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

INDEED VERY NICE . Yes minors do have right to get information .

On Fri, Dec 3, 2010 at 7:34 AM, Sunil Ahya <sunilahya@gmail.com> wrote:

Dear Sarbajit,

I have perused the recent HC decision. The requested information has been denied only and only (emphasis laid) under section 8(1)(j) of the RTI Act, and the rest of the references / arguments are completely corroborative (supportive) in nature (especially sec. 15 of the Census Act, 1948).

Subsequent to the passage of Right to Information Act in 2005, in all the matters pertaining to disclosure or denial of information, RTI Act prevails over all the other relevant provisions in the law, except for the Constitution of India.

An information requested under the RTI Act, can ONLY be denied by quoting a relevant provision (exemptions granted) of the RTI Act, and CANNOT be denied by quoting any other provision in the law, other than the provisions in the RTI Act.

(SECTION 23 of the RTI Act is INVALID, but SECTION 22 of the Act is very much VALID; Sec.22 / 23 merits a separate discussion and would result into digression from the present subject i.e. the right of a minor to file a RTI).


Coming back to the present subject matter i.e. the right of a minor citizen to file a RTI application/ first appeal/ second appeal/complaint:

Driving (license) is a privilege, not a fundamental right; to travel abroad (passport) is a privilege, not a fundamental right etc.

 

Fundamental Rights conferred on a citizen are different from the Privileges conferred on a citizen.

What if a minor citizen is an orphan?

Does a minor orphan need a guardian to enforce his/her fundamental rights? What if a minor orphan cannot find a major who supports the minor's endeavor to enforce his/her fundamental right?

What if a minor is abused by the guardian him/herself ?

A minor may need to enforce his fundamental rights against the guardian him/herself?

Right to Information is a fundamental right guaranteed to a citizen under the Constitution of India and a minor citizen cannot be deprived of that right.

Irrespective of a major citizen's support or not, it is the duty and responsibility of the State, to oversee the enforcement of fundamental rights of a minor citizen, by rendering reasonable assistance to the minor citizen if necessary.

Best Regards,

Sunil.