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

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor* Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.

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...

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das* India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा* जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए।

Incarcerated for 2,424 days, Sudhir Dhawale combines Ambedkarism with Marxism

By Harsh Thakor One of those who faced incarceration both under Congress and BJP rule, Sudhir Dhawale was arrested on June 6, 2018, one of the first six among the 16 people held in what became known as the Elgar Parishad case. After spending 2,424 days in incarceration, he became the ninth to be released from jail—alongside Rona Wilson, who walked free with him on January 24. The Bombay High Court granted them bail, citing the prolonged imprisonment without trial as a key factor. I will always remember the moments we spent together in Mumbai between 1998 and 2006, during public meetings and protests across a wide range of issues. Sudhir was unwavering in his commitment to Maoism, upholding the torch of B.R. Ambedkar, and resisting Brahmanical fascism. He sought to bridge the philosophies of Marxism and Ambedkarism. With boundless energy, he waved the banner of liberation, becoming the backbone of the revolutionary democratic centre in Mumbai and Maharashtra. He dedicated himself ...

State Human Rights Commission directs authorities to uphold environmental rights in Vadodara's Vishwamitri River Project

By A Representative The Gujarat State Human Rights Commission (GSHRC) has ordered state and Vadodara municipal authorities to strictly comply with environmental and human rights safeguards during the Vishwamitri River Rejuvenation Project, stressing that the river’s degradation disproportionately affects marginalized communities and violates citizens’ rights to a healthy environment. The Commission mandated an immediate halt to ecologically destructive practices, rehabilitation of affected communities, transparent adherence to National Green Tribunal (NGT) orders, and public consultations with experts and residents. The order follows the Concerned Citizens of Vadodara coalition—environmentalists, ecologists, and urban planners—submitting a detailed letter to authorities, amplifying calls for accountability. The group warned that current plans to “re-section” and “desilt” the river contradict the NGT’s 2021 Vishwamitri River Action Plan, which prioritizes floodpla...

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor* A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor* In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.

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).

Search This Blog