Jammu & Kashmir Right to Information Act 2009 (J&K RTI Act 2009) will complete 10 years of its enactment within a few days. I can’t believe 10 years have passed since state legislature enacted this historic law. After 10 years if somebody asked me to make a brief commentary around RTI regime in Jammu & Kashmir, I can’t hesitate to say that Government and some of its affiliated institutions are trying their best to defeat the process of this law. I will soon authenticate my claim through a book, but for readers I am quoting few instances.
RTI awareness
Government is under legal obligation to undertake awareness about RTI Act. Section 23 of J&K RTI Act 2009 directs the Government to conduct awareness camps, workshops and seminars for citizens towards understanding of this law. Special emphasis is given on awareness of people from disadvantaged communities. In addition to it Government has to train its officials especially the Public Information Officers (PIOs) and sensitize them about the provisions of the law. When Government failed to do so JK RTI Movement was forced to file a Public Interest Litigation (PIL) before J&K High Court. The Court disposed off our PIL within a few months directing Government to create awareness and to make voluntary disclosure of information under section 4 and 23 of JK RTI Act 2009. But Government continues to violate the law even the High Court orders and we will be now filing a contempt petition.
Government exposed
When the PIL on RTI implementation was filed, Government got exposed vis a vis conducting training RTI workshops for its citizens and designated officers. When details of such workshops was submitted before the Hon’ble High Court, it was shocking to know that mere two RTI workshops had been conducted in 3 years (until Oct 2018) by the Government through Institute of Management Public Administration & Rural Development (IMPARD). During these two workshops mere 42 officers had been trained. For the kind information of Hon’ble Governor from 2011 to 2013 more than 75 such RTI workshops were conducted by IMPARD wherein more than 2500 officers were trained. Now Govt is not even training its own officials, leave aside poor citizens.
For awareness of citizens Government has failed completely. Ironically a false information was submitted by an Additional Deputy Commissioner to General Administration Department (GAD) wherein the officer claimed that 617 RTI workshops were conducted in Rajouri for citizens during last 6 to 7 years. GAD submitted the same details before Hon’ble High Court. When this author sought the participants list, photos, press releases, videos and other details of the 617 RTI workshops by filing an RTI application, the official said that no photos, videos or official press releases were available.
We make videos and take photos of small gatherings, how is it possible that there is not even a single photo or a video or participant list of entire 617 RTI workshops? Rest of the DC offices submitted that they held 20 to 25 RTI workshops for citizens at an average, how is it possible that in Rajouri more than 600 workshops would have been conducted? I am following this case and would submit all this misleading information before the Hon’ble High Court soon. Irony is that senior Govt officials are now lying even before higher judiciary ?
Conclusion
Government is not only defeating the institution of RTI but it is withholding Freedom of Press as well by gagging the freedom of expression and speech. Creating a pressure on local press by way of stopping Government advertisements to Greater Kashmir and Kashmir Reader is nothing but a pressure tactic to stop flow of information. Even after 10 years of RTI regime in J&K, if the institution of RTI has not flourished, it indicates something is wrong somewhere ? Let this article be a wakeup call for Governor and his Advisors….
Dr Raja Muzaffar Bhat is Chairman of Jammu & Kashmir RTI Movement