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

Some of the leading SC cases on child rights

Gita Hariharan v RBI
http://www.indiankanoon.org/doc/1241462/

Jijabai Gajre v Pathan Khan (1970/71)
Link not available online.

On Dec 3, 7:26 pm, "Dr. Jagnarain Sharma"
<dr.jagnarainsha...@gmail.com> wrote:
> 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_r...@yahoo.co.in> wrote:
>
> > Friends,U can draw a draught board on the field. Take it cool.
>
> > --- On Fri, 3/12/10, sroy 1947 <sroy1...@gmail.com> wrote:
>
> >> From: sroy 1947 <sroy1...@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 <sunila...@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.