Tuesday, November 30, 2010

Re: [RTI INDIA] Re: A Minor's Right to Information

Dear Mr.Roy,
In fact, the RTI Act 2005 has taken care of your concern too i.e. the need for representation of a minor by a major be he/she the parent or any other person. That is why the Act has put the burden of proof on the PIO only i.e. any applicant/appelant be he a major or minor needn't present himself before Appellate authorities to defend his case. And, as you know, most of the Appeal Procedure Rules for Information Commissions exempt the applicants/complainants/appellants from compulsory attendance in any hearing. Additionally he can authorise any person, not necessarily an Advocate, to represent his case before the 1st or 2nd Appellate authority in course of a hearing. Viewd thus, there is no burden or risk as such for a minor to incur if he applies or complains or appeals under the RTI Act. Rather there are positive benefits in store for the minors, should they seek to directly apply or appeal under the RTI Act.

Moreover, a regime change has meanwhile come to stay internationally, where 'rights of children' (such as right to education, health, nutrition, play, entertainment, and good environment etc.) are now given as much primacy as the rights of the adults. And to realise these rights, the children themselves need be made aware and enabled to exercise them. In this context, the children's right to information from the public authorities assumes added significance.   
Chitta Behera

From: sroy 1947 <sroy1947@gmail.com>
To: rti_india@googlegroups.com
Sent: Mon, 29 November, 2010 11:14:45 AM
Subject: Re: [RTI INDIA] Re: A Minor's Right to Information

Dear Sunil

Chitta and I are in the middle of a legal discussion.

The citizenship given to minors is an extension of the citizenship
of the father (prime guardian), or in the absence of the father the
mother (next natural guardian).

So a child has a right to travel abroad, but the father must apply for the
child's passport. Only now after a great deal of legal fight has the mother
been given the right to apply for child's passport. A child cannot apply for
his own passport.

In sum, a child/minor has rights, but they must be exercised for him
by an adult.
If you want to know more, enrol in law school.

On Tue, Nov 30, 2010 at 12:12 AM, Sunil Ahya <sunilahya@gmail.com> wrote:
> Dear Sarbajit,
> I believe every authority / body has limitations.
> For example, relevant to the present subject matter:
> A Legislature would neither be able to execute a legislation nor hold trials
> & decide cases under nation's laws,
> Likewise an Executive or the Judiciary would not be able to legislate.
> An Information Commission is an independent quasi-judicial authority. The
> legislature has not provided it with any rule making power, and also it does
> not have any powers to legislate a provision.
> An Information Commission derives all its powers from the RTI Act read along
> with all the relevant provisions of the law prevailing in the nation.
> Therefore irrespective of whether seeking information by a minor is correct
> or incorrect, justified or unjustified, an Information Commission will need
> the support of a provision in the law, for the time being in force, for
> denying information to a minor.
> I would appreciate if you can quote a specific legally valid provision in
> law, which an Information Commission can quote, while denying information to
> a minor under the RTI Act.
> (Parallel analogies may have analogous value, but no legal validity).
> Warm Regards,
> Sunil.
> On Mon, Nov 29, 2010 at 10:36 PM, sroy 1947 <sroy1947@gmail.com> wrote:
>> Dear Chitta
>> In addition to my earlier post.
> --
> It is not always the same thing to be a good man and a good citizen -
> Aristotle

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