Govt not keen to conduct workshops; PIOs, APIOs of 3 districts yet to receive trainings

Halfhearted implementation of RTI Act - III

SYED ALI SAFVI

SRINAGAR, Oct 24: The RTI Act in the state has turned into a classical case of much ado about nothing with the state government showing minimum interest in promoting and fully enforcing the law in the state.

More than 31 months have passed since the enactment of the RTI Act in the state, the government has done little to train Public Information Officers (PIOs), Assistant Public Information Officers (APIOs) and to conduct workshops at district and tehsil levels in the state.
According to the RTI Act, the state government is duty-bound to conduct awareness programmes, workshops to aware public about the law. The Act also obligates government to encourage public authorities to participate and organise awareness programmes and workshops at their levels.

“The government may, to the extent of availability of financial and other resources, develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the right contemplated under the Act,” reads Section 23 (1) of the J&K RTI Act 2009.

According to reliable sources, the state government has received lot of funds for giving trainings to PIOs and APIOs and to conduct workshops at tehsil, district level to aware people about the Act.

The law was enacted to empower people, but most of the people are still unaware about the benefits of the Act, courtesy government’s reluctant attitude towards sensitising and awaring people about the rights and usage of RTI Act.

“Not a single RTI workshop has been organised independently by district administration at district level in the valley,” said an RTI activist.

According to sources, the state government has not provided money to district headquarters for conducting RTI workshops for general public.

“The RTI Act is of no use if the common masses are not made aware of the benefits of the Act,” said a senior state bureaucrat.

The sources said last year state government had allotted Rs 5 lakh to Institute of Management and Public Administration (IMPA), which is the nodal agency for implementation of RTI training, for giving training to PIOs and APIOs in every district. However, not a single penny has been allotted for conducting RTI workshops for general public.

Almost a year has passed, there are still three districts in the valley – Anantnag, Pulwama, Baramulla - where PIOs and APIOs have not yet received training.

“We give one-day training capsule to PIOs and APIOs at district level. Hopefully by the end of December, all districts will be covered,” Associate Professor at IMPA, Dr Jehan Ara Jabeen, who gives training to PIOs and APIOs told Kashmir Times.

She said that the central government has been very liberal in funding RTI trainings.

“DoPT is the funding agency for all these courses. Government of India (GoI) has lot of money available for RTI, but the problem is that there are no takers,” Dr Jabeen said. “Most of our training courses are sponsored by GoI.”

She said that the training programmes in districts are only attended by PIOs and APIOs.

“On an average 40-45 PIOs/APIOs attend training programmes in districts,” she added.

Even after 31 months, govt yet to publish RTI user guide

Halfhearted implementation of RTI Act - II

SYED ALI SAFVI

SRINAGAR, Oct 23: The experts attribute partial implementation of RTI Act 2009 to inadequate training coupled with “non-serious attitude” of the public authorities vis-à-vis RTI Act.

Even as the Act obligates state government to compile a RTI user guide in the officical language of the state within 18 months from the commencement of the Act, the state government has not yet come out with such guide even after over 31 months.

Moreover, the government has not published a single pamphlet or advertisement in newspapers, as required under the Act, in the official language to create awareness about the RTI Act.

“The government shall, within eighteen months from the commencement of the Act, compile in the official language of the State a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in the Act,” reads Section 23(2) of J&K RTI Act 2009.

“In absence of the user guide - which would have information like how to file RTI application, application fees, commission’s address etc – most of the people are still unaware about the benefits of the act,” said Raja Muzaffar, convener J&K RTI Movement. “It speaks volumes about government’s non-seriousness in fully implementing RTI Act in the state.”

When contacted, commissioner/ secretary General Administration Department (GAD), Mohammad Sayeed Khan, said that the guide would be ready within four months.

“CIC (Chief Information Commission) has entrusted the work of translation to university of Kashmir (KU). The translation is in process and will be completed within three to four months,” Khan told Kashmir Times.

Asked about the reason for delay in publication of the guide, Khan said that there was need for orientation and sensitization before compiling a guide.

“This is one of the responsibilities of CIC. They can not only pass directions,” he said. “You are right. It (user guide) requires special focus.”

Muzaffar Bhat said: “It needs political will to implement RTI Act, but unfortunately that seems missing in case of Jammu and Kashmir.”

Associate Professor at IMPA, Dr Jehan Ara Jabeen, who gives training to Public Information Officers (PIOs) and Assistant Public Information Officer (APIOs), said that for the optimum implementation of the RTI Act in the state, Section 4(1) of the Act, which calls for voluntary disclosure, should be properly implemented in all the departments, corporations etc.

“I believe it is the responsibility of public authorities, head of the departments to ensure implementation of Section 4(1). It is not to be done by PIOs,” she said. “Implementation of Section 4 will drastically reduce the number of RTI applications.”

“In rural areas, people mostly seek information regarding BPL list, implementation of NREGA, etc. If these informations are readily available with the concerned departments then people not need to file application for it,” said an RTI activist.

Pertinently, only GAD, Police department and to some extent IMPA have put necessary information, as required under RTI Act Section 4(1), on their respective websites. Websites of other departments, corporations are silent on proactive disclosure.

But even that is not enough. The law says that every information should be disseminated widely through notice boards, newspapers, public announcements, media broadcasts, internet or any other means.

“Unfortunately, even the public authorities have not taken RTI act seriously,” said Dr Jabeen. “Unless Section 4 is implemented, it will be difficult and moreover time consuming for PIOs or APIOs to compile information every now and then,” she said.

She said that state government has to have a separate component for RTI Act in the budget.

“There are some technical flaws. Suppose, information to a BPL applicant is to be given free of cost as per the act, but the PIOs don’t know where to deduct the expenditure from. Because there is no separate budget for such expenditures,” she said.

PIOs have no idea about proactive disclosure

Halfhearted implementation of RTI Act-I

Two years on, govt departments yet to adhere to mandatory Section 4(1) of RTI Act

SYED ALI SAFVI

SRINAGAR, Oct 22: Notwithstanding appointments, albeit delayed, of two state information commissioners, the state government has been doing little to implement RTI Act in letter and spirit in the state.
Even as the state government boasts of being the pioneer in enacting RTI Act, the government departments are not fully adhering to this Act.

Call it lack of information or halfhearted implementation of RTI Act, a major chunk of government departments are yet to adhere to the section 4 (1) of the J&K RTI Act 2009, which calls for proactive disclosure.
According to the RTI Act 2009, all departments, ministries, boards, corporations, companies and banks set up or controlled by the state or central governments are duty bound to voluntarily give, within 125 days of commencement of the Act, information regarding name, designation, powers, duties, responsibilities, and salaries of all the officers and employees; list of all categories of all the records available in their offices; proposed budget, allocation of funds and reports about their spending; the manner of implementation of subsidy schemes, list of beneficiaries and amount of funds sanctioned to them; name and designation of Public Information Officers (PIOs), Assistant Public Information Officers (APIOs), a directory of its official employees, et al.
The act says that every information should be disseminated widely through notice boards, newspapers, public announcements, media broadcasts, internet or any other means.
J&K RTI Act was enforced in the state with effect from March 20, 2009. Forget 125 days, the state government has failed to ensure implementation of proactive (voluntary) disclosure even after more than two years.
Interestingly, most of the PIOs do not have even a slight idea about the proactive disclosure.
The PIOs, according to the Act, are duty bound to give all information to the applicant on demand. Moreover, applicants need not to submit a written application or pay application fees for seeking information that comes under the ambit of voluntary disclosure.
Convener J&K RTI Movement, Raja Muzaffar, had filed an RTI application with General Administrative Department (GAD), seeking information about the details of government offices which have adhered to the proactive disclosure, section 4(1) of RTI Act 2009.
Although only eight per cent of the departments have responded to the application, but the response given by the concerned PIOs is appalling.
Replying to the question of implementation of Section 4(1) in the department, PIO Directorate of Geology and Mining, who is also Deputy Director Administration Geology and Mining department, vide letter no C-Adm/DGM/RTI/JC/12-14, dated 26-09-2011 writes: “This departments has received 11 applications under RTI Act and all of them stand disposed off.”
To a similar query, Assistant General Manager cum PIO, J&K Handloom Development Corporation vide letter number HDC/ADM/17/707-08, dated 07-10-2011 replies: “J&K Handloom Development Corporation has updated its website with necessary information about working of the corporation.”
The PIO further writes in his reply that the “digitization of records does not apply to Handloom Development Corporation”.
Similarly, PIO Transport department, civil secretariat Srinagar, vide letter no TR-24/GNL/RTI/2006, dated 22-09-2011 writes: “motor Vehicle department, State Motor Garages, State Road Transport Corporation have received so many applications under RTI Act and all of them have been disposed by the concerned PIOs within stipulated period of time”.
The PIO transport department has admitted that the department has not yet digitized its records.
Regarding implementation of proactive disclosure, PIO Soil and Water Management (Command Area development Jammu) writes: “Proactive disclosure pertains to GAD, hence submitted for favour of information”.
PIO Directorate of Horticulture Kashmir writes in his reply vide PUR/231/111/11429-30; dated 22-09-2011: “10 applications have been received by various PIOs and all of them have been disposed off”.
This reporter contacted many senior bureaucrats to enquire about the implementation of Section 4(1) of RTI Act 2009.
When contacted, DDC Srinagar, Mehraj-ud-Din Kakroo, said, “It is in process of getting activated, but it has started.”
“We are preparing to put all the required information on our website. We are just fine tuning it and within a couple of days, you will see all the information on our website,” he said.
DDC Budgam, Mohammad Rafi, said that the instructions were already in place.
“We have issued a circular long back directing all the departments to voluntarily put on display the information of all the ongoing works,” he said.

Rotational CM: More than meets the eye

JKPCC ‘united’ on mid-term change of guard

SYED ALI SAFVI

SRINAGAR, Oct 18: The senior leaders in state and central Congress may be doing their best to brush aside the questions about the possibility of mid-term change of power in Jammu and Kashmir, but the ambitions brewing in the rank and file of the state Congress unit are too strong to put a lid on.
After AICC general secretary, Rahul Gandhi, it was the turn of visiting union minister and former J&K chief minister, Ghulam Nabi Azad, to face questions from state Congress leaders and workers on the issue of rotational chief minister-ship in J&K.
Pertinently, as Omar Abdullah-led government is nearing three years, the state Congress has upped the demand for change of power in the state. Interestingly, after being dogged by infighting and bickering for too long, the J&K Pradesh Congress Party (JKPCC) seems united on the issue of mid-term change of power.
The issue of rotation of chief minister has assumed greater significance in the wake of Congress workers’ complaint against “deep-rooted corruption” and “mis-governance” in the state. They also blamed the government for not treating Congress workers at par with NC workers.
Even the state Congress chief, Prof Saif-ud-Din Soz, has publically admitted that Congress workers were being ill-treated by their coalition partner.
Azad, who was on a three-day visit to the state, was all fire against the Omar Abdullah-led government during his visit to restive Bhaderwah.
According to the party insiders, the state Congress leaders and workers apprised Azad of their grievances with the NC-led regime during his meeting with them at Nehru guest house here.
Sources said that Congress workers told Azad that the government was not treating them at par with NC workers.
“The (Congress) workers also castigated Congress ministers for not paying heed to them,” said the party insiders.
Unlike 2010, the mood at 10 Janpath seems to have changed. This can be gauged from the response of AICC general secretary, Rahul Gandhi, when he was asked about the issue of rotational chief minister-ship during his recent visit to the valley.
Not ruling out the possibility of change of guard in the state, Rahul recently said, “It (rotational of chief minister) is to be decided by the party high command.”
Pertinently, the Gandhi scion had offered all out support for the beleaguered Abdullah scion when the valley was reeling under unprecedented civil unrest last year and thus punctured a campaign to replace Omar Abdullah.
“It is true that most of the decisions within the Congress party are taken mainly by the few top leaders - and this is more true about Kashmir. For this state, the decision lies with the High command only,” says Rekha Chowdhary, noted political analyst. “Unless there is a clear direction from above, one would not know what is going to happen.”
Ever since National Conference-Congress coalition took over the reins of the government in the state, the coalition functioning has been marred by recurrent tussle between the two historically estranged parties.
The Omar Abdullah led coalition government started on a rather uneasy note as the two partied found it tough to sit together to chalk out a common minimum programme (CMP), outlining the goals of the coalition.
The 32-month-old coalition has witnessed the two parties, more often, locking horns with each other on a range of issues including the mid-term change of guard in the state.
“Government seems to be functioning only on papers. State Congress unit is losing its credibility at the cost of misdeeds of National Conference,” president J&K Pradesh Youth Congress, Shoaib Lone told Kashmir Times. “Enough is enough! It’s high time that Congress takes over the reins of the government in its hands.”
Lone said that the constituencies of Congress MLAs have been ignored by the NC led government.
“Direct recruitments by police were done in only three constituencies in the state and all the three constituencies were won by NC party,” he said.
The fate of R&B portfolio, which still lies vacant, can serve as the classical example of coalition (mis)functioning.
The Congress high command had asked then R&B minister, GM Saroori, to step down on August 25 last year following the alleged impersonation of his daughter in entrance examination.
Ever since, the portfolio lies vacant. Thirteen months on, the Congress is yet to decide on Saroori’s successor. The portfolio is presently lying with the chief minister.
A senior state Congress leader said that the party workers were not satisfied with the party’s coalition partner.
“There are genuine development grievances. Even NREGA, IAY are not been properly distributed,” he said.
For Omar Abdullah, nothing seems to be going right. From his personal life to public life, he seems to be dogged by controversies. The ship of Omar Abdullah government already finds itself in troubled waters. If the issue of recovery of over 2000 unnamed graves was not enough, the government landed itself into yet another controversy over the alleged custodial death of ruling NC worker.
The opposition has also upped the ante against the government with state’s principal opposition party, People’s Democratic Party (PDP) demanding resignation of Omar Abdullah, NC president, Farooq Abdullah, and MoS Home, Nasir Aslam Wani.

Whimsical implementation of PNDT Act

Fate of 215 sealed clinics uncertain

No challan yet against 2 centres for performing SDT, abortions

SYED ALI SAFVI/ARVIND SHARMA

SRINAGAR/JAMMU, Oct 15: The fate of 215 ultra-sound clinics/centres, sealed for violation of various provisions of PNDT Act across J&K, still hangs in balance, courtesy the whimsical implementation of PNDT Act by the helmsmen.
Meanwhile, the challan is yet to be presented in the court in case of those two clinics of Jammu province against which criminal cases were filed for conducting Sex Determination Tests (SDT) and abortion thereof.
Under drive for PNDT Act implementation, intensified after the projection of an alarming decline in sex ratio across J&K in Census 2011 report, a total of 215 ultra-sound clinics have been sealed in the state.
In Kashmir, 200 ultra-sound clinics/centres have been sealed while in Jammu province 15 clinics/ centres have been sealed for violation of PNDT Act provisions other than conducting sex-determination tests and abortion.
According to Director Health Services Jammu Dr Madhu Khullar, during the period between April 1 to September 30, the health department functionaries inspected 61 ultra-sound clinics/centres in Jammu province while in Jammu district only 17 clinics/centres were inspected.
Out of 61 centres/clinics inspected, 25 were closed for violation of rules under PNDT Act. Out of 25, 15 are still closed whereas nine were allowed to operate after they fulfilled formalities. One centre in Billawar was allowed to function following a court direction. In the entire Jammu province, a total of 80 ultra-sound clinics/centres have been registered under PNDT Act.
Besides these 15 sealed centres, two centres were closed for conducting sex determination tests and abortions under PNDT Act this year in Akhnoor (June 12, 2011) and R S Pura (September 13, 2011) in Jammu province.
“Regarding the status of R S Pura centre (Mata Santo Devi ultrasound clinic), it is still closed. Case stands registered against the doctor and the parents in this case and the investigation is still on. As far as Akhnoor clinic, which was an OPD clinic, is concerned, the doctor has been allowed to function by the department subject to the outcome of police investigation,” stated the health department authorities.
As per the police version, in case of Akhnor centre, the case is ready for challan as the status report of clinic/centre as whether it was registered or not is awaited from the Director Health. “In this case the arrested government doctor was later bailed out. Clinic is sealed,” the police added.
Similarly in case of R S Pura clinic/centre also, the case is ready for challan. “It is pending due to certain technicalities because we wanted to make the case fool proof before presenting the challan in this case where there are five accused who later got bail from Munsif R S Pura. The clinic was sealed and their licence was cancelled,” the police informed about the status quo.
In case of R S Pura, for the first time in the state, a ‘lady’ doctor was among three persons arrested under the PNDT Act. A Punjab based couple, which got foetus aborted after the sex determination, was also been arrested in a raid in a house in Ward No.9 on September 8, 2011. Two employees of the Health Department namely Santosh Kumari, a nurse posted in a health institution at Dablehar and her husband Ashok Kumar, a Junior Health Inspector, were arrested for illegally conducting abortion at their residence.
From their residence, suction machines and other medical equipments were also recovered and accordingly both were booked under Section 312 and 316 RPC and 3/8 Nursing Homes and Clinical Establishment Act.
Director Health Services, Dr Madhu Khullar, after going through the FIR lodged at R S Pura Police in this regard, placed both the officials under suspension.
During the course of police investigation, Mamta, a resident of Gurdaspur (Punjab), who got foetus aborted and her husband Ajay Kumar were questioned and they revealed that sex was determined at Mata Santo Devi Memorial Ultrasound Center in R S Pura town.
Though the ultrasound clinic was found registered under PNDT Act, 2002 yet the violation of J&K Preconception and Prenatal Sex Selection/ Determination (Prohibition and Regulation) Act, 2002 was detected. Accordingly, the ultrasound center was sealed and the registration was cancelled.
Dr Monika, wife of Dr Gagan Bhagat, who had conducted the sex determination was immediately arrested. She could not produce any document of her qualification as doctor.
‘Doctor’ Monika and two employees of the Health Department were booked under PNDT Act, Section 312, 309, 316 RPC.
In case of Akhnoor centre, police and health department had raided and sealed Dogra Nursing Clinic at Daskal Morh, Akhnoor and also arrested the owner, Doctor Krishan Lal on June 12, 2011.The police had sealed the clinic and arrested the doctor.
During raid, some medicines meant for government Hospital only were also recovered. The arrested doctor Krishan Lal was posted at Migrant Camp Mishriwala.
As far as other clinics/centres, which were sealed for violation of other PNDT provisions, are concerned, some were sealed on the ground that they did not have stipulated space of 500 square meters “as given in PNDT Act.”
Though there is no mention of the claimed 500 square meters space in the PNDT Act.
“USG clinics should have adequate space to accommodate USG scanner, printer, CVT, table and couch for patient. The room should be large enough to allow trolley to be wheeled in the patient to be transferred to the couch,” reads the Act (Page no 28 (3) Para 1).
Some clinics were sealed as the clinic owners could not produce relevant document for averting their seizure. Many clinics had to face sealing because they were not duly registered under PNDT Act.
Many owners of ultrasound clinics which have been facing government action complained that they had applied for registration for long, but the files remained gathering dust with the advisory committees for the past many years as the same were non-functional.

PNDT Act being observed in breach or at whims?

SYED ALI SAFVI

SRINAGAR, Oct 13: Notwithstanding the hype created over strict implementation of PNDT Act by the state government, majority of its provisions are either being observed at the whims of helmsmen or in breach.
As per the Act, “to uphold the standard quality of USG clinics, the registration is given to those ultra-sound clinics/centres which have either a well qualified radiologist performing these investigations, possessing DMRD or MD or DNB in Radiology, or an MBBS doctor having sufficient experience and having undergone training in ultra-sonography.” (Page No 28 (3b) para 1)
Yet the statistics vis-à-vis the availability of radiologists and the clinics/centres registered under PNDT Act in the Valley are a pointer towards a mismatch between the words and the deeds of the helmsmen.
The entire valley has 43 clinics/ centres registered under the Act.
While the number of total Radiologists available there is only 41. Even out of them, five are working out of the state. Twenty three Radiologists are posted at Sher-e Kashmir Institute of Medical Sciences (SKIMS) at Soura and Bemina and private practice has been banned for SKIMS doctors. The remaining 13 Radiologists, posted at SMHS and other state-run hospitals, are doing ultra sonography.
Besides government hospitals, these radiologists are working in the private clinics as well. Though this is not allowed under the Act yet to meet the shortage of radiologists or other competent persons to do the job, through a circular of Directorate Health Services Kashmir the private practice has been allowed within the area specified, (18 kms for MBBS doctors and 10 kms for specialists).
Yet in this case also the rules have been brazenly violated by those `registered’ clinics/centres.
This also raises question as why some clinics/centres have been allowed to operate despite the fact that they too don’t fit the bill under PNDT Act for violation of its different provisions while others have been denied the same `privilege’ for inexplicable reasons.
However when this question is raised by those who have been denied the registration, the official response is that even their (43 clinics/centres’) registration is under review. This ‘review’ is on for the past three years.
“The officials say that USG should be performed by a Radiologist. How come it is possible since we have only 36 Radiologists in the valley and there are more than 250 USG clinics across the valley?” asks President Private Diagnostic Centre Association (PDCA), Umar.
This is also interesting to note that in government hospitals USG is performed by sonologists. The double yardsticks even on this account are inexplicable.
He said that in 2006 Directorate of Health Services had given registration to all doctors, who were running diagnostic centre in the valley, under Nursing Act.
“The doctors, who were given registrations under Nursing Act to perform USG, have now been banned to perform the test,” he said, adding that prior to 2006 not a single clinic was registered under any act “although Nursing Act dates back to 1963.”
Umar claimed that Sonology was not essentially the job of Radiologist.
“Radiologist is only meant for radio diagnosis. It is the Sonologist who is trained for performing USG,” he said, adding that in Police Hospital Srinagar it is the “Sonographer” who conducts USG.
Pertinently, there are about 250 USG clinics and of them 198 were registered under Nursing Act in 2006.
“These clinics can not be run by a handful of Radiologists,” Umar said.
Referring to the diagnostic equipments available in private sector, Umar said that Kashmir has only two nuclear medicine machines: One each in private clinic and public sector.
“There are seven Dexa scanners in private clinics and only one is in government sector. Similarly, 125 Digital X-ray plants are in private sector while government has only one at SKIMS,” he said. “Seven CT Scanners are in private clinics and four in government hospitals. MRI is done at five private clinics while the scan is done at four state-run hospitals in the valley.”
He said that since 2009 his Association had been urging the state government to register USG clinics under PNDT Act.
“We made the initiative, pleading the government to register our clinics under PNDT Act, but the government paid no heed to our frequent pleas,” he said. “Then it (government) dramatically sealed 200 USG clinics in the valley.”
Umar said that the “illegal” closure of USG clinics has made the matters worse for the proprietors.
“Twenty proprietors have become defaulters for failing to pay back the loan to banks. Most of us have sold gold to start USG units, but who cares!” he said.
He said that in order to implement PNDT Act in the valley, the government should take into confidence Private Diagnostic Centre Association.

Pick & choose in registering ultrasound clinics

SYED ALI SAFVI

SRINAGAR, Oct 11: Even as the state government recently sealed 200 ultrasound clinics in Kashmir valley alone and an unspecified number in Jammu region for “not adhering to PNDT act”, an official document has revealed that some “blue eyed” doctors have been allowed to operate their clinics despite failing to meet the requirements set out by the health department.
According to the official document, a copy of which is with Kashmir Times, as many as 43 ultrasound clinics have been duly registered and allowed to function in the Kashmir valley. 80 such clinics have got the go ahead in Jammu, Director Health Services, Jammu Division, Dr Madhu Khullar confirmed.
In complete violation of the recommendations of PNDT advisory committee, constituted by the government in 2002, at least in the Valley, the health department has allowed some blue-eyed doctors to run ultrasound clinics who have undergone four to eight months training.
Even as the health department seized 200 ultrasound clinics in the valley and atleast more than 25 in Jammu division on the pretext that doctors were not “fully trained” to do ultrasound, some clinics have been allowed to run their business for reasons best known to the health department.
According to the document, a doctor having undergone four months and 18 days training is also doing ultrasound at a clinic in Srinagar. Similarly, another doctor with six months training has been allowed to perform ultrasonography at Bemina.
The document further reveals that a doctor with four months training has been authorised to perform ultrasound at a clinic in Sopore. Similarly, another doctor with three months training is doing ultrasound at a clinic in Pulwama.
It is pertinent to mention here that Directorate of Health Service Kashmir had issued a circular specifying the area within which a doctor, working in government hospital, can perform private practice: 18 kms for MBBS doctors and 10 kms for specialists.
However, ironically, throwing all the norms and directives to the wind, the director has himself given registration to some doctors who have private clinics as far as 40 to 60 kms away from their place of postings. A doctor is posted at District Hospital Anantnag and he is running his clinic at Batamaloo. Similarly, another doctor is posted at District Hospital Budgam and he is running ultrasound unit at Nawpora.
Another doctor is posted at District Hospital Baramulla and he has been allowed to operate in a clinic at Karan Nagar Srinagar.
“The officials say that the registrations of some clinics, which have been allowed to function, are under review,” said President Private Diagnostic Centre Association (PDCA), Umar. “They have been under review for the last two years.”
According to Umar, in public sector only SMHS hospital is registered under PNDT act.
“All other hospitals including Lal Ded and SKIMS are not registered under PNDT Act,” he said.
Umar said that in June 2006, acting on the directions of High Court, Directorate of Health Services gave registration to ultrasound clinics in the state. However, since 2009, the directorate not only refused new registration, but also refused renewal of registrations.
“About 250 diagnostic centers have applied for registration and renewal of registration for USG, X-Rray and laboratories. Surprisingly, only a few have been registered for reasons best known to the authorities,” he added.
Significantly, in Delhi and many other states in India, any MBBS doctor, physician, gynaecologist, surgeon, neurologist, having six months training certificate from any recognised radiology department can apply for PNDT registration.
A senior doctor said, “I wonder if a doctor having four months or more training in sonography is competent enough to do USG in state run hospitals, how come he is not competent to do the same in private clinics.”
Pertinently, in the wake of disturbing disclosure in Census 2011 about alarming decline in sex ratio in J&K, the beleaguered state health ministry launched a crackdown against ultrasound clinics in the state.
The health ministry claimed in May last, that the sealed ultrasound clinics were involved in conducting banned sex determination tests (SDT). However, the official document reveals that not a single case has been registered in Kashmir against any Sonologist involved in SDT, as claimed by the government. Two cases were, however, registered in Jammu on June 14 and September 15, 2011 after Sonologists were caught red handed by the authorities while performing sex determination tests.
Despite legal experts and J&K Private Diagnostic Centre Association (JKPDCA) terming the clampdown as “illegal” and uncalled for, the state health department sealed 200 ultrasound clinics in Kashmir division and two clinics in Jammu division. Even as the government sealed a major chunk of ultrasound clinic in the state and refused to renew their registrations, the health department showed their generosity towards some ultrasound clinic by giving them license to operate, despite the fact that most of them fail to meet the requirements set out by the health department.
According to SRO, PNDT Act, registration can be given to doctors, who have undergone six months training. While throwing all norms to the wind, the directorate of health services Kashmir has given registration to “blue eyed” doctors who have undergone training of less than one year.
In brazen violation of the health department directives, seven doctors of the “registered” ultrasound units are working in more than one clinic.
When contacted, MoS Health, Javed Ahmad Dar, said that he did “know much” much about it. “Me thehra mamuli MoS (I am a simple MoS),” he told Kashmir Times. “Aap minister sahib se pooch lijiye (You ask minister). I don’t deal with all this.”
Director Health Services Kashmir, Dr Saleem, said that the government has appointed Dr Yashpal as nodal officer for PC-PNDT. “He (Dr Yashpal) will be a better person to talk on the matter,” he said.
When contacted, Dr Yashpal too refused to comment on the matter. “I’m nowhere involved in the process. Director sahib has sealed the clinics, so he will be a better person to reply to your queries,” he said.
According to sources, two ultrasound clinics were sealed by the health department in Anantnag district. However, they were reopened within 24 hours.
Some proprietors of ultrasound units this reporter spoke to alleged that the health authorities were asking them to pay Rs 50000 towards them if they want to restart their units.
Pertinently, as per the PNDT Act, even MBBS doctor having undergone training in ultra-sonography can do the ultrasound.
“To uphold the standard quality of USG clinics the registration is given to those ultrasound centers who have either a well qualified radiologist performing these investigations, possessing DMRD or MD or DNB in radiology, or an MBBS doctor having sufficient experience and having undergone training in ultra-sonography,” reads the Act (Page no 28 (3b) Para 1).

Ghost of rotational chief ministerialship comes to haunt again

Is Cong eyeing mid-term change of power in J&K?

SYED ALI SAFVI

SRINAGAR, Oct 7: Ever since National Conference-Congress coalition took the reins of the government in the state, the coalition functioning has been marred by recurrent tussle between the two historically estranged parties.

The Omar Abdullah led coalition government started on a rather uneasy note as the two partied found it tough to sit together to chalk out a common minimum programme (CMP), outlining the goals of the coalition.

The 32-month-old coalition has witnessed the two parties more often locking horns with each other on a range of issues including the mid-term change of guard in the state.

As the Omar Abdullah-led government is nearing three years, the ghost of rotational chief ministerialship has begun to haunt corridors of power once again.

The issue assumes greater significance in the backdrop of Congress workers’ common complaint against “deep-rooted corruption” and “mis-governance” in the state. They also blamed the government for not treating Congress workers at par with NC workers.

The complaint was also endorsed by State Congress chief, Prof Saif-ud-Din Soz, who admitted that Congress workers have grievances against the NC-led coalition government.

“Government seems to be functioning only on papers. State Congress unit is losing its credibility at the cost of misdeeds of National Conference,” president J&K Pradesh Youth Congress, Shoaib Lone said. Enough is enough! It’s high time that Congress takes the reins of the government in its hands.”

Lone said that the constituencies of Congress MLAs have been ignored by the NC led government.

“Direct recruitments by police were done in only three constituencies in the state and all the three constituencies were won by NC party,” he said.

The fate of R&B portfolio, which still lies vacant, can serve as the classical example of coalition (mis)functioning.

The Congress high command had asked then R&B minister, GM Saroori, to step down on August 25 last year following the alleged impersonation of his daughter in entrance examination.

Ever since, the portfolio lies vacant. Thirteen months on, the Congress is yet to decide on Saroori’s successor. The portfolio is presently lying with the chief minister.

A senior state Congress leader said that the party workers were not satisfied with the party’s coalition partner.

“There are genuine development grievances. Even NREGA, IAY are not been properly distributed,” he said.

Amidst all the squabbling and blaming, the state Congress workers of all the three regions have upped the demand for change of guard in the state “just as was done in case of erstwhile PDP-Congress coalition”.

Unlike 2010, the mood at 10 Janpath seems to have changed. This can be gauged from the response of Congress general secretary, Rahul Gandhi, when he was asked about the issue of rotational chief ministerialship.

Not ruling out the possibility of change of guard in the state, Rahul said, “It (rotational of chief minister) is to be decided by the party high command.”

Pertinently, the Gandhi scion had come out in all out support for the beleaguered Abdullah scion when the valley was reeling under unprecedented civil unrest last year and thus punctured a campaign to replace Omar Abdullah.

“The common demand put forth by people, mostly youth, in all the three regions Rahul Ji visited was about the rotation of chief minister,” said another senior leader of J&K Pradesh Youth Congress (PYC).

He said that the at Young Panch Sarpanch convention, one of the Panchs told Rahul Gandhi that the state government had done its best “to sabotage the convention”.

“He told Rahul Ji that despite knowing the state Congress has organised a convention for recently elected Panchs and Sarpanchs, the state government also has organised a parallel meet for Panchs and Sarpanchs on the same day,” he said.

Rahul Ganhdi, who is considered to be a close friend of junior Abdullah, curiously, declined the latter’s dinner invitation during his two-day visit to the state. Rahul also refused to avail state’s hospitality. Moreover, when Rahul arrived in Srinagar, Omar was holidaying in Singapore.

For Omar Abdullah, nothing seems to be going right. From his personal life to public life, he is dogged by controversies. The ship of Omar Abdullah government already finds itself in troubled waters. If the issue of recovery of unnamed graves was not enough, the government has landed itself into yet another controversy over the alleged custodial death of ruling NC worker.

The opposition has upped the ante against the government with state’s principal opposition party, People’s Democratic Party (PDP) demanding resignation of Omar Abdullah, NC president, Farooq Abdullah, and MoS Home, Nasir Aslam Wani.

J&K SIC gets 2 more commissioners

SYED ALI SAFVI

SRINAGAR, Oct 7: Seven years after Central RTI Act was passed in the J&K State Legislative Assembly, the government today finally made the State Information Commission (SIC) full-fledged with the appointment of two State Information Commissioners (SICs) today.

The appointment of Information Commissioners had been delayed for too long by the government, which had, consequently, adversely affected the implementation of RTI Act in the state.

Pertinently, the government had appointed former Chief Income Tax Commissioner, GR Sofi as the first chief information commissioner (CIC) of the state way back in January 28, 2011.

Even as the chief minister, Omar Abdullah, had assured last year that the information commissioners would be appointed before the start of Budget session of the state Assembly in Jammu, the selection process was delayed wing to frequent postponement of selection committee meetings.

State’s principal opposition party, People’s Democratic Party (PDP) president, Mehbooba Mufti, had, during a recently concluded autumn session of the state assembly, alleged that the state government was delaying the selection of information officer under a “well planned conspiracy”.

The delay in selection was adversely affecting the functioning of the State Information Commission.

“There are hundreds of cases already piled up in the commission office. It was impossible for CIC to go through all the cases,” sources said.

In exercise of the powers conferred upon him under J&K RTI Act 2009, Section 12 (3), Governor, NN Vohra, today appointed former Dean, Faculty of Law, University of Jammu (JU), Dr Sudesh Kumar Sharma and Chief Engineer, R&B, Nazir Ahmed as State Information Commissioners on the recommendation of the Selection Committee set up for the purpose.

“The state government has not only been late in appointing the information commissioners, but the government had also dilly-dallied on the appointment of chief information commissioner,” said a senior political leader.

He said that only constituting commissions are of lesser importance unless these commissions are given more teeth.

“Let’s not turn the commissions into rehabilitation centres for blue-eyed retired babus,” he said.

J&K RTI Movement, which has been spearheading campaign on enforcement of RTI Act in the state, has welcomed the decision.

Convener RTI Movement, Dr Raja Muzaffar, expressed hope that the commission would take up “cases of serious importance” which are lying in the office for more than six months.

“Since the commission has been fully strengthened with appointments of state information commissioners, we are sure that the importance cases already lying with the commission are given priority,” he told Kashmir Times.