If a private hospital refuses your RTI request (or the public authority PIO denies it), escalate through RTI's built-in appeals process, as mandated by Sections 19(1) and 19(3) of the RTI Act, 2005—success rates are high for patient records per CIC precedents.
RTI Appeal Process
File appeals even if the hospital isn't the direct target (public authority handles it).
Stage | Timeline | Where to File | Key Tips |
First Appeal | Within 30 days of PIO response/denial (or 30 days silence) | First Appellate Authority (FAA) of same public authority (senior to PIO, e.g., Director of Health Dept) | No fee; attach RTI copy, PIO reply. Demand records under MCI Regulations 2002. FAA decides in 30 days. |
Second Appeal/Complaint | Within 90 days of FAA order (or silence) | Central Information Commission (CIC) or State Information Commission (SIC) via rtionline.gov.in or post | No fee; cite CIC cases (e.g., Prabhat Kumar: private hospital records via regulator). CIC can impose fines on PIO for denial. |
Additional Remedies
Consumer Court: File under Consumer Protection Act, 2019 for deficiency in service (refusal of records); fast-track, low cost.[
Medical Council Complaint: Lodge with NMC/State MC under Ethics Regulations 2002; they can direct release and penalize doctor.
High Court Writ: If urgency (e.g., negligence), petition under Article 226 for mandamus.[
Track online at rtionline.gov.in; services like RTIwala assist for fee.[
CIC rulings affirm patients' rights override privacy exemptions here.
Disclaimer:
Why is a doctor talking about RTI?
Because healthcare is no longer in doctors’ hands.
Medicine was once an art of judgment and care.
Today it’s protocols, empanelment rules, heavy taxes,
and insurance fine print deciding treatment.
Silence isn’t professionalism anymore. It’s surrender.
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