Honourable Governor NN Vohra in meet with RTI Activists at Raj Bhavan, Jammu.
Text of of Memorandum submitted to Governor.
To
The Honourable Governor,
Jammu and Kashmir State,
Jammu.
Subject: Memorandum Carrying
Demands/Suggestions for Strengthening
Right to Information Act in Jammu and
Kashmir State.
Respected Sir,
We the
following RTI Activists and members of the Sangarsh RTI Movement in JK wish to
submit the following important points to your kind notice and intervention to
strengthen Right to Information Act in J & K State to bring accountability
and transparency in the governance and administrative set up. The details are
as follow:
As your good self is well aware that state
government vide SRO no 279 dated 30/Aug/2012 have amended the RTI Rules without
any public consultation and even without seeking any recommendation from the
State Information Commission, this amendment has obviously curtailed the powers
of the State Information and ultimately affected the law. RTI Activist of the
state and even the former Chief Information Commissioner of India Mr. Wajahat Habibullah
had opposed these amendment and have urged the government to review its order. The
State government be directed to restore the earlier rules i.e. Jammu and
Kashmir Rules 2010.
There are number of instances where the
information seekers have been pressurised and harassed by different Authorities
for seeking information under RTI Act, a number of RTI activist here in our
state have also received Life threats. So there is an urgent need to set up
such a mechanism so that the information seekers/citizens can seek information
under the RTI Act without any fear and bring important issues and unmask
corrupt practices in the administration and in different public departments.
As per section 23 of J & K RTI Act 2009, it
is legal duty of the State government to develop and organize educational
programs for the awareness of the act for general public and training programs
for the Public Information Officers but so far the state government has
conducted no awareness program for the public, though the state government has
started training programs for the officers. The
government must comply the provisions of the act involving stake holders
to organize mass awareness programs at Block and Panchayat Level.
As per section 4 of Jammu and Kashmir Right to
information Act, 2009 certain kind of information needs to be proactively
disclosed by all the public authorities but unfortunately only a few Public
Authorities have been able to publish such information on their official
website or on notice boards, even today after more than 4 years since enactment
of the act this important provision of the act has not been adhered by the government
departments. All the heads of the departments be asked to strictly follow this
provision of the law and public the relevant information at an earliest.
There is deficiency of assisting staff at Jammu
and Kashmir State Information Commission which is the apex body for dealing
with matters related to RTI Act. Without adequate staff, the smooth functioning
of the commission gets affected. The General Administration department may be
directed to provide the required staff to commission at an earliest.
The State Information Commission may also be
directed to hold regular meetings with the members of the civil society and the
RTI volunteers so that the stake holders can apprise the commission about their
grievances for appropriate directions. As of now the SIC has not made any such
mechanism for interaction with the stake holders.
The state Information commission may also be
asked to strictly decide the cases as per the mandate of law irrespective any
officers’ rank and file, without any fear and favour. The commission may also
be directed to set up a mechanism so that on camera proceedings of the cases are
held for larger transparency and to build confidence of the citizens on this
institution.
There is no special assisting staff provided to
the Public Information Officers/ Assistant Public Information Officers and
appellate authorities to provide information to the information seekers, even
there is no budgetary provision for the implementation of the RTI Act. The PIO’s also complaint that they have no establish infrastructure in
their respective offices for smooth performance of their duty. The state
government may be asked to make budgetary provision for proper implementation
of the act, all the PIO’s may be provided at least one exclusive
clerk/assistant for disposal of RTI applications. The PIO’s who do not have any
computer may kindly be provided the same without any delay.
The
state information and Publicity department may kindly be asked to give wide
publicity (in local languages through newspapers/TV/Radio ) to the important
provisions of the act to encourage the
general masses to exercise their right.
All
The universities of the state may kindly be roped in to enhance the scope of
training and awareness of this transparency law. The universities at their own
level and also with the help of government and private colleges be asked to
organize regular state level, inter college/ district level awareness
programs/seminars/ symposiums / debates.
Our Organization Sangarsh RTI Movement Shall be pleased to provide all kind of
assistance to the Universities and College for this noble cause.
We are
hopeful that our submission would be considered by your good self. Thanks in
anticipation !
Dated: 08/Jan/2013 Yours
Faithfully,
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Balvinder Singh,
Convener
Sangarsh RTI
Movement
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Raman Sharma,
Founder,
Sangarsh RTI
Movement
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Dewaker
Sharma,
Advocate,
Member
Sangarsh RTI Movement
|
Harasis Singh,
RTI Activist,
member,
Sangarsh RTI
Movement
|
Deepak Sharma,
RTI Activist,
member Sangarsh
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