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| RTI a half-baked concept in state | | | SANT KUMAR SHARMA Jammu, Dec 23: Despite being gazetted on March 20 this year, the Jammu & Kashmir Right to Information (RTI) Act has remained a chimera for the citizens so far. It replaced the earlier RTI Act passed in 2004 which was a mere paper tiger. During five years of its existence, the RTI Act of 2004 neither devoured any corrupt politicians nor any bureaucrats due to its inefficacy. In fact, it had failed to deter any officials during the period of its inglorious existence. In contrast, the Central RTI Act passed in 2005 has become a movement of sorts, nationwide, and ensured enhanced transparency and accountability in government functioning. The coalition government headed by Omar Abdullah had promised to make the RTI in J&K as effective as anywhere else in India. In an apparent attempt to keep that promise, it asked the Chief Information Commissioner (CIC) of India, Mr Wajahat Habibullah, to take charge in the state. Mr Habibullah was appointed the CIC of J&K two months ago but has failed to take charge as his successor at Centre has not been chosen. He can kickstart RTI in the state only on being relieved of his post by a successor. The delay in Mr Habibullah’s arrival in the state has already created doubts about the RTI set-up that was sought to be created in J&K. The set-up in the state is truly headless, in every sense of the word, as neither is there any CIC nor are there any information commissioners in place. For implementing the RTI Act in letter and spirit, it is mandatory that departments and autonomous bodies under the government appoint their Public Information Officers (PIOs) and Assistant PIOs. This has not happened in a number of cases due to bureaucratic apathy and laziness. For the last nine months, the government has been inching towards its implementation and Mr Habibullah was appointed on October 22. His assumption of charge has, however, been stalled for the last nine weeks. From day one, it has been said about Mr Habibullah that he was coming as CIC for less than a year only because he would be utilized by the Central government and the state government for engaging with the separatists. Almost every single government body has been behind schedule with respect to deadlines specified in the RTI Act. Ironical though it may seem, the Estates department directly under the CM and the Elections department have not appointed PIOs. No department has specified the appellate authority and this is a lacuna that hampers proper implementation. Under the RTI Act, the public authorities are required to publish an “information booklet” containing basic details about themselves. So far, only the police have posted their booklet on the departmental website. The state government has kept the fees for the RTI applications very high. For filing the application, one has to pay Rs 50 and a single page of information (a Photostat copy) costs Rs 10. This is an atrocious provision that will prevent the use of RTI Act by the poor and the underprivileged. With respect to the implementation of the new RTI Act in the state, one can safely say that it has been a classic case of over-promising and under-delivery.
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