Time runs so quickly. I can’t believe the existing RTI law (J&K RTI Act 2009) has completed 9 years of its enactment. I remember when we had organized first discussion on RTI in an educational institution way back in 2006. Veteran activist and Magsaysay awardee Prof Sandeep Panday who teaches at IIT Gandhinagar had accompanied us to Government Degree College Bemina, now known as Abdul Ahad Azad Memorial Degree College. In 2006 we were asking for revocation of J&K RTI Act 2004 and enactment of a progressive law on the pattern of central RTI Act 2005 which was enacted in 2005. We in fact succeeded to get a robust RTI law after 3 years on March 20th 2009, but even after having a strong RTI legislation in force we face lots of challenges. After 12 long years we once again gathered together in the college campus to commemorate 9 years of J&K RTI Act 2009 recently. With the kind support of Principal Prof Mushtaq Ahmad Lone, Dr Mohammad Amin Malik, Dr Abdul Hamid, Dr Feroz and fellow activists of RTI Movement, we discussed various aspects of J&K RTI Act 2009 in the same campus after such a long time. The RTI awareness level is still less and this was authenticated by Chief Information Commissioner (CIC) Mr Khurshid Ahmad Ganai and ex Mr CIC G R Sufi who were present at the seminar to commemorate 9 years of J&K RTI Act 2009.
Major Challenges
I wrote a piece on 1st anniversary of RTI in 2010, 2nd one in 2011 and so on. Major concerns that I had projected in my 2010 and 2011 articles was constitution of State Information Commission (SIC), designation of Public Information Officers (PIOs) and First Appellate Authorities (FAAs) in public authorities especially Government Departments. When SIC was constituted in February 2011 after appointment of Mr G R Sufi as SIC’s first Chief Information Commissioner and subsequent appointment of two other Information Commissioners (ICs) Mr Nazir Ahmad and Prof S K Sharma, the designation of PIOs and FAAs was again a major challenge until 2015. Mr G R Sufi ex CIC played a pivotal role in ensuring majority of public authorities designate PIOs and FAAs. In-spite of 9 years of RTI enactment in Jammu & Kashmir there are some major challenges before State Information Commission (SIC). The voluntary disclosure of Information under section 4 (1) of J&K RTI Act 2009 still remains a major challenge. Official websites of Government departments , semi Govt organisations , state owned public sector undertakings are still not updated on regular basis. Even the details of Public Information Officers (PIOs) and First Appellate Authorities (FAAs) is not available on most of the websites. Govt orders , circulars , beneficiary list of various Govt schemes , notifications issued under J&K Land Acquisition , subsequent awards and compensation paid on account of fruit and non-fruit bearing trees are not uploaded on Government websites at regular intervals.
From last 9 years more than half a dozen circulars have been issued by State Information Commission (SIC) stressing upon Government to abide by voluntary disclosure of information. The incumbent Chief Information Commissioner (CIC) Mr Khurshid Ahmad Ganai who completed 1 year in office recently has issued three notices to Government directing for making voluntary disclosure of information, but Government is reluctant to adhere to these circulars and notices.
Conclusion
Majority of the Government officers particularly the designated Public Information Officers (PIOs) & First Appellate Authorities (FAAs) even after 9 years of the enactment of J&K RTI Act 2009 are not aware about the provisions of this law. If we calculate total number of years since we got RTI law in J&K , it is 15th year as prior to present RTI Act of 2009 our state had enacted J&K RTI Act 2004 when there was PDP Congress coalition Government in J&K . Authorities have failed to conduct capacity building workshops for its designated officers. Govt is under legal obligation to train its officers under section 23 of J&K RTI Act 2009. PIOs who got some basic training on RTI law in past are not designated PIOs as on date, as most of them either got promoted or have retired from the Government service. For instance a KAS officer who was posted as BDO few years back was a designated PIO as well , but as on date he or she is no more a PIO because most of the Tehsiladars , Under Secretaries or BDOs from KAS 2001 , 2004 batches are promoted to the grade of Additional Secretary or Deputy Secretary to Government . In addition to it Govt under section 23 of J&K RTI Act 2009 was supposed to create awareness among disadvantaged communities, but no such awareness programmes have been conducted from last 9 years. In spite of all these lapses ordinary citizen still feels empowered as he has a right to question Government, that was the prerogative of only legislators.