Halfhearted implementation of RTI Act - II
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.
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