Lock-down & our right to Information ?

It is now more than a month that we areunder a severe lock-down amid COVID 19 pandemic. Schools, colleges,universities, government offices, post offices, courier services, shoppingmalls are closed. Public transport is off the roads. Having already witnessed asimilar lock-down last year, I believe Kashmiri people are the worst sufferersof the ongoing lock-down. From August 5th 2019 onwards Kashmiris have almostbeen confined to their houses. Not only at political level have we peoplesuffered but on other fronts as well.

Our educational institutions were shut downfor almost 6 months last year, tourism suffered a major jolt and business wasat standstill. When schools reopened by February end this year after a longlock-down and harsh winter, it was expected that at least educational sectorwould work smoothly this year (2020). Who knew that COVID 19 would become apandemic and there would be a world wide lockdown. After attending classes forsome days, schools were shut down from March 5th on-wards. By March 15th almostall the schools, colleges and universities were closed not only in J&K, butin other states and countries as well.

   

During Kashmir lockdown post article 370abrogation we had no access to telephones, and internet for many months, butthis time that is not the case. We have access to telephones and 2G internetservices which actually is a “luxury” for Kashmiri people in this21st century. As all Government institutions are almost shut, the role ofonline citizen services has gained momentum across the world. Online classesare held for students. Many private and government offices do their workthrough video conferences and other online platforms. But unlucky Kashmirisagain have no access to all the online Government services in view of nonavailability of 4G internet service. Many Kashmiri students do attend onlineclasses but they hardly see face of their teachers as video calls don’t worksmoothly with 2G internet service; hence audio classes are conducted. Parentsespecially the educated mothers are trying their best to take care of educationof their kids in lock-down. Children whose parents are illiterate or semiliterate on the other hand are the worst sufferers as they have nobody to takecare of their studies? Neither do they have access to online classes nor cantheir parents help them out.

Access to Information

From last two weeks or more I am gettingregular calls from people intending to seek information from Government underRight to Information Act (RTI). Most of this information is of great publicimportance 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 asGovt offices are not working, transport is off the roads, post offices areshut. The only way out is seeking information through online mode but thisservice is not available in Jammu & Kashmir. On the other hand most of theCentral Government offices have this facility available for last many years.States like Maharshatra, Delhi, Telangana, Andhra Pradesh also receive onlineRTI applications through a designated portal and Rs 10 RTI application fees isdeducted from the bank account of applicant in the same manner as is deductedduring online shopping. On one hand J&K has been brought under the directcontrol of Government of India, but on the other hand services that areavailable with Central Government are not extended to J&K. Online RTIapplication filing is one such example.

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 of Masks, Gloves

Under Section 4 (1) (b) of RTI Act 2005Government departments are supposed to make voluntary disclosure of informationthat is of great public importance. Recently J&K Chemists and DruggistsAssociation through a video posted on its face-book page claimed that there wasno shortage of medicines and other medical supplies in Kashmir. On the otherhand 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 at a price three time theprint rate. People would like to know under RTI about the availability of theseproducts in market but how can this information be sought under RTI amid COVID19 lock-down ? Does this mean that people don’t have the Right to AccessInformation during ongoing lock-down?

Conclusion

Many Government departments are spendinghuge public money to counter spread of Coronavirus, but who knows how much hasbeen spend and where it has been spend? Let there be transparency as Govtofficials themselves are alleging that some of their colleagues are committingfrauds. I had suggested to make the details of expenditure available through anonline portal that could be updated regularly. This is also mandated undersection 4 of RTI Act 2005 (proactive disclosure of information). Officialsworking with essential services departments allege that chemicals and othermaterial used in ongoing pandemic has been purchased on exorbitant rates bytheir seniors. If this is only an allegation let the authorities make voluntarydisclosure about all the purchases made during last 1 month? If people can’t getRs 10 postal order or have no access to Govt offices or cannot send RTIapplications via speed post or courier, what is the way out? The only way outis to start an online RTI portal that is linked with General AdministrationDepartment’s (GAD) website. Until that is done I would suggest aggrieved peopleof Jammu & Kashmir and other states to access online RTI portal ofDepartment of Personnel and Public Grievances (DoPT) – www.rtionline.gov.in.The DoPT will forward the RTI application to respective states and UTs. I amsure this would give some relief to people. Government cannot deny its citizensthe Right to Access information through an Online mode. Lt Governor and ChiefSecretary need to seriously think on this issue.

Dr Raja Muzaffar Bhat is Founder & Chairman of J&K RTI Movement.

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