ED Should Disclose Information Pertaining to Sexual Harassment Case Under RTI Act: Delhi High Court

The Delhi High Court bench, led by Justice Prathiba M Singh, has directed the Enforcement Directorate (ED) to disclose information related to a sexual harassment case to the complainant under the Right to Information (RTI) Act.


The court ruled that information concerning allegations of sexual harassment falls within the purview of human rights violations, making it exempt from the RTI Act’s Section 24, which generally protects intelligence and security organizations.


The ED had earlier refused to provide information in May 2017, citing this exemption. The Central Information Commission (CIC) had ordered disclosure in 2019, leading to the ED’s challenge before the High Court.


Justice Prathiba M Singh emphasized that the decision applies only to the information sought in the RTI application and not the examination of the harassment allegations. The High Court said that “In this case, the non-disclosure of information of allegations of sexual harassment, in the opinion of this Court, would fall clearly within the conspectus of human rights violations, as exempted by the proviso to Section 24 of the RTI Act, 2005.”


Additionally, the court ruled in a connected case that information on the ED’s recruitment rules need not be disclosed as it doesn’t involve human rights violations.

Justice Prathiba M Singh while articulating her stance setting aside an order of CIC directing ED to disclose the information said, “The ED is exempted under Section 24 of the RTI Act, 2005 from disclosing the said information.” 

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content may not reflect the most current legal developments and is not guaranteed to be accurate, complete, or up-to-date. Readers should consult a qualified legal professional before taking any action based on the information provided. The authors and publishers disclaim any liability for any loss or damage incurred as a result of reliance on this article. This article does not create an attorney-client relationship.

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