| Consent documents missing , SIC directs DHS Jammu to provide info | | Conducting of abortion at SDH Akhnoor | | Early Times Report
Jammu, May 3: In a significant order, the State Information Commission (SIC) Jammu office has directed the Directorate of Health Services Jammu (DHS Jammu) to provide copy of the consent form signed by a patient while an abortion was conducted on her by the gynecologist who was posted at Sub District Hospital (SDH) Akhnoor some time back. The BMO Akhnoor in his official reply had said that no such record was available at SDH Akhnoor and the same record was available with a gynecologist who was earlier posted at SDH Akhnoor. The details were earlier sought by an applicant under State RTI Act but the was denied by the officials of the directorate of health services Jammu as well as Chief Medical Officer (CMO) . The case finally landed in State Information Commission (SIC) which directed to provide certified copy of the said consent form.
Case details:
As per details available one Kheru Ram, S/O Shri Jumma Ram, R/O Ajal Malal PO: Khour, Tehsil Akhnoor moved an application dated 28.11.2013 under Jammu & Kashmir Right to Information Act, 2009 before the PIO/Chief Medical Officer Jammu wherein he sought certain information regarding conducting of abortion of Smt. Geeta Devi by Dr. Atula Gupta, Consultant Gynae, the then posted at S.D.H Akhnoor.
Deputy Director, Health Services (HQ), Jammu/PIO vide office No. DHSJ/PIO/10941-42 dated 25.03.2014 submitted the counter statement in which he has stated that the appellant/information seeker had submitted an application stating therein that he has received the record regarding abortion of one Geeta Devi conducted at S.D.H. Akhnoor but her consent form was not received from the B.M.O, Akhnoor and has requested to furnish the same, if not available on record, then furnish the norms by which this abortion was held. The PIO/ Deputy Director, Health Services (HQ) Jammu further stated that as reported by B.M.O Akhnoor whatever record concerning to application of the information seeker could be traced/was available has been provided to the information seeker.
The PIO/ Deputy Director, Health Services (HQ) Jammu also submitted that so far as assertion of the appellant/information seeker with regard to furnishing the norms by which this abortion was held, it is stated that pregnancies are terminated medically under J&K Medical Termination of Pregnancy Act, 1974.
During the course of proceedings held at SIC office Jammu on April 24th2014 , the appellant requested that he be provided the certified copy of the consent form, if any, signed by Geeta Devi or her attendant before conducting abortion. As the consent form is not available in the record maintained by S.D.H Akhnoor, it is only the doctor who conducted the abortion can tell whether the consent form was signed by Geeta Devi or her attendant or she conducted abortion in exercise of discretion vested in her under the J&K Medical Termination of Pregnancy Act, 1974.
The SIC order reads as:
"In the given circumstances, PIO/ Deputy Director, Health Services (HQ) Jammu is hereby directed to obtain the aforesaid information from Dr. Atula Gupta, consultant Gynae, then posted at S.D.H. Akhnoor and furnish the same to the information seeker within 10 days from the pronouncement of this order under intimation to the Commission. The appeal is accordingly disposed of. Notice of this decision be given free of cost to the parties". |
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