Minors cannot use RTI Act,says UPIC; but CIC disagrees

Chief Information Commissioner at the Central Information Commission,A N Tiwari,said the Act is not only to be used by those above 18 years of age. “There is no restriction on the age limit. The Act allows a citizen of India to file the application,” he said.

The case in point is nine-year old Aishwarya Sharma,who had approached Chief Minister Mayawati’s office with a handwritten complaint on a notebook page regarding a garbage dump in front of her school. Seeing no action,she sent her RTI application seeking to know rules under which garbage dumps can be allowed in front of schools. Faced with such questions,the officials informed her that the office has not received the application.

Aishwarya shot off another application seeking to know the number of such letters that have gone missing from the CMO and officials responsible for misplacing her letter.

The LMC,meanwhile,removed the garbage dump,but no details about her questions were provided by the CMO.

When the case reached the State Information Commission (SIC),Chief Information Commissioner Ranjit Singh Pankaj held that the applicant is a Class III student (at the time of filing application),who is prima facie a minor and does not come under the definition of major in the Indian Majority Act. Pankaj said any complaint or appeal under the Act is a qasi-judicial proceeding and a minor cannot act in the RTI Act. He asked Aishwarya to present her appeal through her guardian. Section 22 of the RTI Act states: “Provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act,1923,and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.”

“The SIC’s rejection of application does not stand. Age is not a criterion to seek information. Second provision of the Indian Majority Act does not apply because of overriding powers of the RTI Act,” said Urvashi Sharma,a civil society worker.