Friday, December 3, 2010

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

dear all
Sunil is correct when he says that
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.
Regards
dr jn sharma

On 12/3/10, raja bunch <bunch_raja@yahoo.co.in> wrote:
> Friends,U can draw a draught board on the field. Take it cool.
>
> --- On Fri, 3/12/10, sroy 1947 <sroy1947@gmail.com> wrote:
>
>> From: sroy 1947 <sroy1947@gmail.com>
>> Subject: Re: [RTI INDIA] Re: A Minor's Right to Information
>> To: rti_india@googlegroups.com
>> Date: Friday, 3 December, 2010, 4:30 PM
>> Dear Sunil
>>
>> Obviously we live on very different planets. I think it
>> would be
>> futile playing chess with you on a football field.
>>
>> Sarbajit
>>
>> On Thu, Dec 2, 2010 at 6:04 PM, 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.
>> >
>>
>
>
>

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