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| Where is the much promised RTI? | | |
SANT KUMAR SHARMA
Jammu, Sept 15: In an open letter to the Chief Minister, Mr Omar Abdullah, some RTI activists have deplored the government’s failure to implement the new J&K Right to Information Act, 2009. In its electoral manifesto, the National Conference had promised that the new RTI Act would be a “deterrent” to “cases of misappropriation, partisan judgments, corruption etc”.
According to Convener of the J&K RTI Movement, Mr Muzaffar Bhat: “The J&K Government has failed to implement the RTI Act in at least four major ways.” First of all, the government hasn’t yet appointed an independent State Information Commission comprising three information commissioners to supervise the implementation of the RTI Act.
In August, a senior government functionary said the committee would also include the (4) Chief Justice of the J&K High Court, and (5) the Chairman of the Legislative Council, besides other members including the CM himself. However, none of these three dignitaries have been contacted by the government till date.
``Having a strong Information Commission is the most important element of RTI,” Mr Bhat said, adding the civil society has not been engaged on the issue in any meaningful way. Some media reports have suggested that current Chief Information Commissioner Wajahat Habibullah could become J&K State Chief Information Commissioner.
“Habibullah is the best possible choice,” Mr Bhat said. People like Professor S M Qadri from Kashmir University, Justice JP Singh, and ex-IAS officer Maria Deselphine could fill the other two posts, he suggested.
The second major lacuna is the government’s failure to appoint the required Public Information Officers (PIOs) and the Assistant Public Information Officers (APIOs). These officials are responsible for receiving and processing RTI applications filed in the respective departments. The JKRTI-2009 envisages that all public authorities should have at least one PIO, as well as at least one APIO in all districts.
Till date, however, there are only 13 PIOs in five departments and eight public authorities and only five APIOs. “This is a joke” lamented Mr Bhat, adding the statutory deadline was 77 days ago.
The third lacuna that the government needs to address is the failure to conduct any training programmes for secretariat officers, PIOs, and APIOs. As a result, most officials are ignorant about key provisions of the RTI Act.
The fourth major fault, according to Mr Bhat, was the government’s failure to engage the civil society in a meaningful way in the preparation of the RTI Act.
Some activists in the state, backed by a New Delhi-based NGO, the Commonwealth Human Rights Initiative, prepared detailed analyses of flaws in the Act and Rules, and recommended changes. However, these inputs were completely ignored, according to Dr Shah Faisal, another independent RTI activist.
They have urged the Government to: (1) transparently convene the required Selection Committee for the SIC, (2) invite public input into the composition of the SIC, (3) appoint PIOs in every Department and Public Authority and APIOs for each in every district, (4) organize training programs for Secretariat officers, PIOs, and APIOs, and (5) open discussions with civil society about correcting lacunae and flaws in the JKRTI 2009.
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