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DEATH CERTIFICATE OF MY LATE FATHER NOT PROVIDED SINCE LAST 4 YEARS, DESPITE MY COMPLAINTS TO CIC, PRIME MINISTER OF INDIA

SARCAJC

SOUTH ASIAN RESEARCH CENTRE FOR ADVERTISEMENT, JOURNALISM & CARTOONS

24 December 2021
The Information Comissioner
Central Information Commission
Baba Gangnath Marg, Munirka
New Delhi-110067

Respected Sir/Madam,

Subject: Second Appeal- Information denied under RTI Act (2005)

I had requested for certified copy of death certificate of my husband on 11/9/2021 under
RTI Act (2005) by online RTI application:

"My husband - Mr. Chandra Kumar Sharma died (non Covid) on 7 August 2020 at
home. It is duty of citizen to inform auth orities & get death certificate. Dut to glitches
in SARAL Haryana, its non responsive helpline -(disconnected phone 8 times on 25
August 2020), I also visited the central website crsorgi., which was not digital as home
page instructed-" Please visit the concerned Registrar (birth/death) office for issuing
and printing, verifying the status of birth/death certificate" and 'how to apply-" Get a
print out of the application and forward to the concerned registrar BY HAND at the
given address (address will appear in the bottom of the print out of application) along
with the requisite documents".

This clearly meant stepping off the house and risking life in ongoing Covid pandemic as
a Senior Citizen my health is vulnerable and am in actute grief. I was exhausted, so I
asked my daughter-(Pragya Parmita) on 25 August 2020 to contact Registrar General &
Census Commissioner- Mr Vivek Joshi, his office asked her to contact his Deputy
Registrar General (Ms Sandhya Singh)- who deals with birth & death registration and
gave her phone number.

On 25 August 2020, After hearing above difficulties during this Covid Pandemic, Deputy
Registrar General (Ms Sandhya Singh)- asked us to send her information by emailfilled
in forms & docs, as many other people are also informing her by email & she
will get it done. She also stated that she will get central website- "crsorgi" -updated &
fully digital so that lives of citizens is saved during this pandemic.

On 25 August 2020, Deputy Registrar General (Ms Sandhya Singh)- received
information (within 21 days) - filled in declaration by me- form 2, copy of passport of
my husband, cremation certificate- all self attested by me, through email
(p.parmita9@gmail.com) of my daughter (Pragya Parmita).

As other people would have been been facing the same problem, in public interest, I
asked my daughter to inform the Honrable Prime Minister that Citizens life is at risk at
getting death certificate during this Covid Pandemic PMOPG/E/2020/0783424 on
26/08/2020. The Honrable Prime Minister was also informed that we have emailed all forms/documents, duly certified to Deputy Registrar General (Ms Sandhya
Singh) on 25 August 2020. According to Grievance status of PMOPG/E/2020/0783424
at CPGRAM, officer it concerns is- Deputy Registrar General -Ms Sandhya Singh.
But more than one year has passed, despite continous reminders, I have not received
death certificate of my husband which is causing great mental agony, grief and severe
harassment. Under RTI Act, please provide certified copy of my husband's death certificate".

(Copy of my RTI application enclosed- see page )

RESPONSE OF CPIO: Information NOT provided.

CPIO, Mr A. K Pande, responded vide letter dated 24/9/2021. CPIO did NOT provide requested information under RTI Act & thereby denied certified copy of death certificate of my husband. CPIO has narrated Registration of Birth & Death Act 1969 and asked me to contact "concerned registration authority , where the event is registered at Gurgaon, Haryana. Chief Registrar of Birth & Deaths. Haryana" .

(Copy of response of CPIO enclosed- see page no)

I filed first following first appeal to first appellate authority- Ms Sandhya Singh, Dy Regsistrar, Ministry of Home Affairs, Government of India on

(1) Information has been sought under Right to Information Act 2005 not under Registration of Birth & Death Act.
Supreme Court of India has recognised it as fundamental right in many of its rulings.
The Right to Information has an over-riding effect (Section 22 of RTI Act). Therefore, though alternative procedures and conditions are prescribed under any other statue/law (Registration of Birth & Death Act etc), the CPIO has to deal with my application with the provisions of RTI Act 2005. So, it is my choice that I have sought requisite information under RTI Act.
(2) CPIO has not followed Section 5(3) & (4) of RTI Act
CPIO has failed to seek assistance of his Senior- Ms Sandhya. Singh, Deputy Registrar General-Government of India. for the proper discharge of duties . CPIO should have asked her names of public authorities in State of Haryana to whom Ms S. Singh, Deputy Registrar General- Government of India has sent filled in declaration form, filled in form 2, copy of passport of my husband, cremation certificate- all self attested by me, which she received on 25 August 2020 from us by email.

My objection again is that  Ms Sandhya Singh, Director General Registrar , Government of India had assured on 19 October 2020- " I have already sent it to the state government for issue at that time itself... the moment I got your application, I sent it to the State Government". Since Ms Sandhya Singh, Director General Registrar, Government of India holding such responsible post, I had no reason to disbelief her. Ms Sandhya Singh, Deputy Registrar, Goverment of India to send her forms and documents (form 2, declaration, copy of passport of my husband, cremation certificate)- all self attested by me for issurance of Death certificate, which sent to her by email on 9 July 2021, 26 July 2021. I do not know to whom these were sent by her.

Section 5(3) & (4) of RTI Act makes it mandatory for a PIO to deal with requests of citizens seeking information and render reasonable assistance to them while taking the assistance of any other officer, if considered necessary by him or her, for the proper discharge of duties.

Therfore, CPIO should seek assistance of his Senior- Ms Sandhya Singh, Deputy Registrar General. Govenment of India and ask her names of public authorities in State of Haryana to whom Ms Sandhya Singh, Deputy Registrar General, Government of India has sent my filled in declaration form, filled in form 2, copy of passport of my husband, , cremation certificate- all self attested by me.

(3) CPIO has not followed Section 6(3) of the RTI Act

According to under Section 6(3) of the RTI Act CPIO should have transfered my RTI application with 5 days of the receipt of my application to CPIO of all concerned Public Authorities of the State Government of Haryana to whom Ms S. Singh, Deputy Registrar General -CRS had sent filled in declaration- form 2, copy of passport of my husband,
, cremation certificate- all self attested by me

In the light of above I appeal to you under RTI Act (2005) to direct CPIO to take assistance of Ms S. Singh, Deputy Registrar General- CRS and IMMEDIATELY transfer my RTI application to CPIOs of all those public authorities, to whom Ms Sandhya Singh, Deputy Registrar General CRS had sent filled in declaration form, form no 2, copy of passport of my husband, cremation certificate- (all self attested by me) for death certificate of my husband. It is most unfortunate that one year has passed, during this devestating Covid Pandemic, despite continous reminders,
I have not received death certificate of my husband which is causing great mental agony, grief and severe harassment."

(Copy of my first appeal enclosed)

The fist appellate Authority- Ms Sandhya Singh vide letter dateed 26/10/2021 errorously upheld the decision made by CPIO and thereby DENIED certified copy of my husband's death certificate under RTI Act. This denial by CPIO as well as by first appellate authority is against the RTI Act (2005).

(Copy of reponse of first appellate authority enclosed)

Details of 2nd Appeal:

I had send my online request for information under RTI Act (2005) to Ministry of
Home Affairs. Government of India  on 11/09/2021, who transferred it on the same date to Office of Registrar General of India census Commissioner, which was transferred to CPIO of one of its department-Central Registration System (CRS). I would like to bring in to your notice that its departmental head, Dy. Registrar General (CRS) is Ms Sandhya Singh, who is also 1st appellate authority, to whom information was provided on 25 August 2020.

On 25 August 2020, after hearing difficulties in registration of deaths due to non digital
website (including website run by her department) which put lives of citizens at risk during
ongoing pandemic, Deputy Registrar General, - Ms Sandhya Singh, voluntarily, asked us to sent her information by email- filled in forms & documents, as many other people are also informing her by email & she will get it done. She also stated that she will get central website crsorgi.gov-updated & fully digital so that lives of citizens is saved during this pandemic. She also stated that she will get this central website crsorgi -updated & fully digital so that lives of citizens is saved during this pandemic. On 25 August 2020, Deputy Registrar General (Ms Sandhya Singh)- received information (within 21 days) - filled in declaration by me form 2, copy of passport of my husband, , cremation certificate- all self attested by me, through email (p.parmita9@gmail.com) of my daughter (Pragya Parmita). 26 August 2020 & your staff confirmed receipt of my email addressed to you.

On 19 October 2020, Ms Sandhya Singh, Deputy Registrar General, Government of India stated - " I have already sent it to the state government for issue at that time itself... the moment I got your application, I sent it to the State Government".So, indeed, through Ms. S Singh, I had informed Government of India on 26 August 2020 within 21 days of my husband. Therefore there is no delay attributed to me in reporting, Clause 8 of the REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 has been followed by me. An email was sent to her regarding this delay by on 29 December 2020. On 30 December 2020, she asked the Director by email (Cc to me) to " take up the matter with the State CRBD". The email from Ms Prena Puri, Director haryana to 'Chief Registrar Haryana' dated 4 Jan 2021 referred to email received from you for 'information and action'.Still there was no response from Chief Registar Haryana & death certificate was not inssued, she was reminded by my daughter- Parmita through emails on 3/02/2021, 22/02/2021, 8/04/2021, 21/5/2021. On 21 May 2021 she reponded by email -" pls share your contact no to co-ordinate for issue of the certificate. i am really sorry that it could not happen till now. our Haryana Director will get in touch with you for the issue of the death certificate. i have spoken to her personally". However Haryana Director did not call as her father was hospitalised. Her P.A's named as Vikas  Bajaj Haryana Director. He asked me to email to Municipal Commissioner Gurgaon for death certificate of my father but asked me not to enclose the cremation certificate. However, next day, he called again  and  asked me to also enclose a cremation certificate.He specifically told me not to mention/refer to any correspondence with Sandhya Singh. In others words, Mr. Vikas Bajaj asked me that I should write to the Commissioner MCG taking full responsibility for the 'delay' in reporting the death of my father (died on 7 August 2020), not reported within 21 days to MCG).
 My daughter informed Ms Sandhya Singh, Dy Registrar General about the  contents of this telephonic conversation with Mr Bajaj by email on 25 May 2021.  Email attached
She  called my daughter  8 July 2021 and aked me  to register on the central website- crsorgi.gov.in, and fill in details of my father's death. However, this website registers death that has occured in the last 21 days, not before, so I am neither able to enter details nor able to upload the related documents. I infomed you this by email on 9 July 2021.  My daughter again emailed self attested forms,  copy of passport of my husband- self attested by my me, cremation certificate at haridwar- self attested by my me. which were sent aleady to her on 26 August 2020 by email, which she had sent to the Haryana Government on the same day.
My daughter requested  your intervention,during this ongoing unprecedented Covid pandemic, under Clause 22 of THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 so that without any more delay, I get my husband's death certificate by speed post. Ms Sandhya Singh  called me on 8 July 2021 and asked me  to register on the central website- crsorgi.gov.in, and fill in details of my father's death. However, this website registers death that has occured in the last 21 days, not before, so we were neither able to enter details nor able to upload the related documents. I infomed you this by email on 9 July 2021. My daughter again sent her a declaration by my me, form 2, copy of passport of my father- self attested by my me, cremation certificate at haridwar- self attested by me, which were sent to her on 26 August 2020 by email, which she sent to the Haryana Government on the same day.I requested  Sandhya Singh's  intervention,during this ongoing unprecedented Covid pandemic, under Clause 22 of THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 so that without any more delay, I get my husband's death certificate by speed post.
My daughter again emailed her on 21 July 2021.  asking  when can we expect to receive death certificate of my husband, who  passed away on on 7th August 2020, it will be one year since his demise. The undue  delay in issue of death certificate in ongoing Covid pandemic is causing more grief to already grieving family.
She called my daughter on 22 July 2021, and asked me to  upload all form/documents related to registration of my husband's death on the SARAL Haryana website, as desired by the Chief Registrar of Haryana.
My daughter informed Ms Sandhya Singh on 23 July 2021, on  SARAL Haryana website, only place for uploading these documents is filling in an Application for Delayed birth/death registration. Before accessing this page, a pop-up appears informing-  " Please create family Id from meraparivar.haryana.gov.in". The creation of this family  ID (Parivar Pehchan Patra) is not possible without physically visiting Kendras, Operators, hence risking of Covid infection. Without risking our life in this Covid pandemic to get this family ID, now I  cant even register  on SARAL Haryana website,  Application for Delayed birth/death registration with late fees. Moreover, this website indirectly informs that Adhaar number is mandatory for creation of family  ID. In other words, Adhaar card is mandatory for getting death registration in Haryana, contrary to the Registrar General of India's response to an RTI Application- " the requirement of Adhaar number is not mandatory for the registration of birth and death". (Hindu. 13 October 2020).  I doubted whether the Government of India has approved  this  adhaar linked family ID mandatory for registering deaths in Haryana, in contradiction with the Honourable Supreme Court of India.  I again brought to her notice that there has NOT been any delay in  reporting to the State Government of Haryana so Clause 8 of the REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 has been followed. Clause 8 of our constitution declares India a welfare State. In this Covid pandemic time, grieving  families should be provided access to a smooth digital facility for getting a death certificate and not be forced to move out of their homes and stand in long queues to get family ID, death certificate and risk getting infected by Covid.The risk from Covid is real. Two days ago the WHO director general Tedros Adhanom Ghebreyesus warned- "The pandemic is a test and the world is failing..I am often asked when the pandemic will end. My answer is equally simple: the pandemic will end when the world chooses to end it. We have the tools to prevent transmission, and save lives.". Ghebreyesus further said."anyone who thinks the pandemic is over because it's over in the area they live in, they are living in a fool's paradise,". My elderly mother's health is extremely vulnerable & has not fully recovered from the shock & grief of my husband's demise. No vaccine gives 100% protection.I requested  for her immediate intervention,during this ongoing unprecedented Covid pandemic, under Clause 22 of THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 so that without any more delay, I get my husband's death certificate by speed post.
However, Ms Sandhya Singh asked on 8 July 2021 to register on the central website- crsorgi.gov.in, and fill in details of my husband's death. But this website registers death that has occured in the last 21 days, not before, so I was neither able to enter details nor able to upload the related documents.
I again emailed Ms Sandhya Singh on 21 July 2021.  asking  when can we expect to receive death certificate of my husband, who  passed away on on 7th August 2020, it will be one year since his demise. The undue  delay in issue of death certificate in ongoing Covid pandemic is causing more grief to already grieving family.
Ms Sandhya Singh called me on 22 July 2021, and asked me to  upload all form/documents related to registration of my husband's death on the SARAL Haryana website, as desired by the Chief Registrar of Haryana.
I informed her by email dated 23 July 2021, on  SARAL Haryana website, only place for uploading these documents is filling in an Application for Delayed birth/death registration. Before accessing this page, a pop-up appears informing-  " Please create family Id from meraparivar.haryana.gov.in". The creation of this family  ID (Parivar Pehchan Patra) is not possible without physically visiting Kendras, Operators, hence risking of Covid infection. Without risking our life in this Covid pandemic to get this family ID, now I  cant even register  on SARAL Haryana website,  Application for Delayed birth/death registration with late fees. Moreover, this website indirectly informs that Adhaar number is mandatory for creation of family  ID. In other words, Adhaar card is mandatory for getting death registration in Haryana, contrary to the Registrar General of India's response to an RTI Application- " the requirement of Adhaar number is not mandatory for the registration of birth and death". (Hindu. 13 October 2020).  I doubted whether the Government of India has approved  this  adhaar linked family ID mandatory for registering deaths in Haryana, in contradiction with the Honourable Supreme Court of India.  I again brought to her notice that there has NOT been any delay in  reporting to the State Government of Haryana. Clause 8 of the REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 has been followed.Our constitution declares India a welfare State. In this Covid pandemic time, grieving  families should be provided access to a smooth digital facility for getting a death certificate and not be forced to move out of their homes and stand in long queues to get family ID, death certificate and risk getting infected by Covid.The risk from Covid is real. Two days ago the WHO director general Tedros Adhanom Ghebreyesus warned- "The pandemic is a test and the world is failing..I am often asked when the pandemic will end. My answer is equally simple: the pandemic will end when the world chooses to end it. We have the tools to prevent transmission, and save lives.". Ghebreyesus further said."anyone who thinks the pandemic is over because it's over in the area they live in, they are living in a fool's paradise,". My elderly mother is vulnerable & has not fully recovered from the shock & grief of my father's demise. No vaccine gives 100% protection.I requested  for her immediate intervention,during this ongoing unprecedented Covid pandemic, under Clause 22 of THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 so that without any more delay, I get my father's death certificate by speed post.

However, Ms Sandhya Singh  asked my daughter on 8 July 2021 to register on the central website- crsorgi.gov.in, and fill in details of my husband's death. But this website registers death that has occured in the last 21 days, not before, so I was neither able to enter details nor able to upload the related documents.
My daughter again emailed her on 14 June, 28 June 2021 that I still have NOT received the death certificate of my husband who died on 7 August 2020, though she had reported his death by email  to Ms Sandhya Singh. Dy Registrar General with all requisite documents on 25 August 2020, and she had informed the State authorities the very next day. As a law binding, honest  citizen of this country, I have fulfilled my duty of reporting within 21 days. I again emailed her on 14 June 2021 that I still have not received the death certificate of my husband.
I was given imcomplete, misleading information under RTI Act.

Ms Sandhya Singh asked 2 more times for the same filled in  forms & documents for issue of death certificate by Ms Sandhya Singh Dy Registrar General, Government of India on 9 July 2021, 26 July 2021. I am not aware why Ms Sandhya Singh, Dy Registrar General, Government of India asked us for filled in forms and documents, though she had already received them way back on 25 August 2020.

However, more than a year has been passed, death certificate has not issued.
Dy Registrar General (CRS) - Ms. Sandhya Singh at Office of Registrar General, Government of India, was holder of information since 25 August 2020.

The CPIO of Ministry of Home Affairs and CPIO of Office of Registrar General was aware that CPIO (CRS) is the concern CPIO who will provide requested information as its head, Dy Registrar General (CRS) - Ms. S Singh was holder of information since 25 August 2020.
CPIO & Appellate Authority are incorrect to state - "This office only deals with collection and releasing the data on registered births and deaths. The Central Government (office of Registrar General India -Census) has important role to play especially during this devestating Covid pandemic, which CPIO has chosen to downplay- Clause 22 of Registration
of Birth & Death Act which gives this office Power to give directions- "The Central Government may give such directions to any State Government as may appear to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule or order there under". On 25 August 2020, Ms S Singh, voluntarily, had asked us to sent her information and also stated that many other people are also informing her by email. In times of Covid Pandemic, CPIO and Appellate authority should have shown sensitivity and should have made efforts to collect certified copy of dealth certificate of my husband, but in vain.

CPIO as well as first appellate authority have disrespected RTI ACT (2005):
(1) CPIO as well as first appellate authority have not followed Section 6(3), Section 5(3) & (4) of the RTI Act.
(2) It is very unfortunate that concerned person- Ms Sandhya Singh, Dy Registrar General- (CRS) who also happen to be first Appellate Authority has NOT even bothered to reveal to CPIO, the names of all those people she had sent filled in my filled in forms & documents on 25 August 2020, 9 July 2021, 26 July 2021.
According to under Section 6(3) of the RTI Act CPIO should have transfered my RTI application with 5 days of the receipt of my application to CPIO of all concerned Public Authorities of the State Government of Haryana to whom Ms S. Singh, Deputy Registrar General -CRS (also first appellate authority under RTI Act) had sent filled in declaration- form 2, copy of passport of my husband, , cremation certificate all self attested by me . The first appellate authority also fail to respect Section 6(3), Section 5(3) & (4) of the RTI Act 2005.
(3) CPIO as well as first appellate authority have refused to recognise that Right to Information has an over-riding effect (Section 22 of RTI Act).High Court of Punjab & Haryana Decision on 5/10/2018:
Under the RTI Act, disclosure of information is a norm and refusal an exception. In other words, information cannot be denied under the RTI Act unless exempted from disclosure in accordance with Sections 8, 9 and 11 only. Section 22 as mentioned above leads the way to making the fundamental right to information a reality by enforcing it by simply invoking the provisions of the RTI Act. (Civil Writ Petition No.12016 of 2016)

Central Information Commission Order on 31/10/2017:
In the facts of the case, as they emerge from the above discussion, it is evident that none of the officials have exhibited sense of responsibility in transferring the RTI application to the appropriate custodian of information.Resultantly the RTI application passed through several irrelevant hands with no fruitful response. This callous and evasive attitude on the part of the public officials is very disturbing and the Commission is deeply concerned at the state of administration at the office of the Respondent. .. The officials seem more eager to escape their role ..... It is clear that if such important Public Offices are manned by officials who neither wish to perform their duty nor even identify themselves as the responsible officer,the day is not far when not only the RTI regime but the machinery as such shall collapse.
(Harinder Dhingra Vs Office of Registrar Coop. Societies. CIC/REGCS/A/2017/142267,
CIC/REGCS/A/2017/142265, CIC/REGCS/A/2017/142264)

High Court of Punjab & Haryana Decision on 5/10/2018:
(i) In case of any inconsistency between the provisions of RTI Act and other Act/law, the RTI Act shall prevail.
(ii) In case of an application preferred under the RTI Act where alternative procedure and conditions are prescribed under any other statute/law, the said application cannot be rejected and/or information denied on this ground. Such
application shall be dealt with under the provisions of the RTI Act.(Civil Writ Petition No.12016 of 2016)

In the light of above, I appeal that CPIO (CRS) should be directed to IMMEDIATELY
transfer my RTI application to CPIOs of all those public authorities, to whom Ms Sandhya Singh, Deputy Registrar General CRS had sent filled in declaration form, form no 2, copy of passport of my husband, cremation certificate- all self attested by me for death certificate of my husband and CPIO of those public authority be directed to issue certified copy of death certificate of my husband immediately and sent it to me by speed post and also report compliance to the Hon'able Commission.

There have been media reports, including by foreign media which point to underreporting of deaths in India. Other common man (like us) might have ben denied of even death certificate, aggrevating grief in the family. India's dismal low ranking in the recent happiness Index is not at all surprising.

The blatant question arises, why this information mislead me, despite all information was the death certification of my husband was not provided to me. Even under Birth & Death Registration Act, Ms Sandhya Singh, Dy Registrar General, has the authority to seek information from the Registrars in various States, as they are directly under her supervision.  Ms Sandhys Singh, Dy Registrar General also has the power to impose penalty on Registrars is they do not registrar Death & Birth in their respective States. This clearly proves that Ms Sandhya Singh, Dy Registrar General is balantly ignoring the plight my grief as a widow of my husband, that too during this Covid Pandemic. The response by the first appellate authority RTI- Ms Sandhya Singh, Dy Registrar General has no respect for the RTI Act (2005), rather she has  Intentionally tried to ignore the legal implications of the RTI Act.

Even under the Birth & Death Registration Act, Ms Sandhya Singh, Dy Registrar General has misused her authority and has denied certified copy of my husband's death certificate since last one & a half years.

Therefore, certified copy of my husband's death certificate should be provided to me immediately without further delay, under RTI Act (2005).

In the light of above, I appeal to impose penalty of Rs 25,000 on the CPIO for deliberately dis respecting RTI Act (2005), thereby mischeviously denying information. This kind of insensitive beahviour in this ongoing pandemic reflects the callousness towards the grieving family who is seeking a mere death certificate for more than one year.

Since I am Senior Citizen (75+ ys), I request for a hearing on a priority (age proof
enclosed)

Yours sincerely,


Pramila Sharma