Friday, December 3, 2010

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

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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