ETV Bharat: Srinagar: Saturday, 12 July 2025.
Activists and other complainants allege the scrapping of the J&K RTI Act has weakened the process of filing RTI applications.
Even as Jammu and Kashmir
has a new online portal for filing RTI applications, activists and other
complainants allege the scrapping of the J&K RTI Act has weakened the
process, as their appeals are getting stuck for months at the Central
Information Commission (CEC) in New Delhi.
Before the abrogation of Article 370 and downgrading of Jammu and Kashmir into a union territory, the erstwhile state had its own RTI Act 2009, but it was scrapped and replaced by the central RTI Act 2005 as per the Jammu and Kashmir Reorganisation Act 2020.
Under the 2009 Act, the erstwhile state had a dedicated state information commission (SIC) that would hear second appeals and petitions about denial or delayed reply to RTIs. The central RTI Act 2005, which is now in vogue in the union territory, has made the filing of applications convenient online, but there is a huge delay in the disposal of second appeals filed before the CIC in New Delhi. The JK RTI Act had a time limit of 60 to 120 days for the disposal of appeals, but the central act has no deadline for disposing of applications and appeals.
Junaid Javid, a 28-year-old RTI activist from Uri in Baramulla district, alleges that there is a delay in listing and adjudicating second appeals from J&K by the CIC, New Delhi. “I have filed second appeals about many applications before the CIC after the public authorities in the Jammu and Kashmir administration denied or submitted incomplete information. Sadly, my appeals in CIC are pending for months without any date or hearing,” Javaid told ETV Bharat.
The RTI Act empowers an applicant to file a first appeal under Section 19(1) before the public information officers. If the application remains unaddressed or there is a delay in reply or an incomplete reply, the applicant can lodge a first appeal before the central public information officer. And finally, before the CIC, by filing a second appeal.
The second appeals hearing takes months for hearing, Naveed Bukhtiyar, a lawyer and social activist, said. “We, as complainants, are now filing appeals and complaints in the Central Information Commission, New Delhi, via online, and it takes months for their disposal, even by video conferences. The central act has no deadline for disposal, and the commission has to consider appeals from other states also. So, in a way, the Right to Information Act is weakened,” he told ETV Bharat.
The Jammu and Kashmir government launched an RTI portal on January 10, 2025, after a delay of four years, to facilitate the public in filing online RTI applications and first appeals. This launch was applauded by the applicants as it made the filing of RTIs convenient, from a mobile phone or computer from home. Official data reveals that since its launch, the portal has received over 15,800 RTI applications, with 11,631 already disposed of and 4,260 currently under process. However, the second appeals filing at CIC has “weakened” the exercise.
Legislator Irfan Hafeez Lone, who began his activism by filing RTIs, said the central act presents challenges to applicants like delays in hearing, but activists should not lose hope. “The Right to Information Act is the very soul of democracy and must be upheld by the people, the government, and all those committed to systemic reform,” Lone said.
Chairperson of the J&K RTI Movement, Shaikh Ghulam Rasool, said that although the J&K RTI Act was stronger than the central RTI Act, 2005, yet such laws as the RTI Act, Public Services Guarantee Act, and Forest Rights Act must be effectively implemented by the CIC and public authorities. “To ensure transparency, accountability, and tangible relief for the common people, the CIC must exercise the RTI Act 2009 in its true spirit,” he said.
Faced with the delay in his applications, Javaid has knocked on the Jammu and Kashmir High Court, hoping that the court's direction could help expedite the second appeal hearings by the CIC. “The CIC is neither fixing a hearing nor issuing any interim orders,” Javaid said, anxious that the legal exercise will consume more time but optimistic that “it can help in the swift disposal of hearings.”
The CIC held Second Appeal/Complaint hearings under the RTI Act in Srinagar in collaboration with the J&K Government between July 3 and 5, 2023. The sessions, led by the Chief Information Commissioner, aimed at providing citizen-centric services to those unable to access Delhi or virtual hearings. Such initiatives benefited many people, which is why activists demanded that many such hearings be held quarterly in Jammu and Kashmir.
Activists and other complainants allege the scrapping of the J&K RTI Act has weakened the process of filing RTI applications.
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| Jammu and Kashmir Chief Minister Omar Abdullah launching the RTI portal on Janaury 10, 2025. (File/ETV Bharat) |
Before the abrogation of Article 370 and downgrading of Jammu and Kashmir into a union territory, the erstwhile state had its own RTI Act 2009, but it was scrapped and replaced by the central RTI Act 2005 as per the Jammu and Kashmir Reorganisation Act 2020.
Under the 2009 Act, the erstwhile state had a dedicated state information commission (SIC) that would hear second appeals and petitions about denial or delayed reply to RTIs. The central RTI Act 2005, which is now in vogue in the union territory, has made the filing of applications convenient online, but there is a huge delay in the disposal of second appeals filed before the CIC in New Delhi. The JK RTI Act had a time limit of 60 to 120 days for the disposal of appeals, but the central act has no deadline for disposing of applications and appeals.
Junaid Javid, a 28-year-old RTI activist from Uri in Baramulla district, alleges that there is a delay in listing and adjudicating second appeals from J&K by the CIC, New Delhi. “I have filed second appeals about many applications before the CIC after the public authorities in the Jammu and Kashmir administration denied or submitted incomplete information. Sadly, my appeals in CIC are pending for months without any date or hearing,” Javaid told ETV Bharat.
The RTI Act empowers an applicant to file a first appeal under Section 19(1) before the public information officers. If the application remains unaddressed or there is a delay in reply or an incomplete reply, the applicant can lodge a first appeal before the central public information officer. And finally, before the CIC, by filing a second appeal.
The second appeals hearing takes months for hearing, Naveed Bukhtiyar, a lawyer and social activist, said. “We, as complainants, are now filing appeals and complaints in the Central Information Commission, New Delhi, via online, and it takes months for their disposal, even by video conferences. The central act has no deadline for disposal, and the commission has to consider appeals from other states also. So, in a way, the Right to Information Act is weakened,” he told ETV Bharat.
The Jammu and Kashmir government launched an RTI portal on January 10, 2025, after a delay of four years, to facilitate the public in filing online RTI applications and first appeals. This launch was applauded by the applicants as it made the filing of RTIs convenient, from a mobile phone or computer from home. Official data reveals that since its launch, the portal has received over 15,800 RTI applications, with 11,631 already disposed of and 4,260 currently under process. However, the second appeals filing at CIC has “weakened” the exercise.
Legislator Irfan Hafeez Lone, who began his activism by filing RTIs, said the central act presents challenges to applicants like delays in hearing, but activists should not lose hope. “The Right to Information Act is the very soul of democracy and must be upheld by the people, the government, and all those committed to systemic reform,” Lone said.
Chairperson of the J&K RTI Movement, Shaikh Ghulam Rasool, said that although the J&K RTI Act was stronger than the central RTI Act, 2005, yet such laws as the RTI Act, Public Services Guarantee Act, and Forest Rights Act must be effectively implemented by the CIC and public authorities. “To ensure transparency, accountability, and tangible relief for the common people, the CIC must exercise the RTI Act 2009 in its true spirit,” he said.
Faced with the delay in his applications, Javaid has knocked on the Jammu and Kashmir High Court, hoping that the court's direction could help expedite the second appeal hearings by the CIC. “The CIC is neither fixing a hearing nor issuing any interim orders,” Javaid said, anxious that the legal exercise will consume more time but optimistic that “it can help in the swift disposal of hearings.”
The CIC held Second Appeal/Complaint hearings under the RTI Act in Srinagar in collaboration with the J&K Government between July 3 and 5, 2023. The sessions, led by the Chief Information Commissioner, aimed at providing citizen-centric services to those unable to access Delhi or virtual hearings. Such initiatives benefited many people, which is why activists demanded that many such hearings be held quarterly in Jammu and Kashmir.
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