Stronger RTI act 2009 striking consciousness of public servants

The Jammu and Kashmir Right to Information Act came into the force on 20 March 2009, it was the historic act passed in the state of Jammu and Kashmir as it was a powerful weapon handed by the government in the hands of Jammu and Kashmir people irrespective of caste, colour, sex, region, religion etc. for empowering them to demand and get information about public policies and actions for strengthening participatory democracy, ushering people centred governance and their welfare. When the act came into force in 2009, the people the Jammu and Kashmir were very unaware of it and how to use RTI Act 2009 as a tool was beyond the reach of common people but the very founder of Jammu and Kashmir RTI Movement namely Dr. Raja Muzaffar Bhat sahab conducted campaigns, seminars, debates, discussions, even published series of comprehensive articles on it and used all forms of social media platforms in order to bring the complete RTI Act 2009 information to the common people all across the Jammu and Kashmir. It yielded positive results in all respects as people got much aware of the use of RTI 2009 and started filing genuine RTI appeals to get their required information, membership of RTI Movement increased due to RTI activists motivated and encouraged by Dr. Raja Muzaffar Bhat sahab. It is pertinent to mention here that until Abrogation of article 370, people have been widely using RTI Act 2009 as a powerful weapon to get genuine public information and public servants hardly denied information to information seekers due to its strict time limit and Fine clause provisions. There was a time bound disposal of appeals and pendency of appeals hardly existed in Jammu and Kashmir and almost all stakeholders were happy with the smooth implementation and functioning of RTI Act 2009. But soon after the Abrogation of article 370 in 2019, most central laws have been applied in the state of Jammu and Kashmir and majority laws of the state were also gone out and replaced by central laws and one among which was the historic act namely Jammu and Kashmir RTI Act 2009. It was replaced by Centre’s RTI Act 2005 and was accordingly extended to Jammu and Kashmir with effect from October 31, 2019. It was not good for the people of Jammu and Kashmir as Jammu and Kashmir RTI Act 2009 was much stronger than the Centre’s RTI Act 2005. Implementing of RTI Act 2005 dismayed and disempowered all the people of Jammu and Kashmir in general and RTI Activists in particular. RTI Activists have been very much concerned about the central Right to Information Act 2005 due its many weaknesses, flaws and non-availability of Commission in Jammu and Kashmir.
Going away of RTI Act 2009 from the state of Jammu and Kashmir has again given new wings to the corrupt public officials and now they are enjoying their power at their own whims with no care for the public. Corrupt public officials do not want to give right information to the citizens about public policies and they are happy with the implementation of RTI Act 2005. There are some tall claiming public servants nowadays saying to innocent information seekers,” what does RTI mean, we don’t care about it and go anywhere you like to go”. The said statements by public servants with no fear of laws is due to adoption and implementation of weak Central RTI Act 2005. Had there been RTI Act 2009, they would have not made such negative statements that are heart wrenching to the citizens and against civil service rules and code of ethics. Whosoever public denies information to citizens should be listed among corrupt officials and later punished and fined severely as per laws of the land. There are public servants also who have taken their departments to new heights and they have become examples for others to follow. It is worth mentioning here that recently I made a simple request through a message to the worthy Director Horticulture Jammu and Kashmir Mr. Aijaz Ahmad regarding HD plantation who instantly took keen interest in it and came up with the positive results for the welfare of all farmers. This is called integrity, work culture, transparency and accountability. Public servants have to keep all records available on websites and ensure quick dissemination of information to citizens as per both RTI acts. They should provide not only true information to citizens but to avoid vague and irreverent replies to the citizens. Public servants are meant for ensuring public services to the people at an ease as per civil service rules and public service Guarantee Act 2011. There should be no disruption or delay in public services to all the people. All Public servants are receiving a huge salary from the government paid by all people, the rich and the poor in the form of taxes. Denying any information and public service to any citizen by the public official speaks volumes and raises many questions about public servants. The RTI activists, social activists and people are very much worried about delay and even refusal of proactive disclosure of information by the public servants to citizens. Most departments and their heads are brazenly flouting the obligatory norm of proactive disclosure of information as per RTI Act 2005. There are many reasons responsible for refusal or delay of information by public servants to the citizens. First and foremost is the nexus among corrupt public officials for money lust or favor due to which they refuse to give information or give irreverent replies. Secondly, lack of fear of constitution and laws of the land and keeping themselves above the laws, thirdly. Under RTI Act 2009, the poor people of Jammu and Kashmir had easy access to state information commission and pendency of cases had been very less and the state information commission disposed of the appeals within a short period of time (60-120 days) as per its provisions. However, due to loss of said state information commission in the state post Abrogation of 370, now people have to move to the central information commission located at New Delhi that is beyond the reach of common people and appeals once filed is to be disposed within 6 to 7 months by the central information commission that could be the another reason for public servants to refuse or deny information. Fourth, unawareness and lack of training and code of ethics among public servants. How RTI act 2005 really became a powerful weapon in the hands of citizens for good governance of state and welfare of all people. Certain measures are needed on war footing basis from the government side like strict directions to the public servants for strict implementation of RTI Act 2009, establishment of state information commission at Srinagar, inclusion of certain essential provisions in RTI Act 2005 like disposal of appeals within 60-120 days as in RTI act 2009, fine and punishments in case of information denial or refusal by public servants. Jammu and Kashmir citizens do not want to go against the constitution and development. They also want a peaceful and prosperous state in all respects of development through good governance. The government must make sure that RTI act 2005 is not a temporary act as some public servants consider. They should ensure full implementation of RTI Act 2005 with positive modifications as in RTI Act 2009 for the empowerment of all people and effective good governance.
( The author is a Teacher at Govt Boys Higher Secondary School Beerwah Budgam. Views are his own)
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