By: M.S.Yatnatti: Editor and Video Journalist Bengaluru:: Pourakarmikas play a vital role in maintaining cleanliness of the cities. Under the Gruha Bhagya Yojana for Pourakarmikas, beneficiaries are given a grant of Rs Six lakh for the construction of houses, each at a cost of Rs 7.5 lakh. In the next two years, 4,500 houses would be constructed and distributed to pourakarmikas, who are permanently employed in various urban local bodies.It is pertinent to note that earlier also around more than 400 houses were given under Pourakarmikas and salevdeeds were provided , Gruha Bhagya Yojana and sale deed were executed and similar demands were made for 24 BBMP PKs who are residing in Jakkarayankere area whichremained to be executed sale deed by oversight and Government need to act on parity and without discrimination to other PKs in BBMP .I had asked PIO and ARO Gandhi Nagar Sub Dvision BBMP toprovide me information and reasons for not executing sale deeds as executed to other PKs in BBMPthe Sale of BBMP quarters to its occupants who are there for more than 35 years as per BBMP and UDD policy (Few sale deeds executed by BBMP were enclosed for reference) and action taken report under section 4(I) (a) (b) (c) (d) RTI Act in respect of application of BBMP PK and Gangaman Sangha dated 19-10-2016 and Shrimathi Venkatamma and others 23 persons No 11 Old Swar Lane PK ColonySheshadripuram Bengaluru -560020 dated 06--10-2016 for executing Sale deeds of BBMP quarters to its occupants vide order dated B 10 IR(N&W) 27 78-79 Dated 25-08-1978 and since then she and others other 23 persons PKs arestaying there and she is in possession and others were given possession certificates and sale deeds registered in their names and few are pending as per Government order UDD99MNG2000for Sale of BBMP quarters to its occupants. This information and reasons and action taken report need to be provided to me as per Guide on RTIto Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'affected person ' under rti act.In fact, it can be said that "Affected" refers back to an action. The"Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The ARO /BBMP office is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d).
The Constitution of India provides Fundamental Rights under Chapter III :These rights are guaranteed by the constitution. One of these rights is provided under article 21 which reads as follows:-Article 21. Protection Of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.According to legal experts "Though the phraseology of Article 21 starts with negative word but the word No has been used in relation to the word deprived. The object of the fundamental right under Article 21 is to prevent encroachment upon personal liberty and deprivation of life except according to procedure established by law. It clearly means that this fundamental right has been provided against state only. If an act of private individual amounts to encroachment upon the personal liberty or deprivation of life of other person. Such violation would not fall under the parameters set for the Article 21. in such a case the remedy for aggrieved person would be either under Article 226 of the constitution or under general law. But, where an act of private individual supported by the state infringes the personal liberty or life of another person, the act will certainly come under the ambit of Article 21. Article 21 of the Constitution deals with prevention of encroachment upon personal liberty or deprivation of life of a person.The state cannot be defined in a restricted sense. It includes Government Departments, Legislature, Administration, Local Authorities exercising statutory powers and so on so forth, but it does not include non-statutory or private bodies having no statutory powers. For example: company, autonomous body and others. Therefore, the fundamental right guaranteed under Article 21 relates only to the acts of State or acts under the authority of the State which are not according to procedure established by law. The main object of Article 21 is that before a person is deprived of his life or personal liberty by the State, the procedure established by law must be strictly followed. Right to Life means the right to lead meaningful, complete and dignified life. It does not have restricted meaning. It is something more than surviving or animal existence. The meaning of the word life cannot be narrowed down and it will be available not only to every citizen of the country . As far as Personal Liberty is concerned , it means freedom from physical restraint of the person by personal incarceration or otherwise and it includes all the varieties of rights other than those provided under Article 19 of the Constitution. Procedure established by Law means the law enacted by the State. Deprived has also wide range of meaning under the Constitution. These ingredients are the soul of this provision. The fundamental right under Article 21 is one of the most important rights provided under the Constitution which has been described as heart of fundamental rights by the Apex Court”. 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. The expanded scope of Article 21 has been explained by the Apex Court in the case of Unni Krishnan v. State of A.P. and the Apex Court itself provided the list of some of the rights covered under Article 21 on the basis of earlier pronouncements and some of them are listed below:(1) The right to go abroad.(2) The right to privacy.(3) The right against solitary confinement.(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) Doctors assistance It was observed in Unni Krishnans case that Article 21 is the heart of Fundamental Rights and it has extended the Scope of Article 21 by observing that the life includes the education as well as, as the right to education flows from the right to life.As a result of expansion of the scope of Article 21, the Public Interest Litigations in respect of children in jail being entitled to special protection, health hazards due to pollution and harmful drugs, housing for beggars, immediate medical aid to injured persons, starvation deaths, the right to know, the right to open trial, inhuman conditions in aftercare home have found place under it. Through various judgments the Apex Court also included many of the non-justifiable Directive Principles embodied under part IV of the Constitution and some of the examples are as under: (a) Right to pollution free water and air. (b) Protection of under-trial. (c) Right of every child to a full development.(d) Protection of cultural heritage.