third Wave of COVID Pandemic,” the Court observed. .[Read Order]