Dr Raja Muzaffar Bhat
From last more than 66 days we are under a severe lock-down in view of COVID 19 pandemic. Government offices , post offices , schools , colleges , universities, courier services , shopping malls are closed. Public transport is off the roads. Having already witnessed a similar lock-down last year, I believe people in J&K are the worst sufferers of the ongoing restrictions. From August 5, 2019 on-wards we have almost been confined to our houses. Not only at political level have we people suffered but on other fronts as well people across J&K have suffered immensely.
As all Government institutions are almost shut, the role of online citizen services has gained momentum across the world. Online classes are held for students across the globe. Many private and Government offices do their work through video conferencing and other online platforms. But unlucky people of Jammu & Kashmir again have no access to all the online Government services in view of non availability of 4G internet service. Many students do attend online classes but they hardly see face of their teachers as video calls don’t work smoothly with 2G internet service and hence audio classes are conducted.
Some days back I went through an Article titled ” Online classes , a distant dream for rural students” by Ranjit Singh ( Daily Excelsior 30.04.2020). This gentleman had also expressed his anger over students of rural areas being deprived of online education in view of non availability of 4G internet service. Parents especially the educated mothers are trying their best to take care of education of their kids in lock-down. Children whose parents are illiterate or semi literate on the other hand are the worst sufferers as they have nobody to take care of their studies ? Neither do they have access to online classes nor can their parents help them out ? Through this piece I actually want to highlight another aspect which is related to People’s Right to Information. How can people seek information from Government in Lock-down ? The aggrieved can’t go to Govt offices , post offices are shut and courier service is not operational. What is the solution ?
Information under RTI
From last one month I am getting regular calls from people intending to seek information from Government under Right to Information Act (RTI). Most of this information is of great public importance especially funds spend on COVID 19 pandemic , supply of free ration, availability of medicines and life saving drugs , availability of N 95 masks, sanitizers and gloves at chemist shops. Nobody knows how to seek information as Govt offices are not working , transport is off the roads , post offices are shut. The only way out is seeking information through online mode but this service is not available in Jammu & Kashmir. On the other hand most of the central Government offices have this facility available for last many years. States like Maharashtra , Delhi , Telangana , Andhra Pradesh also receive online RTI applications through a designated portal and Rs 10 RTI application fees is deducted from the bank account of applicant in the same manner as is deducted during online shopping. On one hand J&K has been brought under the direct control of Government of India, but on the other hand services that are available with Central Government are not extended to J&K. Online RTI application filing is one such example. Infact Central Information Commission (CIC) has directed the Government to make COVID 19 related information available online as mandated under section 4 of RTI Act 2005. This includes expenditure incured on purchase of sanitizing chemicals , medicines and other equipments plus details of free ration being provided to non local labourers , people from lower income groups like AAY and BPL categories.
SC on online RTI
The Supreme Court last year gave four more weeks to the Center and 25 States to file responses on a plea seeking directions for setting up online RTI portals, enabling people to apply electronically for the information required instead of filing applications physically. The role of filing online RTI has become more important during this COVID 19 pandemic. A bench of justices N V Ramana, Sanjiv Khanna and Krishna Murari had expressed displeasure during the case hearing in October last year as the apex court had issued notice to the Center and States on the petition on August 26 2019. The States including J&K had failed to file the response before SC. The PIL in this regard was filed by a Delhi-based NGO ‘Pravasi Legal Cell’. The plea said the Centre has established an online RTI portal in which any Indian citizen, including NRIs, can apply for information under the RTI Act with the desired ministry or department. Pertinently Central Government in December 2013 had requested the state governments to explore the feasibility of implementing online RTI in their respective states but only a handful of States implemented the same.
Black-marketing
Under Section 4 (1) (b) of RTI Act 2005 Government departments are supposed to make voluntary disclosure of information that is of great public importance. Recently J&K Chemists and Druggists Association through a video posted on its face-book page claimed that there was no shortage of medicines and other medical supplies in Kashmir. On the other hand people are forced to buy N 95 masks and surgical gloves from black market. The N 95 mask which is to be sold @ Rs 97 per piece in retail market is sold @ Rs 270 to Rs 300 while as surgical gloves are sold three time more than the print rate . People would like to know under RTI about the availability of these products in market but how can this information be sought under RTI amid COVID 19 lock-down ? Does this mean that people don’t have the Right to Access Information during ongoing lock-down ? How can Govt deprive citizens of their right gauranteed under RTI law ? Does this mean under lockdown , no information will be provided to people ? What about pro active disclosure provision of RTI Act 2005 ? Lockdown is the best time to make proactive disclosure of information under section 4 of RTI Act 2005. Directors of Health Kashmir and Jammu , Deputy Commissioners , Directors of ULBs Jammu / Kashmir , Commisioners of Municipal Corporations of Jammu / Srinagar need to update people about amount spent on COVID 19 related work. Most of the Govt officials are doing great service , but the details must reach to public as well who believe that lot of corrupt practices are taking place. The only way out is to make the details of expenditure public district wise…
Conclusion
Many Government departments are spending huge public money to counter spread of Coronavirus , but who knows how much has been spent and where it has been spent ? Let there be transparency as Govt officials themselves are alleging that some of their colleagues are committing frauds. I had suggested to make the details of expenditure available through an online portal that could be updated regularly. This mandated under Section 4 of RTI Act 2005 (proactive disclosure of information) and CIC has also issued an advisory in this regard. Officials working with essential services departments allege that chemicals and other material used in ongoing pandemic has been purchased on exorbitant rates by their seniors. If this is only an allegation let the authorities make voluntary disclosure about all the purchases made during last 1 month ? If people can’t get Rs 10 postal order or have no access to Govt offices or cannot send RTI applications via speed post or courier , what is the way out ? The only way out is to start an online RTI portal that is linked with General Administration Department’s (GAD) website.
(The author is Founder & Chairman of J&K RTI Movement)
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