EDITORIAL

'Page 3' is p 1

Our Bollywood is a fantastic world. It can make us laugh. It can make us cry. It can hold a mirror against us telling us how ugly we can be in our doings. There are many who think that it overplays its part. That is true. After all, it is a field in which only those can survive who have big dreams of earning name, fame and something more in terms of creativity whether it concerns literature or human life. Like the flight of mind it has no defined barriers. In fact, it will cease to be itself were it to draw its limits. There is a play of words and images and only those who have the talent and learnt the nuances of the game know that it is tougher behind the glamour that the audience watches in awe in cinema halls and more fashionable multiplexes. We in this State can ask veteran Ramanand Sagar, Vidhu Vinod Chopra, Ved Rahi and latest entrant Mukesh Rishi how hard it has been to travel from Srinagar or Jammu to Mumbai. How difficult is it to overcome the crisis of anonymity and carve out an identity of one's own in an entirely new environment? There are many others who are on the periphery of the film industry waiting for the chance to get into the main arena. It is the hope that keeps them going. They know that they can succeed only if they keep trying. At times, one comes across the murky shade beyond the light and glitter. Some movies have projected the bitter reality: how Mafia dons influence the decision on star cast and how the weaker among aspirants fall victims to the lust and greed of those in a position to have the last .more

Terror and terrorists
still exist

From Arun Nehru

The terror attack on Ayodhya is repulsed and the terrorists are killed and we were 'lucky'. ..more

IAF in its own planning trap

By Uday Shankar Bajpai

How the air force was blessed with a multibillion-dollar Su 30 aircraft programme for ..more

A July downpour
TALES OF TRAVESTY

By Dr. Jitendra Singh

"It is nowhere mentioned in the history that for want of a rain coat the lover had to ....more

Global terrorism:
After 3½ years

By Sreedhar

The London bomb blasts on July 7 is a grim reminder that the US led war on terrorism that ....more

Repeal J&K Right to information act

By Dr Kulwant Singh

On the 15 June, the President gave assent to the Central Government's ground-breaking ....more

EDITORIAL

'Page 3' is p 1

Our Bollywood is a fantastic world. It can make us laugh. It can make us cry. It can hold a mirror against us telling us how ugly we can be in our doings. There are many who think that it overplays its part. That is true. After all, it is a field in which only those can survive who have big dreams of earning name, fame and something more in terms of creativity whether it concerns literature or human life. Like the flight of mind it has no defined barriers. In fact, it will cease to be itself were it to draw its limits. There is a play of words and images and only those who have the talent and learnt the nuances of the game know that it is tougher behind the glamour that the audience watches in awe in cinema halls and more fashionable multiplexes. We in this State can ask veteran Ramanand Sagar, Vidhu Vinod Chopra, Ved Rahi and latest entrant Mukesh Rishi how hard it has been to travel from Srinagar or Jammu to Mumbai. How difficult is it to overcome the crisis of anonymity and carve out an identity of one's own in an entirely new environment? There are many others who are on the periphery of the film industry waiting for the chance to get into the main arena. It is the hope that keeps them going. They know that they can succeed only if they keep trying. At times, one comes across the murky shade beyond the light and glitter. Some movies have projected the bitter reality: how Mafia dons influence the decision on star cast and how the weaker among aspirants fall victims to the lust and greed of those in a position to have the last word about their careers. Do real-life transcripts of Salman Khan-Aishwarya Rai conversation about a don's show in Dubai leave any doubt that the scenario can be even worse? Since the majority of writers, producers and directors are not hesitant to look at the shallowness of their lives they carry a lot of conviction when they take a close view of society as a whole. Who will not applaud, for instance, Vidhu's painstaking effort to translate Sharat Chandra Chattopadhyay's celebrated novel "Parineeta" on the celluloid? Indeed, it has been a good job which has been neatly executed. Nothing actually seems to escape the attention of film-makers whether it is the unenviable condition of women or hypocrisy of the total environment that man sometimes builds around himself.

Viewed in this background it is a cause of satisfaction that "Page 3" has been adjudged 2004's best national film. The movie makes a subtle comment on double standards prevailing in the so-called high society. Everybody swears by truth, integrity and sincerity but in reality he or she is not shy of indulging in deceit and exploitation. One acts or speaks according to what suits one's immediate interests. The movie bitterly touches the negative aspect of almost every walk of life including Bollywood. In general there is a tendency to swim with the current even if involves compromises at every step about which there are no qualms of conscience. It is not possible for the most enterprising journalist to expose scandalous happenings if those involved are high and mighty of the land. The lesson is to proceed guardedly, wait for the right opportunity and strike hard when the iron is hot. This requires tact, patience and a sense of timing. "Page 3" is truly "page 1" stuff is underlined by the honour it has received.

Terror and terrorists still exist

From Arun Nehru

The terror attack on Ayodhya is repulsed and the terrorists are killed and we were 'lucky'. Internal security systems cannot be entirely dependant on 'luck' and clearly the ease with which the miscreants cleared the outer defense show that much has to be done on our systems and this was a 'warning' that we cannot take things for granted. Terror and terrorists still exist be it in J&K, the North East or from our porous borders with Bangla Desh and Nepal and whether it is India or the UK where tragic events result in many deaths we cannot forget the immediate past and we have to plan for the future. Things are better after 9/11 and many Western nations which gave political sanctuary to alleged terrorists and their associates on grounds of political harassment no longer adopt a 'liberal' attitude and in many cases these very countries face terrorist acts from these 'refugees'! We are trying to normalize relations with Pakistan and this will continue but it will be naïve if we think that the terror camps and the terrorists created over decades will 'melt away' or listen to their former masters in changed political circumstances. All clandestine arrangements create strong vested interests and these can and do operate independently. Saddam Hussain was armed to the teeth by the West against Iran and Bin Laden was a freedom fighter against the Soviets but look at the turn of events as friends become enemies [works the other way also]. We in India have experience of the LTTE and Sri Lanka and clearly before 'extreme' groups or individuals are used for internal politics or external reasons a great deal of political deliberation is necessary. We can dismiss much of this to the 'Cold war' syndrome but today twenty years after the change terrorism continues to thrive as 'fresh' pressure points develop. The war in Iraq continues with huge loss of human lives and things in Afghanistan are far from settled and clearly India is very much on the 'terror map' of extreme leaders. We are always wiser by hindsight and I think it is in everyone's interest that 'instant' results are achieved with global pressure to isolate the instruments of terror and clearly 'isolation and speedy extradition' are a key to success.

Politics continues and we see a 'new' relationship pattern evolving with the Left and the Congress and besides the BHEL issue there will be matters pertaining to foreign policy and these by itself will generate their own pressure points. The Left clearly make the Third Front a alternative to the Congress from a 'possibility' status and displace the NDA/BJP who are pushed into third place and as Assembly elections unfold during 2006/07 many allies of both the Congress/BJP will gravitate towards the Third Front where their state interests are protected with a share of power at the Center. There are conflicts between the SP/BSP in UP and the SP/RJD [ Mulayam Singh/Lalu Yadav] but politics is the art of the 'possible' and 'numbers' drive ideology and political stances. The Congress to blunt the Third front have to secure a 'safe' base in UP/Bihar but this is not working out at the moment. The revival of the Babri Masjid case against LK Advani and others will help revive the BJP in UP and clearly the Congress is not learning from the past experience in this matter. The interesting thing to watch is that as the Left confront the Congress on economic issues the allies in the UPA [DMK/MDMK/TRS/NCP/JMM/RJD] side with the Left. PM Manmohan Singh along with the Economic team will come under intense pressure as 'reforms' are necessary but cannot ensure success at the 'ballot' box as the gains from the reform process are 'restrictive' to the upper and middle classes.

Inflation induced by the oil prices continues to hurt the weaker sections as prices of almost all items of daily consumption rise and better awareness increases the need for basic material objects.

The BJP spring to action after its very survival has been threatened by indiscreet remarks and interviews given by the RSS Chief who seems to be quite unaware of the ground political realities and I think the 'voting' public may well need a few months of consistency and action to feel that the party is functioning as a 'independent' political entity. Former PM Atal ji and the other BJP leaders come to the rescue of the party as they rally around the 'wounded' BJP President LK Advani but it took many months for all this to happen! The party has clearly lost the political momentum and decisive action is necessary to get the public confidence. Compromise and faceless leaders in the center and the states are no solution and affairs in UP are in a complete mess as the party faces 'extinction' over two election and clearly the BJP have to give the political charge to either Rajnath Singh or Kalyan Singh to move the party forward. Things in MP are no better and the Congress can well gain the initiative and record huge gains. The CM may be a good man and accommodate all political groups but survival rather than governance seems to be the pattern and this can be a disaster and clearly a 'change' is necessary to reverse the trend. Months of bickering and internal fights have weakened the party and unless the BJP President has decisive powers and ability to act with confidence the party will shrink. Dual power controls cannot work and as the Third front gains momentum the BJP will loose 'allies' and key political workers. The immediate test will be in Bihar and the JD[U] is clearly going to take little direction or interference from the ideology of the RSS/VHP and the BJP will be well advised to let the JD[U] lead the charge and make suitable adjustments in ticket allocations. The JD[U]/SP come closer and the RJD/LJP/

Congress have much to do in the next two months as 'election season' begins and a disaster in Bihar on either side can trigger many a change for the future.

IAF in its own planning trap

By Uday Shankar Bajpai

How the air force was blessed with a multibillion-dollar Su 30 aircraft programme for which no air staff requirement apparently existed has intrigued security observers. More so when its plea for a more modest advanced jet trainer had been languishing in ministerial files for some 12 years at the time. Recent articles in the media and more specifically the Justice Phukan commission report, while throwing welcome light on the subject, raise some issues of concern.

During the 1993 air show, the then air chief publicly stated that the Su 27 class of aircraft was irrelevant to India’s air doctrine. Yet by early 1995, the service was evaluating the Su 27. The short intervening period neither saw any change on the national security scene nor indeed was it adequate to evolve an air staff requirement for such a major weapon system. Clearly a conscious breach of institutionalised planning norms was resorted to, the reasons for which remain obscure.

We learn that on the eve of Russian elections in 1996, president Boris Yelstin asked the Indian prime minister to accept the Russian offer of Su 30 and make advance payments. He sought help as workers in the factory within his constituency had not been paid. Elections had been announced in India as well, and contrary to practiced wisdom, the cabinet approved release of $142.268 million to the Russian manufacturer. While such a major procurement decision by a lame-duck government may be termed an indiscretion, making payments in anticipation of a formal contract must certainly rank as a gross violation of financial regulations.

In pre-election posturing, the opposition in India made political noises and even met the president, but after some behind-the-scenes activity the matter subsided. There appears to have been a consensus that larger national interests justified such means. While this may well be true from a purely diplomatic perspective, one wonders whether damage to our own security institutions featured in the government’s calculations. Did the service leadership play its part by cautioning on the adverse impact of adopting a re-equipment methodology that violated the very essence of institutionalised military procurement? Did the service study what impact such an out-of-turn induction will have on its overall re-equipment plans? These questions become relevant in an environment where corruption in high places is no more an exception, where senior promotions in the armed forces are no more determined singularly on merit and a continuing systemic weakness within the armed forces headquarters remains that of planning decisions being command-oriented rather than collegiate.

This even raises serious concern about the cavalier approach to planning institutions built painstakingly over decades. Since the early Sixties, air headquarters have laid considerable stress on long-term planning. Early leaders recognised that the air force was both a technology and capital-intensive service with re-equipment planning requiring long lead times. Planners therefore needed to think of time horizons of twenty years or more.

The crucial process of air staff requirements formulation itself was one of evolution from bottom upwards with considerable interaction between all branches of staff - operational, planning, technical, financial and personnel - and involved external agencies like defence research and production, ensuring wide consultation and expertise. The process being progressive and collegiate would, in its life cycle, see frequent changes of personalities in various key positions, but its institutionalisation itself militated against non-professional course corrections.

An unwritten, but well understood, benefit of this institutionalised mechanism was that it shielded service leadership from undue external pressures. To those who may term such a fear as exaggerated, this writer can recall many such instances from the vantage point of both a mid-level planner and later as a deputy chief. It is to the credit of this institutionalised system that the air force was spared the trauma of getting mired in purchase scandals. That is, until the unholy saga of the Su 30.

Had the government chosen a contemporary aircraft in the light combat class (or even more of Mirage 2000, since they were already in service), this would have been in keeping with the air force’s long-term re-equipment needs. But opting for one of the heaviest fighters in the world with strategic reach makes light of the entire planning process. One has heard justifications that the Su 30 is a very good aircraft. This is true, but is it their case to say that we buy every good aircraft in the world, detached from our operational requirements and divorced from its cost of ownership implications? Indeed, the complex jigsaw that modern-day operational planning is, every weapons system, big or small, must integrate to provide a pre-planned composite operational capability.

A valuable lesson imbibed by air force planners at great cost from the Gnat aircraft was never to commit the service to a combat aircraft until it had been fully developed and evaluated. By evaluating a Su 27 in lieu of Su 30 weapons system, which did not exist, this lesson was ignored. Considering that during a joint IAF-CII seminar in February 1994, the air chief was extremely critical of the poor product-support from Russia, another casualty was product-support assurance over the system’s life cycle. This was compounded by common knowledge in international aviation circles (and by president Yeltisin’s request) that this company was in dire financial straits. Subsequent reports have implied contractual differences, delays and even claims that old components have been used. One wonders what were the pressures that led to such a huge gamble at service and national costs. Indeed one wonders which nation’s larger interests were better served?

Professional service leaderships are honour-bound to safeguard the services’ long-term operational interests and more particularly its institutions. In the early Nineties, the air force had no requirement for a fighter aircraft with strategic reach. Indeed, it was short of fighter pilots and had no known concepts to induct a new two-crew combat aircraft. Were crucial questions having a bearing on the overall long term re-equipment plans of the air force thought through? Were the strategic implications of inducting such a weapon system adequately debated within the services and the government? What changes necessitated such a reversal in its planning process and what roll-on effect would it have in all other areas of re-equipment? What would be the impact on the fighter pilot training requirements, leave alone on the fact that the AJT procurement would be further delayed (as subsequent events proved)? Were the budgetary implications of this project on future plans, including the MiG 21 replacement, made a factor in the decision? The most generous interpretation is that the government wanted the aircraft and the air force acquiesced.

Today the air force is short of its sanctioned combat aircraft force levels and wants to induct 126 new combat aircraft. It must perforce continue to support the indigenous LCA programme. News reports talk of serious gaps in air defence surveillance capability, itself a serious concern in the present nuclear environment. There are replacement needs like tactical transport aircraft, helicopters, air defence systems, space systems, unmanned vehicles and a host of other capabilities so essential for wielding air power effectively in the modern battlefield. Many capital-intensive programmes are ongoing and will need continued funding. Past budgetary allocations for air force capital schemes are inadequate to support even these ongoing schemes, leave alone meet the desire for more combat aircraft and other vital systems.

Now that we know that individual perceptions prevailed over institutional wisdom, it would appear that the air force finds itself into a planning trap of its own making. Those responsible for this sleight of hand have moved on and those in harness are left holding the baby! Modernisation of all the services has suffered greatly since the Bofors scandal erupted. On their part the services would do well to remember that indiscriminate modernisation is as detrimental to national security as is the lack of it. Merely striving for more may only result in unproductive modernisation. INAV

(The author is air commodore)

A July downpour
TALES OF TRAVESTY

By Dr. Jitendra Singh

"It is nowhere mentioned in the history that for want of a rain coat the lover had to defer a visit to his beloved. On the contrary, it is stated that he swam across the unfathomable ocean''. Thus speaks Amit, the hero of Rabindranath Tagore's ''Shesher Kavita''. And, a few pages later, taking a note book from his pocket, Amit tears out a leaf and writes ''Blow gently over my garden, wind of the southern sea; In the hour my love cometh and our eyes meet.''

A gente blow of July wind stealthily ripples through the raised follicles. As it has done every successive season. The four eyes meet. Only the participants change. The yearning flows incessantly, nevertheless. The scene remains unchanged. Year after year. Every monsoon season. A cloud advances from distant horizone. And the history of heart repeats itself. Revived by tiny rain drops!.

Images of the yore come back. From the times that were yet to see the advent of hi-tech gradgetry, cell phone et al. A familiar voice calling from the public booth. A clank of the coin and then an impatient ''Hello''. Over to a deserted suburb cinema hall. Rain drops rattle on dilapidated terrace. Capturing youthful passions! Dev Anand and Waheeda Rehman squeeze the shared moments within the confines of umbrella overhead. A tentalising spectre of romance majestically grips the black and white screen amid sultry notes of ''Rim Jhim Ke Tarane Leke Aayee Barsaat....''. Decades slip in a split second. The heart still longs.

On another day, monsoon clouds evoke a cry of loneliness. Solitude aggravated by downpour. Pain of a craving devoid of outlet. Burnt and weary, the wasted seed of age nonetheless joins in the rapturous chorus.

The downpour leaves behind a ruthless stream of gushing waters washing away roofless slums and frail footpath dwellings whose inhabitants are hardly aware of the elitist nuances of monsoon. But, their unsophisticated minds sense the wind running through the grass, the thrush in the tree tops, the inexplicable mirth of children dancing in rain with their pot bellies, the shrivelled faces brightened up for a brief respite.

A downpour outside. A downpour within. Glasses of sherry and wine passed on with a sparkle in the roving eye. A drink or two. And the twosome get closer. This is the playing ground of the rich and the elite. Much beyond the access of an ordinary mortal who skips a meal to go in for a bottle of beer that beats the humid afternoon.

For the common man who is struggling for a safe shelter, a square meal and a glass of clean water; a July downpour spells havoc and hardly romance, hunger and hardly feast. Begum Akhtar's voice fills in the void of Umapathy's lament ''Hum to Samjhe The Ke Barsaat Mein Barse Gi Sharab, Aayee Barsaat To barsaat Ne Dil Torh Diya''.

Global terrorism: After 3½ years

By Sreedhar

The London bomb blasts on July 7 is a grim reminder that the US led war on terrorism that began after 9/11 is far from over. In fact before July 7 many in the Western Hemisphere disagreed with Indian assessment that war on terrorism cannot be fought the way it is being conducted by the US and a combined effort by like-minded nations is necessary.

The immediate question that arises is where has the war on terrorism gone wrong? Foremost reason appears to be terrorism war became focused on one-man Osama bin Laden / one organization, al-Qaida. In the process other victims of terrorism like India even started maintaining a discreet distance from the US led war. With the result the war on terrorism became a western Hemisphere war and less of a global war.

This subtle distinction automatically resulted in some sovereign states in the Eastern Hemisphere continue to provide safe havens to terrorists. From the New Delhi perspective Pakistan and Bangladesh are providing safe havens to terrorists; and countries like Sri Lanka where Liberation Tigers of Tamil Eelam operates have turned in to training grounds for terrorists. And if the US media reports in October 2004 are to be believed, Osama bin Laden had even a sanctuary in People's Republic of China! The Chinese are said to have bouyat peace with Osama in return for pacifying muslims in the Xinjiang Autonomous region of China.

In countries like Pakistan, the situation is far more complicated. A section of the ruling elite in Islamabad consider it is their solemn duty to support organizations like al Qaida and Taliban. They perceive that the US led war on terrorism in reality is war against Islam. Now intelligence official across the globe accepts that Federally Administered Tribal Areas of Pakistan are providing safe havens to all terror outfits. If one goes by the captured terrorists and their hideouts, they are spread over right across Pakistan, whether it is Karachi, or Peshawar, or Multan or Lahore. And Pakistani media is full of reports about reopening of terrorist training camps in Pakistan from this April. No one has a clear answer why till today either Pakistani authorities or the US, though operating under new names does not dismantle organizations like Lashkar-e-Toyaba and Jaish e-Mohammad.

At another level, after the intial success in the war against terrorism, the US starting the Iraq war in March 2003 shifted the whole focus. The war in Iraq proved to be another rallying point to the al Qaida brand Islamic radicals. The US might have succeeded in effecting a regime change in Baghdad; but the Islamic radicals managed to plunge Iraq in to a civil war and demonstrated to the Islamic world how ineffective the US intervention could be.

As the civil war like situation in Iraq is unfolding, attacks on the new regime in Afghanistan also started. This signals the Islamic radicals are reenacting the war against the Red Army of the former Soviet Union in 1980s, in Iraq and Afghanistan.

If a repeat 1980s of Afghanistan takes place in Iraq, the radical Islamic groups like, al Qaida can claim that it had perfected the technique to confront the "infidel" (US)

Still at another level the financial support to Islamic radicals got further strengthened with covert patronage they have been receiving from some sovereign states like Pakistan and affluent in the Islamic world. With entire arms and ammunition of the Iraqi armed forces under Saddam Hussein are now freely available in the entire Islamic world, there is no paucity of weapons to fight the adversary in their territory.

Therefore, the strategy to fight terrorism has gone hay ware. And it appears with the opportunities provided by Iraq war, to fight the adversary, the Islamic radicals have regrouped themselves and launched fresh attacks in the western Hemisphere. The London bomb blasts appears to be the first, and one can anticipate some more in the coming weeks in other places.

In these circumstances what are India's options. Atal Behari Vajpayee, when he was prime Minister, almost disappointed with the attitude of US led war on terrorism after 9/11. He declared publicly that every country has to find on its own ways and means to combat terrorism. Indian policy of building fences all along the Indo-Pak border, better surveillance and intelligence coordination has neutralized many high profile terrorist attacks like London bomb blasts, the most recent being terrorist attacks on Ram Janambhoomi - Babri Masjid disputed site at Ayodhya, two days before London bomb blasts. In all these cases, terrorists failed to succeed because the Security Forces response was quick and decisive.

The Indian strategy, thus appears to be three fold:

Punish the people indulging in terrorism

Make it abundantly clear to the sovereign state supporting terrorism and violence through civilised channels that they cannot succeed; and

Create awareness among the international community about states and people supporting and indulging in terrorism and violence.

In the short run this may result in projecting India as a soft state; but in the long run terrorism and violence does manage to stay with in manageable limits. And over the years terrorism in principle loses its relevance.

Therfore, Dr. Manmohan Singh's plea that there should be cooperation among civil societies across the globe, and for a coordinated global effort to meet the challenges posed by terrorism and violence appears to be the only way out for coming out of vicious circle on terrorism. The earlier such an exercise started the better. Otherwise London bomb blasts like situations continue to take place as long as there are wars like one in Iraq and Afghanistan. -CNF

Repeal J&K Right to information act

By Dr Kulwant Singh

On the 15 June, the President gave assent to the Central Government's ground-breaking Right to Information Act of 2005. This Act, notified in the Gazette of India on 21 June, gives the citizens of India the right to request and receive public records from the Central Government so that they may hold government services and their bureaucrats responsible for their actions and inactions. As the Preamble to the Act eloquently observes: "democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed."

It is laudable the Parliament and the Central Government have officially recognized the importance of transparency in the Government. It is also laudable that the Central Government has now institutionalized the fundamental right of its citizens to obtain public records that would otherwise remain cloaked in the secrecy of the bureaucracy. Several states also deserve recognition for their earlier initiatives: Tamil Nadu and Goa passed such an act in 1997, Rajasthan and Karnataka in 2000, Delhi in 2001, Maharashtra and Assam in 2002, and Madhya Pradesh in 2003.

Unfortunately, nearly a decade after the Right to Information Act movement was launched across India, the Government of Jammu & Kashmir still does not have a meaningful Right to Information Act! On 5 January 2004, the Governor gave assent to the Jammu & Kashmir Right to Information Act of 2004, which was duly notified in the Gazette on 7 January 2004. However, the Rules were not issued for 18 months, rendering the Act nothing more than a scrap of paper! Only recently, on 30 June, the General Administration Department issued the Rules (SRO 181), which are expected to appear in the Gazette later this month, thereby enforcing the Act.

More importantly, however, the Jammu & Kashmir Right to Information act is a meaningless piece of legislation due to severe legal deficiencies. The Jammu & Kashmir Right to Information Act of 2004 was based upon the Central Government's moribund Freedom of Information Act of 2002, which lacked a) proper assignment of responsibility to bureaucrats, b) a proper appeals process against denial-of-requests, c) a direct penalty clause for officers who illegally withhold public information, and even lacked d) a proper notification in the Gazette of India. The Central Freedom of Information Act was so defunct that it was widely criticized in the media and by NGOs, and was later replaced earlier this year with the new Right to Information Act of 2005.

Similarly, the Jammu & Kashmir Right to Information Act of 2004 does not contain a proper appeals process or a direct penalty clause. For example, the J&K Right to Information Act of 2004 simply states that first appeals lie with the "controlling officer" of the concerned department, while second appeals shall lie with "the Government" [Sec. 9(1) and (2)]. It is absurd to presuppose that such an appeals process will favor the interests of the citizens of J&K, especially when there are vested bureaucratic interests within each department against the release of public information.

In another example, the J&K Right to Information Act of 2004 states that officers who fail to provide the requested information in the stipulated timeframe will be "liable, after such inquiry as may be required under rules pertaining to disciplinary action applicable to him, for imposition of such penalty as may be determined by the disciplinary authority under such rules" [Sec. 12]. Again, the burden is placed on the citizen to punish a law-breaking bureaucrat by seeking punishment through J&K's extraordinarily cumbersome and biased Civil Service Rules.

In contrast, under the Central Government's Right to Information Act of 2005, a citizen seeking information from the Central Government may submit a form and a nominal fee to the officially-designated Public Information Officer of each ministry, department, or semi-autonomous body. Citizens who are denied their requests or who do not receive the requested information within 30 days may appeal to the specially-constituted, independent, National Information Commission for reversal and/or punishment of the concerned officers (viz. Rs. 250 for each day of delay, with additional fines up to Rs. 25,000 as well as disciplinary action).

The Act also instructs the States to constitute State Information Commissions to review these requests at the State level. Already, the Governments of Goa and Karnataka have agreed to scrap their old laws in favour of the new Act, while Orissa and Meghalaya have agreed to implement the Central Act as their first Right to Information Acts. Meanwhile, there are media reports Delhi and Maharashtra plan to amend their old acts to conform with the new Act. Repeal J&K Right to information act

Therefore, it is high time for the Government of Jammu & Kashmir to follow the example set by the Central Government and these states by repealing the old, moribund, J&K Right to Information Act of 2004, and implementing the new Central Act of 2005. The citizens of Jammu & Kashmir deserve at least this much accountability from their Government.



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