Proactive disclosure of information under the J&amp;K RTI Act remains poor

Proactive disclosure of information under the J&K RTI Act remains poor

By Venkatesh Nayak*
The J&K Right to Information Act (J&K RTI Act) entered its 9th year of implementation on March 20, 2017. A Rapid Study of the official websites of 230 public authorities under the J&K Government conducted by J&K RTI Movement and CHRI reveals that compliance with the requirement of proactive disclosure of information under Section 4(1)(b) of the J&K RTI Act remains poor. Key findings from this Rapid Study are given below. J&K RTI Movement and CHRI are discussing these findings in order to identify practical recommendations for improving compliance with Section 4(1)(b) of the J&K RTI Act, today (20 March, 2017) at the Institute of Management, Public Administration and Rural Development (IMPA), Srinagar.

What is proactive information disclosure under Section 4 of the J&K RTI Act?

Section 4(1)(b) of the J&K RTI Act makes it compulsory for all public authorities to place a wealth of information in the public domain. This includes detailed information about their organization and functions, powers and duties of their officials, rules, regulations, norms and manuals that must guide their work, details of decision-making processes, budgets and expenditure, subsidiary programmes implemented, authorisations and permits issued and a list of all records held in paper or electronic form.
Additionally, every public authority is required to publicise relevant facts about all important policy matters or decisions it takes, from time to time. Every person who is affected by any decision of a public authority has the right to be informed of the reasons behind such decisions. Section 4(2) of the J&K RTI Act explains that the purpose of proactively disclosing all this information is to reduce people’s need to seek information by filing formal RTI applications. A deeper examination of the scheme of the J&K RTI Act indicates that proactive disclosure of information is prioritized over reactive disclosure i.e., supplying information against formal RTI applications.

Key findings from the Rapid Study conducted by J&KRTI Movement and CHRI

Key findings from a rapid study of the official websites of the two Divisional Commissioners, the administration of 22 districts and 206 departments, autonomous bodies and other public authorities are as follows:

The DivComs and all districts have official websites. 59% of the districts have not uploaded Section 4(1)(b) information to a reasonable degree of compliance on their official websites. They are either incomplete or not published at all.
3/4ths of the district websites do not display any information about their annual budgets. Only the district administration of Bandipora and Budgam have displayed the latest budget-related information for 2016-17.
The Kargil district website is the best of all district websites included in this Rapid Study. Detailed information about the working of the Deputy Commissioner’s office and other departments in the district has been published in compliance with the J&K RTI Act. Udhampur seems to be the only district administration to display the physical verification reports of the developmental projects undertaken under various developmental programmes up to 2016.
Some districts have nevertheless taken innovative steps to display other categories of information proactively. Doda district website displays property statements of the officials of the DC’s office, and the Tahsildars and the total number of various types of ration cards issued by the administration, Tahsil-wise. Websites of Samba, Rajouri and Pulwama display the number of complaints received under the J&K Public Services Grievances Act, 2011. However this information is also not regularly updated.
More than 15% of the remaining 209 public authorities (other than DivComs and District Administration) in J&K covered by the study do not have websites. As many as 4 out of every 10 of the 177 public authorities with official websites do not display any information required to be proactively disclosed under Section 4(1)(b) of the J&K RTI Act. Compliance is only 57.62%.
2% (32) of the public authorities have not displayed any details regarding the PIOs and FAAs designated by them for dealing with RTI applications and first appeals.
More than 3/4ths (138) of the public authorities with websites have not displayed budget-related information. Only two public authorities have displayed budget related information for the latest year i.e., 2017-18 (namely, Finance Dept. and the Directorate of Audit and Inspections). Six of the remaining public authorities have displayed budget related information for the year 2016-17 (namely, the Directorates of Horticulture and Animal Husbandry, the J&K Legislative Assembly, the J&K Legislative Council, IMPA and Sher-e-Kashmir University of Agricultural Sciences and Technology).
Under the section relating to budget and expenditure, the website of the Chief Minister’s Secretariatstates as follows: “Chief Minister’s Secretariat does not have budget allocation for any programme nor it has any agency under its direct control.”
However, the budget document uploaded on the website of the Finance Department displays the following sums of money allocated to the Council of Ministers and the CM’s Secretariat in 2017-18: (1) Council of Ministers (Voted): Rs. 752.80 lakhs; (2) CM’s Secretariat- GAD: Salary, travel expenses, Medical reimbursement grant- Rs. 54.80 lakhs; and (3) CM’ Secretariat- GAD: Secret Services expenses: Rs. 1,500 lakhs.The budget-related section of the RTI Handbook (Manual) of the Governor’s office (Raj Bhawan) has not been updated after 2014-15.

The website of the J&K General Administration Department– the nodal department for implementing the J&K RTI Act, has not been updated for budget-related information after 2016.
This Rapid Study is an outcome of the Internship Programme that CHRI hosted at its New Delhi office for Adv. (Ms.) Syed Iram Quadri and Adv. Bilal Ahmed Bhat, members, J&K RTI Movement (J&K RTI Movement) and the School for Rural Development and Environment (SRDE), from 01-28 February, 2017. CHRI and J&K RTI Movement have compiled this preliminary report.
—
*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

Adani coalmine delayed? Australian senate fails to pass crucial "reform" amendment for project's financial closure

Adanis' Mundra power plant, controversial in Australia By A Representative In what is being described as a new “new hurdle”, the proposed Adani coalmine in the Queensland state of in Australia failed to get the crucial Australian Parliamentary nod, essential for financial closure for one of the biggest coalmining projects in the world. The government lost the Senate vote 35-33, meaning the legislation won't pass until the Senate returns in mid-June.

Paul Newman wasn't just remarkably talented, he was anti-war activist, disdained Hollywood excesses

By Harsh Thakor* On January 26th of this year, we celebrated the birth centenary of Paul Newman, one of the finest actors of his era. His passing on September 26, 2008, after a prolonged battle with lung cancer, was met with an outpouring of tributes and remembrances from artists across the film industry, all sharing their thoughts and memories of the legendary actor.

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

Health expert Dr Amitav Banerjee on commercialization of healthcare and neglect of natural immunity

By AK Shiburaj In an interview with me, eminent health expert Dr. Amitav Banerjee has examined the impact of privatization on the healthcare sector, the implications of the World Health Organization (WHO) becoming a commercially driven entity, and the consequences of a pharmaceutical industry prioritizing profit over public health. He argues that an approach ignoring the importance of natural immunity fosters a drug-centric system that undermines the benefits of modern medicine.

Haven't done a good deed, inner soul is cursing me as sinner: Aurangzeb's last 'will'

Counterview Desk The Tomb of Aurangzeb, the last of the strong Mughal emperors, located in Khuldabad, Aurangabad district, Maharashtra, has this epitaph inscribed on it: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e maa ghareebaan gumbad e gardun bas ast" (the rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave).

Trust, we (from People to PM and President) did not take a Holy Dip in some Holy Shit!

By Dr Mansee Bal Bhargava I could see two deeply interlinked aspects between human and water in #MahaKumbh2025. Firstly, the HOPE that a ‘holy dip’ in the River Ganga (colloquially referred as dubki and spiritually as ‘Snan’) will cleanse oneself (especially the sins); and secondly, the TRUST that the water is pure to perform the cleansing alias living the hope. Well, I consider hope to be self-dependent while, trust is a multi-party dependent situation. The focus here is on the trust and I shall write later on hope.

Hyderabad seminar rekindles memories of the spark lit 50 years ago by students

By Harsh Thakor* History is something we constantly remember and reflect upon, but certain moments and events bring it back to our memory in a special way. For the Telugu people, and Telangana in particular, the memorial seminar held on February 20–21 was a significant occasion to recall the glorious events, transformations, leaders, and heroes of past struggles. Thousands of students rewrote the history of people's movements in Andhra Pradesh, carrying revolutionary zeal and the spirit of self-sacrifice to levels comparable to the Russian and Chinese Revolutions.

4th Dalit literature festival to address critical issues affecting Dalits, women, tribals

By A Representative The 4th Dalit Literature Festival (DLF) has been announced, with the theme "World Peace is Possible Through Dalit Literature." The festival will take place on February 28th and March 1st, 2025, at Aryabhatta College, University of Delhi (South Campus). Organized by the Ambedkarvadi Lekhak Sangh (ALS) in collaboration with Aryabhatta College, Dalit Adivasi Shakti Adhikar Manch (DASAM), and other organizations, the DLF aims to highlight the power of Dalit literature in fostering global peace and addressing social injustices.

Vadodara citizens urge authorities to adhere to environmental mandates in Vishwamitri River Rejuvenation Project

By A Representative A coalition of environmental activists, ecologists, and urban planners in Vadodara has issued an urgent appeal to state and municipal authorities, demanding strict compliance with court-mandated guidelines for the upcoming Vishwamitri River rejuvenation project. Scheduled to commence in March 2025, the initiative aims to mitigate flooding and restore the river, but citizens warn that current plans risk violating National Green Tribunal (NGT) orders and jeopardizing the river’s fragile ecosystem, home to endangered species like crocodiles and Indian Softshell Turtles.

Buddhist communities in Michigan protest for Mahabodhi Temple’s return to Buddhist control

By A Representative Buddhist communities in Michigan have staged protests demanding the return of the Mahabodhi Vihara in Gaya, Bihar, India, to full Buddhist control. The Mahabodhi Temple, regarded as the holiest pilgrimage site in Buddhism, is currently managed under the Bodhgaya Temple Act of 1949, which grants a majority of control to non-Buddhists.

Search This Blog