Outline: I am a 27 years old engineer based in Bangalore and my wife is a German citizen. We got married in Bangalore under Special Marriage Act and thereafter get my Marriage Certificate
Attested as per Hague Convention and modified my passport to include my spouse name. Now my wife is in Hamburg and trying to get an entry visa. The Indian Consulate at Hamburg had directed
Us to contact Ministry of Home Affairs, New Delhi, where I gave a representation on behalf of her and was told that MHA will direct the Hamburg embassy to give visa to my wife and son.
But since then several days have elapsed and nothing has moved.
In this circumstance, I am planning to send RTI requests to Ministry of Home Affairs and Ministry of External Affairs asking them the status of my wife and son's visa.
Now, I was thinking that whether I can seek information under right to life and liberty clause as I think right to live a family life with wife and son has been implicitly given to Indian Citizens under Article 21 of Indian Constitution.
But during my online research I found that there are instances in which authorities interpret the Life and Liberty in true meaning of the word..Like Life means to them your biological life...and going by their line of reasoning "my life is not under any imminent danger due to forceful separation from my family by the Indian Government"..But then judiciary has extended Article 21 in some landmark cases...
So, in this case I seek help from the members to tell me whether my right to live a family life comes under Right To Life and Liberty clause?
NEW DELHI: Central and state information commissions have sought more powers, demanding that their proceedings be considered as equivalent to "judicial proceedings" to deter authorities from withholding information and making their orders enforceable.
Speaking on the sidelines of a day-long information commissioners' conference here on Wednesday, CIC Wajahat Habibullah also pointed out the "clear contradiction" between the Official Secrets Act and the RTI. While OSA, he said, was designed by the British government to protect its rule over India, RTI fulfiled the purpose of a democratically elected government in which the people, in principle at least, are the rulers.
Habibullah also wanted the government to appoint more commissioners to ease the workload. In the past two years, every information commissioner was handling 125-130 cases per month and the entire commission was disposing of about 700 cases per month.
Though not satisfied with this strike rate, Habibullah said information technology and standard procedures had to be utilised to ensure more people, especially those in rural areas, benefited from RTI.
18 Oct 2007, 0210 hrs IST,TNN