Saturday, November 27, 2010

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

I don't want to talk about defn of citizen, I want to talk about order
32 rule 1 of CPC
and other things like that.

Let me give a small example

How is a violation of fundamental rights against a minor enforceable.
By writs u/a 32 or u/a 226 of Const ! Can a minor file a writ on his
own to these courts ? NO, because of CPC which is applicable to all
courts from munsif court to Supreme Court !

Why cannot a minor sue (apply in RTI) ? because if he loses who will
pay the costs for him ? Who is paying the fee for the RTI
application.and the supply of the information. Can a child deposit
court fees ? In any case the Indian Penal Code (what a wonderful law)
says that till 12 years of age a child has no intelligence and is
unable to contract.

Why only RTI Act ? Why cannot a child open and operate a banking
account with chequebook faciity. If the cheque bounces who will go to
jail ?


On Sat, Nov 27, 2010 at 11:15 PM, Sunil Ahya <> wrote:
> Dear Sarbajit,
> I would appreciate if you can elicit /elucidate the DEFINITION of a CITIZEN
> by quoting relevant Article/s of the Constitution of India as well as any
> other relevant provisions of law (i.e. acts, rules, regulations, case laws
> etc.)
> Thanks,
> Sunil.
> On Sat, Nov 27, 2010 at 9:25 PM, sroy1947 <> wrote:
>> Dear Sid (and everyone else who has replied later to this thread)
>> 1) IC Shailesh is an idiot.
>> 2) IC Shilesh is a 'bhada ka tattoo' (ie mule for hire) who has been
>> made to wear blinkers so that the only road he can see in front of him
>> is RTI Act. (and not the whole wide world around him).
>> 3) Minors have no right in law to file RTIs or Court cases (or to sue
>> or be sued) independently. They must always have an adult with them,
>> as their "next friend" / guardian. Its all there in CPC and other
>> special / procedural laws..
>> 4) Mrs Urvashi Sharma is trying to get cheap publicity to show that
>> her daughter age 9 (?) or is it 4(?) is the youngest RTI applicant. My
>> own son has filed a RTI application to a Central Govt regulatory
>> agency in Jan 2003 !!! (with fee) and they accepted it and gave the
>> reply (after lot of fighting) in May 2003. He was 2yrs 11 months when
>> he filed it. Based on this he filed a Writ in SC (at age 3 years) as
>> petitioner in person - I was his next friend - the Court; listened to
>> him carefully and dubbed him "learned counsel" (recorded in their
>> order) and passed an order which eventually caused "Hathaways" a loss
>> of 600 crore rupees.
>> Sarbajit Roy
>> On Nov 27, 5:59 pm, Sidharth Misra <> wrote:
>> > I have come across a news item where the UP SIC Sh Pankaj has rejected a
>> > Minor's appeal saying that she is a MINOR.
>> >
>> > IC Shailesh says that there's no such bar in the Act.
>> >
>> > Who is right ?
>> >
>> > If yes then How minor he/she can be ? ? ?
>> >
>> > Can any one throw some light on this ?
>> >
>> > Regards,
>> >
>> > sidharth
> --
> It is not always the same thing to be a good man and a good citizen -
> Aristotle

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