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BiswasBiplaw

Hunger strike

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BiswasBiplaw

Hello, Does Peaceful hunger strike, peaceful agitation come under Life and Liberty?

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karira

In what context ?

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BiswasBiplaw

A person who is on hunger strike, a bona fide means of expressing protest, files RTI application to provide some information related to protest with a request to treat applcation under Life and Liberty for providing information in 48 hours.

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RAVEENA_O

LIFE & LIBERTY CLAUSE 7(1)

 

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) reads as "Provided that where the information sought for concerns the life OR liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

 

This proviso has to be applied only in exceptional cases. Whether the information sought concerns the life or 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 or liberty’ would result in a substantial diversion of manpower and resources.

 

 

The life or liberty provision can be applied only in cases where there is an imminent danger to the life and liberty of a person and non-supply of information may either lead to death or grievous injury to concerned person. Liberty of a person is threatened if she or he is going to be incarcerated or has already been incarcerated and disclosure of the information may change that situation. If disclosure of 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. 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, proviso of Section 7(1) cannot be invoked unless imminent danger to life and liberty can be proven.

 

Life Or liberty : discussion thread: http://www.rtiindia.org/forum/1584-right-life-liberty-clause.html

 

Life or Liberty – CIC decisions:

 

http://cic.gov.in/CIC-Orders/Decision_19042006.pdf

 

http://cic.gov.in/CIC-Orders/Decision_27062007_03.pdf

 

http://cic.gov.in/CIC-Orders/Decision_18072006_1.pdf

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MANOJ B. PATEL

In a decision, Suresh Singh v. PMO, Appeal No. CIC/WBC/ 2006/00066, decided on 19.4.2006 (CIC) it was held; Agitation with use of Ahimsa must be recognised as a bona fide means of expressing protest, therefore even if claim of concern for Life and Liberty is not accepted by PA, the reasons for not doing so must be given in writing in disposing the application.

In a case of Bhupendra Kumar v. Directorate of Training and Technical Education, Govt. of NCT, Delhi, Appeal No. CIC/WB/A/2006/00190 decided on 30.4.2006 (CIC) also decided as above.

 

Moreover, the application be accompanied with substantive evidence that a threat to life and liberty exists. (e.g. Medical report)

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