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| RTI: Many windows still shut | | |
ET DESK
Jammu, July 23: Nearly delivering on the promise of transparency, the Jammu and Kashmir Government has published rules for Right to Information Act but they are not without flaws even as experts believe that many windows have been kept shut.
The new rules under the Jammu and Kashmir Right to Information Act, 2009 notified by the State government is attracting strong criticism from RTI activists, who have alleged several discrepancies in it.
"There are lot of loopholes in these rules. It clearly reflects that it is not people friendly, the BPL category have been completely ignored," Venkatesh Nayak, programme coordinator, access to information program, Commonwealth Human Rights Initiative said.
The fee for any RTI application has been kept at Rs 50 as against Rs 10 which is taken as fee in the rest of India.
"The BPL category will not be able to exercise their Right to Information. And the standing parliamentary committee is already considering to exempt the Centre's RTI Act 2005 of the Rs 10 charges too," he said.
"The information officer will charge Rs 10 per page as cost of providing photocopies of the actual document as against Rs two per page in rest of India. For inspection of records also, there is no fee for the first hour and a fee of Rs 15 for each subsequent hour (or a fraction thereof)," Dr Raja Muzaffar Bhat, convener J-K RTI movement in Kashmir said. "As per RTI Act 2005, no fees are charged for inspection of records," he said.
Moreover, if information is to be provided on a CD or floppy the rates will be Rs 75 and Rs 100 respectively. "CDs cost as little as Rs 25 even in the most expensive of shops. Given this scenario the high rates are difficult to understand," he said.
Complaints or appeals as per the new rules may be dismissed if similar application is pending with another public authority, Bhat said.
"This can amount to a serious restriction on the right of people in Kashmir to seek redress of grievance relating to information access," Nayak said.
He said, "If a desired information is maintained by a village Panchayat office and also in the office of the Deputy Commissioner of the area concerned.
If one does not get access to the information from the Panchayat office under the RTI Act, he can file a complaint before the JK-SIC. However, this should not disqualify an information seeker from filing a similar application with the PIO of the Deputy Commissioner's office."
Another drawback suggests that there is no obligation on the J&K State Information Commissioner to pronounce his decisions in the open.
"All civil and criminal courts are required to pronounce their orders in the open. Merely communicating it to the parties is not enough. There have been cases in which some of the orders issued by Information Commissions differ in content from what was agreed upon during the actual hearing of the case," Nayak said. "They have nowhere mentioned the way to approach CIC in case an information seeker is not satisfied with the SIC," he added.
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