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  1. ashakantasharma

    DEFINITION OF RIGHT

    DEFINITION OF RIGHT An entitlement to something, whether to concepts like justice and due process, or to ownership of property or some interest in property, real or personal. These rights include various freedoms, protection against interference with enjoyment of life and property, civil rights enjoyed by citizens such as voting and access to courts, natural rights accepted by civilized societies and human rights to protect people through out the world from terror and torture. Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are often considered fundamental to civilization, being regarded as established pillars of society and culture, and the history of social conflicts can be found in the history of each right and its development. The connection between rights and struggle cannot be overstated. Rights are not as much granted or endowed as they are fought for and claimed, and the essence of struggles past and ancient are encoded in the spirit of current concepts of rights and their modern formulations. The Modern English word right derives from Old English riht or reht, in turn from Proto-Germanic ‘riχtaz’ meaning "right" or "direct", and ultimately from Proto-Indo-European ‘reg-to’ meaning "having moved in a straight line", in turn from ‘(o)reg'(a)’ meaning "to straighten or direct". In several different Indo-European languages, a single word derived from the same root means both "right" and "law", such as French droit, Spanish derecho and German recht. Rights are widely regarded as the basis of law, some theorists suggest civil disobedience is, itself, a right, and it was advocated by famous thinkers. There is considerable disagreement about what is meant precisely by the term rights. It has been used by different groups and thinkers for different purposes, with different and sometimes opposing definition and the precise definition of this principle, beyond having something to do with normative rules of some sort or another, is controversial
  2. In reply got a letter which has anneure as per language but the same has not been provided. The letter contains refrence of 2 letters is my asking the reffered letter is not justified
  3. Hello, I have filed an application with CPIO, CSIR for information and I get a reply that the information as sought by you does not fall under the definition of information as provided under section 2(f) of the act. It says "Further CIC in its order dated 21.4.2006 in Appeal No. CIC/AT/A/2006/00045 in the case of Dr. D V Rao Vs APIO, Deptt. of legal Affairs, New Delhi has clearly held that the RTI Act does not cast on the Public Authority any obligation to answer the query. Therefore, when the applicatant under RTI attempts to elicit answer to his question with prefix such as why, what, when and whether, the Authority is not obliged to give reply to such query." I would like to know from the experienced members of the forum whether the following query can be rejected under the above claim by the CPIO, that too under the false pretext that no policy for safety exists while in fact it does have one but not being implemented. PIO, CSIR in response to an earlier application responded thus: “.. no such instructions/document named as ‘Safety Policy’ has been issued by CSIR Headquarters, hence document/information in this regard is not available in CSIR Headquarters.” [Lr. No. 46-2(306)/2006-RTI]. Is there any document that deals with responsibilities towards safety of employees in CSIR whatever the name of the document? If so provide a copy. Can CSIR deny the right to life guaranteed under the constitution of
  4. sidmis

    Definition of 'Information'

    Definition of 'Information' Posted by shailesh gandhi on Thursday, July 10, 2008 When using the Right to Information, it is necessary to understand what is 'information'. We will look at the definition given in the Act and then attempt to understand what it means. The Act defines 'information' in Section 2 (f): 2 (f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; Comments: In simple terms it means that information is anything, which exists in any form with a public authority. The specific instances –records, documents, memos, emails, opinions, advices,...,reports,..... samples,models,.. are merely meant to illustrate the broad scope. Clearly file notings are opinions, legal or other opinions obtained by Public authorities, or various reports received by them are all covered. This also lays down a very important principle. Information relating to any private body, which may not be covered by the definition of 'Public Authority' (given in Section 2 h), can be obtained through a public authority if the law allows the public authority to access it. Thus if any public authority has the right to ask for any information under the law from a private organisation-which is not a public authority;- the Citizen can ask for it from the public authority. A few illustrative examples of how information may be obtained from institutions which are not Public authorities: a) Information about a private bank can be obtained from the regulator –Reserve Bank of India,- if the law permits RBI to ask for it. Most information of any significance can be accessed. b) Information about a private unaided school--from the education department. c) Information about a Public Limited Company –from the Registrar of Companies or SEBI if the law empowers them to ask for it. d) Information about a Cooperative Society-from the Registrar of Cooperative Societies. e) Information about Trusts-from the Charities Commissioner. There is some difference of opinion on whether the term 'accessed' means any information which the authority can ask for under various provisos or the information which the authority is usually supposed to get under the law. As an example: The Labour office requires certain information to be submitted at certain intervals- this certainly can be accessed under Right to Information, since all information with the State is held on behalf of the Citizen. However, the labour office during an investigation, can access virtually all the records of an organisation which normally would not be done. Some RTI users argue that this proviso can therefore be used to mean any information of a private organisation can be obtained through any Public authority by invoking the special investigative powers of the Public authority. Such a wide interpretation would actually mean that all private organisations could be forced to disclose all the information with them. Most Commissions do not agree with this view, and I am inclined to agree with their view. Only the information normally accessed by the Public authorities come under the ambit of RTI. On the other hand all information with the Public authority, is certainly information covered by the Right to Information Act. The Public authority holds the information on behalf of Citizens-the owners and masters of the Government,-on their behalf. Shri Laxmi Chauhan had asked for certain information from the PIO of the Ministry of Mines about BALCO. This was refused by the PIO. The CIC in its decision in this case in No.CIC/AT/A/2007/00389 has categorically stated, "The information must be available in the annual report of the company, which under law is to be submitted to shareholders. Being a shareholder of the company, with representation on its Board of management, the information sought must be available with the Ministry of Mines, and what is available with the Ministry cannot be denied to an applicant under the Right to Information Act." Thus, once any information is with a Public authority, it is information available to any Citizen under the Right to Information Act, subject to the provisions of the Act. Repeatedly, the Act recognises that what is with the Government is on behalf of the Citizen, who is the rightful master. by shailesh gandhi The above article is posted by sri sailesh gandhi in his blog post here. Satyamevajayate: Definition of 'Information'
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