At a time when Government in New Delhi is planning to make amendments in Right to Information Act 2005 (RTI Act), authorities in Jammu & Kashmir, on the direction of New Delhi, have issued an unjust, weird and unacceptable order directing the local cable television operators to stop airing almost 30 channels. Most of these channels air Muslim religious programmes and this dikat is being viewed very seriously by Muslims of this state. On one hand constitution of India speaks about freedom of expression and speech, freedom of religion, but on the other hand Modi Government seems to have taken a pledge to destroy the freedom of information and freedom of religious expression. When Government banned airing Pakistani news channels in Kashmir few years back, it had little reaction as we were anticipating it aftermath of Burhan Wani episode, but when the administration in J&K on the direction of New Delhi has ordered cable operators not to air 30 channels especially muslim religious channels, it has hurt not only hurt our religious sentiments but this is a direct attack on our freedom of religion as well.
Amendments in RTI law
Instead of strengthening Right to Information Act (RTI) by way of positive amendments , BJP Government is making amendments to weaken it. Infact this won’t have any impact on J&K RTI Act 2009, but in future centre may direct J&K Government also to amend the state RTI law as it has started directing them to create hindrances in our religious affairs. According to the proposed amendment, the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) of Central Information Commission New Delhi “shall be such as may be prescribed by the Central government”. The tenure of information commissioners at the Centre and the states (except J&K) is proposed to be amended. Government of India has not taken the stakeholders on board. Even the Central Information Commission has not been consulted about the proposed amendments. The proposed amendments to RTI law by the Centre aims to change two basic elements. One that it would lower the stature of Information Commissions from being equivalent to the Election Commission (EC) and other would do away with their five-year fixed tenure. Right now term of information commissioners is a 5 year fixed term, this can be reduced to 2 or 3 years. Election Commission of India (ECI) is a constitutional body established by clause (1) of Article 324 of the Indian Constitution, while the CIC and State Information Commissions (except J&K SIC) are statutory bodies established under the provisions of the RTI Act, 2005.The proposed amendments to the Central RTI Act 2005 will completely destroy the autonomy of Information Commissions to adjudicate appeals and complaints of aggrieved people who go to these commissions when denied information by public authorities.
Ban on 30 TV channels
Government of J&K has directed Cable operators to furnish a notarised affidavit to prove that they have complied with the decree of not airing 30 channels. The channels that are said to have been banned are: Peace TV (Urdu and English), ARY QTV, Madni Channel, Noor TV, Hadi TV, Paigam, Hidayat, Saudi Al-Sunnah Al-Nabawiyah, Saudi-Al-Quran Al-Karim, Sehar, Karbala TV, Ahli-biat TV, Message TV, Hum TV, ARY Digital Asia, Hum Sitaray, ARY Zindagi, PTV Sports, ARY Musik, TV One, ARY Masala, ARY Zauq, A TV, Geo News, ARY News Asia, Abb Takk News, Waseb TV, 92 News, Duniya News, Samna News, Geo Tez, Express News and ARY News. Out of these 30 channels 70 % of the channels air religious programmes. On the other hand TV channels that air hindu , jain , sikh or Christian eligious programmes have not been banned at all. Why this injustice ?
Conclusion
In recent times, the United Nations (UN) has highlighted the importance of Freedom of Information in its Brisbane Declaration of 2010 when UNESCO had organized International Press Freedom day conference at Brisbane Australia on 3rd May 2010 titled “The Right to Know”. On fostering Freedom of Information, Right to Information and empowerment of people Maputo declaration was adopted in 2008. During 2005 Dakar declaration was adopted on Freedom of Information during annual celebrations of World Press Freedom day. It seems Govt of India under the present regime while planning to amend RTI Act wants to bypass all these international conventions and declarations. On the other hand under the Indian constitution’s article 25-28 , state is duty bound to ensure that no discrimination on grounds of religion or religious belief is made and that all religions and faiths get equal protection of the laws to flourish. The Constitution of India provides that everyone has the right to practice and propagate the religion of his or her choice. But despite this Constitutional guarantee the political scene in India is such that minorities especially the muslims are being targeted at different levels. We are being discriminated on the basis of religion which is unconstitutional. Earlier it was mostly visible in other states of India , but now by issuing the dikat to ban 30 channels in J&K , it is ample clear that our right to religion is being eroded. Among these 30 channels are few Pakistani entertainment channels which have lot of viewership. What shall Government achieve by banning these entertainment channels ? I am not able to understand why Saudi channels have been banned ? There are programmes aired in Arabic and not even 1 % population of J&K understand Arabic. People watch this channel only because of live namaz (salah) from holy Kabba (Mecca) and Medina. Annual Hajj 2018 is approaching and we won’t be able to watch live Hajj or live Namaz from Mecca and Medina, Is this the Freedom of Religion?