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“Opaque System”: Patna HC Pulls Up Nitish Government Over Secrecy In Death Numbers

For whatever reasons, the state’s reluctance to publish the number of fatalities during the Covid pandemic period was uncalled for and not protected by law, the court categorically stated.

Bihar’s Nitish Kumar government was once again pulled up by the Patna High Court on Saturday for what it called an “opaque system” of maintaining birth and death records. For whatever reasons, the state’s reluctance to publish the number of fatalities during the Covid pandemic period was uncalled for and not protected by law, the court categorically stated.

The state’s digital portal, which is supposed to be displaying relevant data but has not since 2018, should be updated, the court ordered. It also said that elected representatives must also disclose such data within 24 hours.

The Bihar government led by Nitish Kumar has recently come under fire for considerably undercounting the number of deaths related to COVID-19.

The high court on Saturday, while quoting a 1975 Supreme Court order, said: “To cover with a veil of secrecy, the common routine business, is not in the interest of the public. Such secrecy can seldom be legitimately desired.”

“As simple as it can be, the issue is as to whether more than ten crore people of the state of Bihar have a right to know, on a digital platform, the number of deaths that occurred in Bihar during the time of COVID-19.”

The right to information is a facet of Article 21 of the Constitution, the court reminded the government. Therefore, it said, the government of Bihar is under an obligation to the residents of the state to provide information on the digital portal the number of deaths that have occurred during the pandemic.

It has found the government’s digital portal opaque, the court observed, and ordered authorities to take steps to “integrate ease of access” in consonance with the larger aims of Digital India.

“The annual reports that are to uploaded on the digital portal have not been since 2018. Therefore, it is directed that the same be carried out within the next two months,” the court said.

“Elected representativesā€¦are duty-bound to disclose the number of deaths that occurred in their constituencies within 24 hours.” the court ordered.

 

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