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J&K RTI Act amended, State to have Information Commission soon

SRINAGAR: Jammu and Kashmir will soon have an Information Commission for which decks were cleared after both the houses of State Legislature approved the amendments in Jammu and Kashmir Right to Information Act, 2004. Some new features have been added to the Act to bring it at par with the Central Act.

The amendments, tabled in the Assembly by Chief Minister Ghulam Nabi Azad, were approved by the house after a thorough debate.

It was passed by Legislative Council on Saturday amid demands from some members to further improve it.

Devendar Rana, Nizamuddin Bhat and M.R. Qureshi suggested some measures in this direction.

However, Minister for Consumer Affairs Taj Mohiuddin, who spoke on behalf of the Chief Minister, assured them that all efforts had been taken to make it effective.

“It is a step towards greater transparency and will ensure accountability in the state. It is a revolutionary law and important provisions have been included in the amended Act,” he said.

He added that the State Government had not copied the Central Act though it has been brought at par with that.

“We have kept in consideration our own requirements and sensitivities.”

Principal Secretary of General Administration Department, Khurshid A. Ganai told The Hindu that new provisions have made it a progressive law.

He said that under the amended law, the State would soon have an Information Commission headed by Chief Information Commissioner with two other members, who would be at par with the members of Jammu and Kashmir Public Service Commission. The Chief Commissioner would be of the rank of Chief Secretary.

“The appointments will be made as soon as Act comes in force” he said.

Another important feature of the new Act is that the Commission would be the second appellate authority as well as the sounding board for the complainants.

Penalty against erring official was also reviewed.

In addition to disciplinary action against him or her, a minimum fine of Rs. 50 per day up to a maximum of Rs. 5000 would be slapped on him.

The complainants would have access to office noting as well. “But only after a decision is made public with regard to that noting” said Mr. Ganai. He said that State government would launch a comprehensive awareness campaign about the Act. Rs. 1 lakh has been earmarked for the purpose.

However, in accordance to the Central Act, security related issues as also judiciary have been exempted from the jurisdiction of the Commission.

It would also not be applicable to the Central government offices in the State as they were already covered under the Central Act.

The Commonwealth Human Rights Initiative (CHRI) had urged the government to send the bill to joint select committee as it believed that amended provisions were weak.

A communication sent by CHRI to all political leaders before tabling the law said, “we strongly urge you to use your influence to defer passage of the Jammu and Kashmir Right to Information (Amendment) Bill, 2007 through the J&K Legislature.

“The proposal to amend the J&K RTI Act is indeed commendable and long overdue.

“However the proposed amendments fall short of the standards of guarantee and protection to the citizens’ right to information contained in the Right to Information Act, 2005 operational in other parts of the country. There has been no visible public consultation on the proposed amendments.”

It further said “we urge you to take immediate action to ensure that the Amendment Bill is referred for detailed deliberation to a Joint Select Committee, consisting of members of the Legislative Assembly and the Legislative Council.

“This Committee must invite the views of citizens and civil society representatives on how best to strengthen the J&K RTI Act, beyond the proposed amendments, in light of the two-year experience of implementing the Central RTI Act. These views should form the basis of any amendment to the J&K RTI Act.”

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