EARLY TIMES, JAMMU. APRIL 18, 2012
Without adhering 'Section 4' RTI act remains an Illusion
RAMAN SHARMA Three years later, when we make a critical analysis of
the implementation of Right to Information Act in Jammu
and Kashmir, may be on a cursory look, we find many reasons to appreciate the state legislature, government, bureaucrats, State Information Commission and of course the dedicated RTI volunteers and the RTI applicants for their contribution to strengthen this act in the state because now almost each day we find one or two major news items related to RTI activities in the Newspapers and every time the Chief Minister and his colleagues patting their back for implementing this act. But if this scribe who is also an RTI volunteer is given an opportunity to evaluate the state government's seriousness in implementing the RTI act in letter and spirit, then honestly he may not be able to give more than 3 out of 10 points to the state government.
As per latest data posted on Jammu and Kashmir State Information Commission's Website (www.jksic.in), it is more shocking to see that even today (after more than 3 years since RTI) only 12 departments out of more than 150 Public Authorities are fully adhering the act in toto and yet many Public Authorities and highest offices like Chief Minister's Office, Raj Bhawan, Jammu and Kashmir High Court, J and K's Chief Electoral's Office, State Home Department, State Human Rights Commission, State Accountability Commission, State Planning Department, Office of Divisional Commissioner Kashmir/Jammu and all the deputy commissioner's offices of the state are amongst the top defaulters that are not adhering and honoring all the provisions of the transparency law, i.e. Jammu and Kashmir Right to Information Act 2009. However, the above said offices and Public Authorities are somehow providing information to the RTI applicants only when requested but it is worth to mention here that RTI is not all to demand and then provide information. There is a provision in RTI Act which bounds the government departments to disseminate much information pro-actively. They should publicly disclose the powers and functions of any officer in a government office, a directory of officers and employees, the manner of execution of subsidy programs, amount allocated and the name of each beneficiary of a scheme. The government departments are also bound to provide reason for administrative or quasi-judicial decisions to affected persons, the provisions of the act also say that the government departments must also make voluntary disclosure of monthly remuneration received by its officers and employees and the budget allocated to it and so on.
Jammu based renowned legal expert advocate, Shiekh Shakeel Ahmad while interpreting Jammu and Kashmir Right to Information Act termed 'Section 4' as the Crux of the whole act, he informed that there are total 28 sections in the JK RTI Act and the most important or we must say the soul of the act is section 4 which necessitates every Public Authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates Right to Information under the act and it also calls for ensuing computerization of all records within a reasonable time. Showing grave disappointment over the casual approach of the government in implementation of the act, Shiekh Shakeel, said "Without adhering 'Section 4' RTI Act will remain an Illusion".
Another RTI activist and Convener Sangarsh RTI Movement Sardar Balvinder Singh when asked to share his experiences with regard to implementation of the act during past 3 years, he also stressed for proper implementation of Section 4, he informed that all Public Authorities were under legal obligation to implement this section within 120 days from the day when this act came into existence (counting from 20th March/2009). He complained and argued that if only section 4 of the act is properly implemented in the state then more than 80 percent RTI applications will be reduced. He said that the state government should see the model of Gujarat and Rajasthan states where the Public Authorities have voluntarily disclosed most of the information on walls, notice boards and Websites in local languages.
Let all the stakeholders realize the fact that it is collective responsibility of all of us to strengthen the regime of transparency as the preamble of the act itself says that Constitution of India has established democratic Republic and democracy requires an informed citizenry and transparency of information is vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed and revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments. So the government departments/institutions/commission and Public Authorities that have not been able to fully implement and honour all the provisions of this law yet, must preserve the paramountcy of the democratic ideal and make arrangements for proper implementation of all the sections and sub sections of the Jammu and Kashmir Right to Information Act 2009, because we are living in a country where rule of law prevails and we cannot afford to defy the laws made by none other than our own institutions i.e. legislatures.
In conclusion, let us hope that within limited available resources, the concerned Public Authorities do the needful and the people of the state will witness a strong and sustainable regime of transparency and accountability.
Raman Sharma an RTI activist can be reached [@] JKRTIACT@GMAIL.COM
JKNEWSPOINT, 18/APRIL/2012
http://www.jknewspoint.com/index.php/forum/41516-without-adhering-section-4-rti-act-remains-an-illusion
and Kashmir, may be on a cursory look, we find many reasons to appreciate the state legislature, government, bureaucrats, State Information Commission and of course the dedicated RTI volunteers and the RTI applicants for their contribution to strengthen this act in the state because now almost each day we find one or two major news items related to RTI activities in the Newspapers and every time the Chief Minister and his colleagues patting their back for implementing this act. But if this scribe who is also an RTI volunteer is given an opportunity to evaluate the state government's seriousness in implementing the RTI act in letter and spirit, then honestly he may not be able to give more than 3 out of 10 points to the state government.
As per latest data posted on Jammu and Kashmir State Information Commission's Website (www.jksic.in), it is more shocking to see that even today (after more than 3 years since RTI) only 12 departments out of more than 150 Public Authorities are fully adhering the act in toto and yet many Public Authorities and highest offices like Chief Minister's Office, Raj Bhawan, Jammu and Kashmir High Court, J and K's Chief Electoral's Office, State Home Department, State Human Rights Commission, State Accountability Commission, State Planning Department, Office of Divisional Commissioner Kashmir/Jammu and all the deputy commissioner's offices of the state are amongst the top defaulters that are not adhering and honoring all the provisions of the transparency law, i.e. Jammu and Kashmir Right to Information Act 2009. However, the above said offices and Public Authorities are somehow providing information to the RTI applicants only when requested but it is worth to mention here that RTI is not all to demand and then provide information. There is a provision in RTI Act which bounds the government departments to disseminate much information pro-actively. They should publicly disclose the powers and functions of any officer in a government office, a directory of officers and employees, the manner of execution of subsidy programs, amount allocated and the name of each beneficiary of a scheme. The government departments are also bound to provide reason for administrative or quasi-judicial decisions to affected persons, the provisions of the act also say that the government departments must also make voluntary disclosure of monthly remuneration received by its officers and employees and the budget allocated to it and so on.
Jammu based renowned legal expert advocate, Shiekh Shakeel Ahmad while interpreting Jammu and Kashmir Right to Information Act termed 'Section 4' as the Crux of the whole act, he informed that there are total 28 sections in the JK RTI Act and the most important or we must say the soul of the act is section 4 which necessitates every Public Authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates Right to Information under the act and it also calls for ensuing computerization of all records within a reasonable time. Showing grave disappointment over the casual approach of the government in implementation of the act, Shiekh Shakeel, said "Without adhering 'Section 4' RTI Act will remain an Illusion".
Another RTI activist and Convener Sangarsh RTI Movement Sardar Balvinder Singh when asked to share his experiences with regard to implementation of the act during past 3 years, he also stressed for proper implementation of Section 4, he informed that all Public Authorities were under legal obligation to implement this section within 120 days from the day when this act came into existence (counting from 20th March/2009). He complained and argued that if only section 4 of the act is properly implemented in the state then more than 80 percent RTI applications will be reduced. He said that the state government should see the model of Gujarat and Rajasthan states where the Public Authorities have voluntarily disclosed most of the information on walls, notice boards and Websites in local languages.
Let all the stakeholders realize the fact that it is collective responsibility of all of us to strengthen the regime of transparency as the preamble of the act itself says that Constitution of India has established democratic Republic and democracy requires an informed citizenry and transparency of information is vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed and revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments. So the government departments/institutions/commission and Public Authorities that have not been able to fully implement and honour all the provisions of this law yet, must preserve the paramountcy of the democratic ideal and make arrangements for proper implementation of all the sections and sub sections of the Jammu and Kashmir Right to Information Act 2009, because we are living in a country where rule of law prevails and we cannot afford to defy the laws made by none other than our own institutions i.e. legislatures.
In conclusion, let us hope that within limited available resources, the concerned Public Authorities do the needful and the people of the state will witness a strong and sustainable regime of transparency and accountability.
Raman Sharma an RTI activist can be reached [@] JKRTIACT@GMAIL.COM
JKNEWSPOINT, 18/APRIL/2012
http://www.jknewspoint.com/index.php/forum/41516-without-adhering-section-4-rti-act-remains-an-illusion
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DAILY EXCELSIOR, 03/JUNE/2012.
Raman Sharma
Three years later, when we make a critical analysis of the implementation of Right to Information Act in Jammu and Kashmir, may be on a cursory look, we find many reasons to appreciate the State Legislature, Government, Bureaucrats, State Information Commission and of course the dedicated RTI volunteers and the RTI applicants for their contribution to strengthen this act in the state because now almost each day we find one or two major news items related to RTI activities in the newspapers and every time the Chief Minister and his colleagues patting their back for implementing this act. However there are certain areas which need to be addressed at the earliest to make it more effective.
As per latest Data posted on Jammu and Kashmir State Information Commission's Website (www.jksic.in), it is more shocking to see that even today (after more than 3 years since RTI) only 12 departments, out of more than 150 Public authorities are fully adhering to the act in toto and yet many Public Authorities and highest offices like Chief Minister's Office, Raj Bhawan, Jammu and Kashmir High Court, J and K's Chief Electoral Office, State Home Department, State Human Rights Commission, State Accountability Commission, State Planning Department, Office of Divisional Commissioner Kashmir/Jammu and all the Deputy Commissioner's offices of the state are amongst the top defaulters that are not adhering to and honouring all the provisions of the transparency law, i.e Jammu and Kashmir Right to Information Act 2009.
However, the above said offices and Public Authorities are somehow providing information to the RTI applicants only when requested but it is worth to mention here that RTI is not all to demand and then provide information. There is a provision in RTI Act which binds the government departments to disseminate much information pro-actively. They should publicly disclose the powers and functions of any officer in a Government office, a directory of officers and employees, the manner of execution of subsidy programmes, amount allocated and the name of each beneficiary of a scheme. The Government departments are also bound to provide reason for administrative or quasi-judicial decisions to affected persons. The provisions of the act also say that the Government departments must also make voluntary disclosure of monthly remuneration received by its officers and employees and the budget allocated to it and so on.
Jammu based renowned legal expert Advocate Shiekh Shakeel Ahmad while interpreting Jammu and Kashmir Right to Information Act termed 'Section 4' as the Crux of the whole act. He informed that there are total 28 sections in the JK RTI Act and the most important or we must say the soul of the Act is section 4 which necessitates every Public Authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates Right to Information under the Act and it also calls for ensuing computerization of all records within a reasonable time. Showing grave disappointment over the casual approach of the Government in implementation of the Act, Shiekh Shakeel said "Without adhering 'Section 4' RTI Act will remain an illusion.''
Another RTI activist and Convener Sangarsh RTI Movement Sardar Balvinder Singh when asked to share his experience with regard to implementation of the act during past 3 years, he also stressed for proper implementation of Section 4, he informed that all Public Authorities were under legal obligation to implement this section within 120 days from the day when this Act came into existence (counting from 20th March, 2009). He complained and argued that if only section 4 of the act is properly implemented in the state then more than 80 percent RTI applications will be reduced. He said that the State Government should see the model of Gujarat and Rajasthan states where the Public Authorities have voluntarily disclosed most of the information on walls, notice boards and website in local language.
Let all the stakeholders realize the fact that it is collective responsibility of all of us to strengthen the regime of transparency as the preamble of the act itself says that Constitution of India has established democratic Republic and democracy requires an informed citizenry and transparency of information is vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed and revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments.
So the Government departments/ institutions/commission and Public Authorities that have not been able to fully implement and honour all the provisions of this law yet, must preserve the paramountcy of the democratic ideal and make arrangements for proper implementation of all the sections and sub sections of the Jammu and Kashmir Right to Information Act 2009, because we are living in a country where rule of law prevails and we cannot afford to defy the laws made by none other than our own institutions i.e legislatures.
In conclusion, let us hope that within limited available resources, the concerned Public Authorities do the needful and the people of the state will witness a strong and sustainable regime of transparency and accountability.
(The author is an RTI activist)
As per latest Data posted on Jammu and Kashmir State Information Commission's Website (www.jksic.in), it is more shocking to see that even today (after more than 3 years since RTI) only 12 departments, out of more than 150 Public authorities are fully adhering to the act in toto and yet many Public Authorities and highest offices like Chief Minister's Office, Raj Bhawan, Jammu and Kashmir High Court, J and K's Chief Electoral Office, State Home Department, State Human Rights Commission, State Accountability Commission, State Planning Department, Office of Divisional Commissioner Kashmir/Jammu and all the Deputy Commissioner's offices of the state are amongst the top defaulters that are not adhering to and honouring all the provisions of the transparency law, i.e Jammu and Kashmir Right to Information Act 2009.
However, the above said offices and Public Authorities are somehow providing information to the RTI applicants only when requested but it is worth to mention here that RTI is not all to demand and then provide information. There is a provision in RTI Act which binds the government departments to disseminate much information pro-actively. They should publicly disclose the powers and functions of any officer in a Government office, a directory of officers and employees, the manner of execution of subsidy programmes, amount allocated and the name of each beneficiary of a scheme. The Government departments are also bound to provide reason for administrative or quasi-judicial decisions to affected persons. The provisions of the act also say that the Government departments must also make voluntary disclosure of monthly remuneration received by its officers and employees and the budget allocated to it and so on.
Jammu based renowned legal expert Advocate Shiekh Shakeel Ahmad while interpreting Jammu and Kashmir Right to Information Act termed 'Section 4' as the Crux of the whole act. He informed that there are total 28 sections in the JK RTI Act and the most important or we must say the soul of the Act is section 4 which necessitates every Public Authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates Right to Information under the Act and it also calls for ensuing computerization of all records within a reasonable time. Showing grave disappointment over the casual approach of the Government in implementation of the Act, Shiekh Shakeel said "Without adhering 'Section 4' RTI Act will remain an illusion.''
Another RTI activist and Convener Sangarsh RTI Movement Sardar Balvinder Singh when asked to share his experience with regard to implementation of the act during past 3 years, he also stressed for proper implementation of Section 4, he informed that all Public Authorities were under legal obligation to implement this section within 120 days from the day when this Act came into existence (counting from 20th March, 2009). He complained and argued that if only section 4 of the act is properly implemented in the state then more than 80 percent RTI applications will be reduced. He said that the State Government should see the model of Gujarat and Rajasthan states where the Public Authorities have voluntarily disclosed most of the information on walls, notice boards and website in local language.
Let all the stakeholders realize the fact that it is collective responsibility of all of us to strengthen the regime of transparency as the preamble of the act itself says that Constitution of India has established democratic Republic and democracy requires an informed citizenry and transparency of information is vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed and revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments.
So the Government departments/ institutions/commission and Public Authorities that have not been able to fully implement and honour all the provisions of this law yet, must preserve the paramountcy of the democratic ideal and make arrangements for proper implementation of all the sections and sub sections of the Jammu and Kashmir Right to Information Act 2009, because we are living in a country where rule of law prevails and we cannot afford to defy the laws made by none other than our own institutions i.e legislatures.
In conclusion, let us hope that within limited available resources, the concerned Public Authorities do the needful and the people of the state will witness a strong and sustainable regime of transparency and accountability.
(The author is an RTI activist)
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