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

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.
>