Dr Raja Muzaffar Bhat
For last more than 3 years now J&K Government hasn’t bothered to train its Public Information Officers (PIOs) and First Appellate Authorities (FAAs) designated under the Right to Information Act (RTI). Even as Central RTI Act 2005 has been extended to J&K with effect from October 31st2019 ,Govt hasn’t bothered to hold a handful of capacity building workshops for the designated officers. Even before article 370 was intact hardly any awareness programmes were held on RTI Act between 2015 to 2018inspite of the fact that there was provision in the erstwhile law (under section 23 of the J&K RTI Act 2009) about such awareness and training programmes.
When the PDP-BJP Government failed to act, I was forced to seek judicial intervention in 2018 by filing a PIL before the High Court of Jammu & Kashmir. It was surprising to know that only two RTI workshops had been conducted between 2015 and 2018. This was revealed by the government in a written response before the High Court. The J&K Institute of Management Public Administration & Rural Development (IMPARD), had organized these workshops in which 42 officers, mostly Public Information Officers (PIOs) and First Appellate Authorities (FAAs), were trained.
Misleading info by DC Rajouri
In response to my PIL, surprisingly, a false information was submitted by the then Deputy Commissioner, Rajouri, to the General Administration Department (GAD). It was claimed that 617 RTI workshops were conducted in Rajouri for citizens between 2012 and 2018. GAD submitted these details to the High Court.When I sought the participants’ list, photos, press releases, videos and other details of the workshops by filing a separate RTI application, the DC office Rajouri said no photos, videos or official press releases were available. I submitted a counter statement before the High Court exposing the DC office Rajouri, but the PIL on J&K RTI Act 2009 became automatically infructuous after abrogation of Article 370 as the said law was also repealed.
In contrast to this, between 2011 and 2013, more than 75 RTI workshops were conducted by IMPARD, in which more than 2,500 Government officers were trained. This was also revealed through a written response by the Government to the High Court.
In addition to it, G R Sufi and KhurshidGanai, former State Chief Information Commissioners, also conducted several RTI and sensitisation workshops in various districts of J&K and Ladakh. The government also failed to digitise its record and make its voluntary disclosure, as mandated under the J&K RTI Act 2009. There is a similar provision in RTI Act 2005. Ganai issued at least three circulars between 2017 and 2018 to the government, but there was always a lukewarm response from public authorities.
Situation must be bad now
The situation is much worse now. In spite of the Lt-Governor’s intervention on digitization of Government records and updation of websites, Government officers are least bothered. The Commissioner Secretary GAD even issued a circular and gave a deadline of February 18, but nobody knows what happened after that ? I had brought this matter to the notice of the L-G, ManojSinha, during a meeting on January 18, 2021. The Govt websites continue to be in shambles. The information on J&K RTI Act 2009 continues to be there on many official Govt websites which includes the official website of Higher Education Department, Industries and Commerce Department, Jal Shakti Department and many others.
No workshops held
I had never imagined that a time would come when not even two dozen officers would be trained by the government in three years. From June 18, 2018, soon after the BJP withdrew support to the PDP-lead government in J&K, we are directly ruled by the centre. Now RTI Act 2005 has been extended to J&K, creating many difficulties for us. The people of J&K and Ladakh have been deprived of a separate State Information Commission. We file our 2nd appeal before the Central Information Commission (CIC), where it takes years to get justice. We feel disempowered. I am now planning to file a fresh PIL on non-implementation of RTI Act 2005.
Isn’t it the duty of the present government to make the designated FAAs and PIOs aware of the provisions of RTI Act 2005? Those trained between 2011 and 2015 have retired or been promoted to higher posts. Who will reach out to the people, especially those living in far-off regions in J&K and Ladakh? Don’t these people have the right to access information from the government?
Has any district administration conducted any RTI awareness programmes in Kargil, Zanskar, Drass or Nubra areas of Ladakh in the last three years? Has any workshop on RTI been organised in Poonch ,Kupwara or Kishtwar? Unfortunately, the government has not even trained its designated officials in Budgam district, which is located near Srinagar. In January this year, under RTI Act 2005, I sought details about such awareness programmes/workshops in Budgam conducted between November 1, 2019 and January 2020.
The Assistant Commissioner Revenue, who is the designated PIO in the deputy commissioner’s office, Budgam, gave me a misleading reply. He said information is not available in the repository of his office. I didn’t ask for a 40- or 50-year-old official record.
I don’t blame the poor PIO, but the authorities at the helm are to be blamed. After all, they had claimed that people in J&K would get effective governance and corruption would end after the abrogation of Article 370. Unfortunately, people are not even able to seek information from a Tehsildar or a Block Development Officer (BDO). Is this a responsive administration? Was Article 370 abrogated for all this?
Legal Obligation on Govt
The Government is under a legal obligation to make people aware about RTI law, plus hold training sessions for designated officers so that they have a better understanding of the RTI Act. Section 26 of RTI Act 2005 says that the Government has to develop and organise educational programmes to advance the understanding of the public, in particular disadvantaged communities, as to how to exercise the rights contemplated under the RTI Act.
Section 26 of RTI Act 2005 further reads: “Encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves. Promote timely and effective dissemination of accurate information by public authorities about their activities and train Central Public Information Officers or State Public Information Officers, as the case may be of public authorities and produce relevant training materials for use by the public authorities themselves.”
Conclusion
By not creating awareness about the RTI Act, the Government is not only defeating the institution of RTI in J&K, but depriving people of freedom of expression and speech as well. The government will have an excuse of Covid-19, but what has stopped it from having online sessions on Zoom, Skype, Google Meet, etc? If the government was sincere, hundreds of officials could have been trained through these online platforms in the last one year. Why can’t Govt do it now ? Let the Deputy Commissioners and HoD’s be given a clear direction to hold at least 3 to 4 RTI workshops in a month for people and Govt officials both ….
(The author is Founder and Chairman of Jammu & Kashmir RTI Movement)
feedbackexcelsior@gmail.com
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