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  1. #25
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    Ganpat
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    Re: Right to Life And Liberty Clause


    Dear adv.ranga, your query has been merged with another discussion thread on the same subject already available here. Besides, you can browse through several interesting similar threads on the issue of "life & liberty" using the search box at the right side of the top band of every page.

    Please also go through the following success story of DineshK by using the "life and liberty" clause to highlight a civic problem.

    http://www.rtiindia.org/forum/11087-...ty-matter.html


    › Find content similar to: Right to Life And Liberty Clause


    Defeat is not final when you fall down. It is final when you refuse to get up.

  2. #26
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    Police are not providing the Information's concerned with Life and Liberty within 48 hours


    I am Suresh Menchirel, Founder and President of Mahiti Seva Samiti, Maharashtra an N G O for the awareness of R T I Act, Human Rights Consumer Protection, and Anti-Corruption Movement here by inform you that ‘Section 7(1)’, concerned with ‘LIFE AND LIBERTY OF A PERSON’ has been not implemented properly.
    Article 21 of the constitution of India gives the Protection of Life and Personal Liberty. Section 7(1) of R T I Act explains that the information’s concerned with life or liberty of person to be provided within 48 hours. The 48 hours also too long when it concerned with an illegal detention or custodial death. Hence the expression ‘within ‘means ‘as early as possible’
    No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law and this procedure must be reasonable, fair and just and not arbitrary, whimsical or fanciful.
    Article 21 assures the right to live with human dignity, free from exploitation. The state is under a constitutional obligation to see that there is no violation of the fundamental right of any person, particularly when he belongs to the weaker section of the community and is unable to wage a legal battle against a strong and powerful opponent who is exploiting him.
    The meaning of the word life includes the right to live in fair and reasonable conditions, right to rehabilitation after release, right to live hood by legal means and decent environment.
    Hence as per my opinion, any violation of Article 21 is concerned with life and liberty of a person and the said information’s to be supplied as early as possible ‘within’48 hours. If the present infrastructures are incompetent, then it is the duty of the Home Ministry to do the needful for the proper implementation of the said section of R T I Act? The following are a few matters concerned with life and liberty of a person
    (1) The right to go abroad.
    (2) The right to privacy.
    (3) The right against solitary confinement. Illegal detention, fake cases
    (4) The right against hand cuffing.
    (5) The right against delayed execution.
    (6) The right to shelter.
    (7) The right against custodial death.
    (8) The right against public hanging.
    (9) Medical and Doctors assistance.
    (10) Records of Criminals Etc. are treated as information’s concerned with life and liberty. No doubt, like any other law, People may be misusing the R T I Act but many State P I O’s and the Public don’t know the vast subject or meaning of LIFE AND LIBERTY hence a few people of India are using section 7(1) of the R T I Act.

    Regards to all and RTI INDIA.

  3. #27
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    Koorapati Sudhakar Choudary
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    Re: Police are not providing the Information's concerned with Life and Liberty within 48 hours


    Dear Mr Suresh,There is one website started by Kiran Bedi -saferindia.com for asistance wrt police complaints given by any person not registerd by police.Plz get register with it.It may be of some use to you.

  4. #28
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    Re: Police are not providing the Information's concerned with Life and Liberty within 48 hours



    Quote Originally Posted by presidentmass View Post
    I am Suresh Menchirel, Founder and President of Mahiti Seva Samiti, Maharashtra an N G O for the awareness of R T I Act, Human Rights Consumer Protection, and Anti-Corruption Movement here by inform you that ‘Section 7(1)’, concerned with ‘LIFE AND LIBERTY OF A PERSON’ has been not implemented properly.
    Dear Suresh,

    As you are the president of an NGO which is based on Right to Information Act, you should know that if the PIO does not provide you information in 48hrs under Section 7(1), then you can prefer an Appeal for deemed Denial of Information to the Appellate Authority or to the SIC directly under section 18 of the RTI Act.

    I don't know about every State's SIC, but the CIC has a fast track channel to tackle appeal cases of Information requested under 48 hrs.

    Secondly: you have posted in the wrong category as the current category is meant for new members to introduce themselves. Please put your query in future in "RTI Query" or "General Discussion" category
    _HOPE THIS HELPS

    _PRASHANT UIKEY



    Please Click on "STAR" or the "THANKS" symbol if you like my post.

  5. #29
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    Re: Police are not providing the Information's concerned with Life and Liberty within 48 hours


    CIC DECISION (EXTRACT) on LIFE & LIBERTY



    In the matter of N.N. Kalia vs University of Delhi, the CIC passed following observation about section 7(1), which might help you to understand the provision better.
    Proviso of Section 7(1) ... has to be applied only in exceptional cases..Whether the information sought concerns the life and liberty of a person has to be carefully scrutinized and only in a very limited number of cases this ground can be relied upon. The government machinery is not designed in a way that responses to all RTI Applications can be given within forty-eight hours. A broad interpretation of ‘life and liberty’ would result in a substantial diversion of manpower and resources ..

    The life and liberty provision can be applied only in cases where there is an imminent danger to the life and liberty of a person and the non-supply of the information may either lead to death or grievous injury to the concerned person. Liberty of a person is threatened if she or he is going to be incarcerated or has already been incarcerated and the disclosure of the information may change that situation. If the disclosure of the information would obviate the danger then it may be considered under the proviso of Section 7(1). The imminent danger has to be demonstrably proven. The Commission is well aware of the fact that when a citizen exercises his or her fundamental right to information, the information disclosed may assist him or her to lead a better life. But in all such cases, the proviso of Section 7(1) cannot be invoked unless imminent danger to life and liberty can be proven.
    Satyameva Jayate सत्यमेव जयते

  6. #30
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    R. MEHRA
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    RTI section 7(1) proviso


    If an application moved under RTI section 7(1) proviso for information to provided in 48hrs, under life & liberty, but was not considered due to insufficient cause for evoking life & liberty section 7(1) proviso, will it be considered by default for providing information in 30days or it will be rejected? what should be kept in mind while evoking section 7(1) proviso.

  7. #31
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    Re: RTI section 7(1) proviso


    (1). information is not provided in 48 hours you can file first appeal after the expiry of 48 hours.

    (2). However the PIO can provide information before 30 days.

    (3). To prove the guilt of the PIO, the burden to prove that info concerned with life and liberty rests on you.

  8. #32
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    Re: RTI section 7(1) proviso


    Quote Originally Posted by Prajna View Post
    ............... what should be kept in mind while evoking section 7(1) proviso.
    Please go through all the earlier discussions here.
    Defeat is not final when you fall down. It is final when you refuse to get up.

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