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.

See related report below