J-K’s new RTI Act insipid: Habibullah

Critics say it’s similar to Freedom of Information Act 2002, which is limiting

This Saturday, the Jammu & Kashmir Government cleared the passage of the amended J&K Right To Information Act 2005 to bring it in line with the central RTI Act.

Chief Information Commissioner Wajahat Habibullah, however, says “the new act with the amendments is deficient and insipid. The amended Act has no penalty clause, in case officers don’t supply information and the time limit is 30 days, ‘only if practicable’. The phrase ‘practicable’ lends itself to tremendous misuse by authorities”.

Critics of the new amended law, like the Commonwealth Human Rights Initiative, that have helped the Central Information Commission study its implications say it is a lot like the Freedom of Information Act 2002 which was very limiting.

The Act was later repealed to enact RTI 2005.

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Habibullah, who is also seen as a key adviser to the Government on matters related to J-K, was in favour of a strong legislation that gives the citizens a sense of being involved in governance and infuses transparency into the system.

He was in the Valley last month to persuade the officers concerned with drafting the amendments in such a way that the new act is brought in line with provisions of the Central law. But Habibullah says it hasn’t been brought to that level.

“While under the Central act, certain security agencies are outside the purview of the Act unless matters of human rights violations and corruption are involved, there is no such provision in the state despite all central security agencies there like the IB having already appointed PIOs for the purpose. It is ironic. And some agencies like the Attorney General’s office, DD and AIR don’t have the infrastructure to handle queries,” says Habibullah.

Sources say the State Government was in a hurry to pass the law so little attention was paid to details. No public consultation was undertaken before the exercise.

What constricts right to information

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• The new law has no penalty clause, which means that the J-K Information Commission is rendered toothless. It does not have the power to punish officers who do not supply information

• No compensation will be provided to citizens who suffer due to denial of access to information, unlike the Central law

• J-K High Court does not come under its purview

• The new law does not clarify that the reasons for seeking information “need not be cited” by applicants. This lack of clarity could be used by officers to deny information to applicants