Monday, November 29, 2010

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

In continuation of my previous email.

The question before the UPSIC (as per media reports) was of the right
of the 8 year old child to file a Complaint to the Commission. This is
distinguishable from right to file RTI request.

The UPSIC which is a quasi-judicial tribunal exercising power of a
court for complaints u/s 18 quite rightly said that the minor is
barred by CPC r/w Indian Majority Act to participate directly unless
except through the guardian / custodian. Knowing something of the
custodian, the child would still have lost, thereby generating mental
trauma which would permanently damage the child's psychology, be
detrimental to the welfare of the child, and result in loss of
guardianship if any petition was moved under Guardians and Wards Act,
etc etc.

Sarbajit

On Tue, Nov 30, 2010 at 12:44 AM, sroy 1947 <sroy1947@gmail.com> wrote:
> 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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