Greater
Kashmir: Srinagar: Tuesday, 27 January 2015.
On March 20th
this year, the Jammu & Kashmir Right to Information Act (RTI) will complete
its six years of its enactment. As this transparency law is enforced in J&K
from last so many years, the Public Authorities (Government / Semi Govt
organizations) continue to abnegate the responsibilities which have been
conferred upon them under the provisions of State RTI Act. The recent
directions by Governor N N Vohra to the
state bureaucracy on effective implementation of Right to Information Act (RTI)
particularly ensuring proactive disclosure through official websites has not
only uplifted the morale of RTI activists but the said intervention during the
present political scenario would definitely strengthen State Information
Commission (SIC) for its effective working. The upright and honest officials in
other transparency institutions like State Vigilance Commission (SVC) and
Vigilance Organisation too feel elated by Governor’s intervention.
How
previous Govt violated J&K RTI Act?
The section
23 of the state RTI law lays emphasis upon the Government to create RTI related
awareness programmes across the state and especially among the disadvantaged
and backward communities , but the Government lead by Omar Abdullah miserably
failed to do so in spite of the fact that the same Government came up with this
progressive law in the state. The previous Government didn’t bother to even
publish RTI related booklets or other such material which could have helped the
public to know the provisions of this law. The basic awareness programmes on
RTI too were not conducted by the
Government in six long years. They miserably failed to implement section 4 (1)
(b) of J&K RTI Act 2009 which insists upon the Public Authorities to make
proactive disclosure of its orders, circulars, selection lists, merit lists,
payment of compensation, relief, subsidy, seniority lists, beneficiary lists
under various state and centrally sponsored schemes and other related
information. It is worthwhile to mention that the State Chief Information
Commissioner (CIC) G R Sufi has shot
several letters to the Government showing his serious concern for non
cooperation of the Government towards implementation of various provisions of
J&K RTI Act 2009. On the other hand the Government always exhibited
somewhat aberrant behavior in spite of the fact they were under legal
obligations to fulfill their duty vis a vis RTI implementation. Pertinently the
J&K Government had to undertake proactive disclosure under section 4 (1)
(b) of State RTI Act within 120 days from the day of enactment of RTI Act, but
it is now more than 2000 days (6 years aprox)
instead of 120 days and the authorities continue to violate this
act.
Governor’s
Intervention:
The Governor
N N Vohra’s intervention ensuring good governance at this point of time when the state is
undergoing a political stalemate is seen as an encouraging step by the civil
society. The Governor has directed the administrative Secretary of General
Administration Department (GAD) to ensure voluntary disclosure by the Government
departments without any delay. He directed the Secretary GAD to ensure that
every department discloses the requisite information as required under the RTI
Act under section 4 (1) (b) and the same to be put on their official websites and updated regularly. Governor also
directed that all the departments should also undertake an immediate review of
Property Statements of Immovable Assets which were filed by the officers for
2013-14 and initiate action against those who failed to file the returns.
Conclusion:
As people of
Jammu & Kashmir have witnessed an abdication of responsibility on part of
the previous Government especially towards implementation of RTI, curbing
corruption and ensuring good governance. It is hoped that the State
Administration takes the Governor's directions very seriously and starts
working more effectively, with full
responsiveness. Above all if there is a possibility of formation of new
Government in J&K in the near future, they must continue to uphold the
recent directions of the Governor so that our state gets rid of nepotism,
corruption, mis-governance once for all.