UP SIC: Minor cannot file RTI application
RTI activists term the order 'illegal'
GN Bureau | November 29 2010
In a decision which has not gone down well with RTI activists, the
uttar Pradesh state information commission (SIC) has said that minors
cannot use the right to information (RTI) act .
"The girl would have to get her appeals and complaints filed through a
custodian or present a proof of her being a major so that she be heard
directly, says the order by Ranjit Singh Pankaj, chief information
commissioner, UP.
"Since the girl is a minor, she does not come under the definition of
a major as defined under the Indian majority act. The proceedings
under RTI are quasi-judicial in nature. In such a situation, no minor
can directly get involved in the RTI proceedings, be it filing of
appeals or complaints. Besides, as per civil procedure code, a minor
can file a complaint or appeal only through a custodian," it says
further.
The case relates to nine year old Aishwayra Sharma, class 4 student of
the Montessari school in Lucknow's Rajajipuram area.
In October 2009, Aishwarya wrote a letter to the chief minister's
office (CMO) informing her about the garbage heaps lying just opposite
the school.
Though the garbage was removed later, she was informed that the letter
was not traceable in the CMO.
The girl wanted to know who was responsible for misplacing the letter.
On not getting any satisfactory response from the CMO, Aishwarya moved SIC.
"This order is illegal. I can share several instances where minors,
even a third-standard student, have sought information under RTI in
Delhi," he said. There is no mention in the Act that minors have to
get their case represented through a custodian. The section 3 of the
RTI Act clearly mentions, `subject to provisions of this Act, all
citizens shall have the right to information," The Times of India
quoted RTI activist Arvind Kejrival as saying.
http://www.governancenow.com/gov-next/rti/sic-minor-cannot-file-rti-application
--
Urvashi Sharma
RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com
Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )
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