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

It seems that perhaps the Hon'ble CIC Sri Pankaj is totally ignorant about RTI act. Sec. 3 of the Act clearly defines the word "CITIZEN" and no where in the Act it is explicitly stated that minors can not use this Act. In fact on Minors testimony there has been a High Court ruling that if the Minors is able to ffully understand that even during the Enqiry proceedings the Minor's testimony can be relied upon. A very pertinent question is "Is a minor not a citizen of India? If he or she is then where is the ambiguity in citizents definition as provided in the RTI Act? We must unite and ask Urvashi to file a writ petition in the Hon'ble High Court and we all should stand by Urvasi in fighting out this arbitrary illegal order of Sri Pankaj the Hon'ble CIC of UP State Information Commission. Dr. NIRAJ KUMAR C-4/8, RIVER BANK COLONY LUCKNOW - 226018 INDIA Mob.: +91+9415787095 --- On Fri, 3/12/10, Dr. Jagnarain Sharma <dr.jagnarainsharma@gmail.com> wrote: From: Dr. Jagnarain Sharma <dr.jagnarainsharma@gmail.com> Subject: Re: [RTI INDIA] Re: A Minor's Right to Information To: rti_india@googlegroups.com Date: Friday, 3 December, 2010, 7:56 PM 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. >> > >> > > >