Once a party dies his/her death certificate cannot be termed as ‘Third Party Information’

In FAO (WCA) No. 417/2012 decided on 27.08.2021 decided by the Hon’ble Himachal Pradesh High Court

FACTS: Appellant/Applicant in the present matter preferred an application seeking a copy of the death certificate and the names and addresses of legal representatives of a deceased person. The information as sought for was denied citing Section 8(1)J and Section 11 of Right to Information Act, 2005. He sought direction to the Panchayat Secretary, Shingla, (District Shimla) to provide him a copy of the death certificate and the names and addresses of legal representatives of deceased.

Pursuant to Court’s order, the concerned PIO informed the Court that when the information was sought, the same was intimated to the wife of the deceased (whose death certificate was sought) that copies of Death Certificate, Legal Heir and BPL have been requested and it was asked as to whether the same in context to her husband shall be provided or not. Thereafter, the wife of the deceased had intimated the PIO that the details pertaining to her husband should not be provided to the Advocate/applicant. Accordingly, the Advocate/applicant was apprised by PIO that the said information cannot be provided as per Rule 8(1) and Section 11 of the RTI.

OBSERVATIONS: The Single Bench of the High Court observed that it was more than settled that entries in Birth and Death Register are public documents and admissible under Section 35 of the Indian Evidence Act and it is not necessary to prove, who made the entries and what was the source of information.

Further, it was observed that once a party has died, his death certificate cannot be termed a ‘Third Party Information’ as that information relates/related only to the deceased. Therefore, it cannot be termed to be a third party information so as to claim exemption from disclosure under third party information, as contained in Sections 8(1)(j) & 11 of the Act.

With the said observations, the Hon’ble High Court directed that whenever a copy of death certificate is demanded by any person or authority under Right to Information Act or even otherwise the same shall be given by all the Panchayat Secretaries in the State of Himachal Pradesh.