Struggling for Information Rights in J&K: The Journey of an RTI Activist
Abrar Mattoo
GANDERBAL, May 12: Syed Adil Rashid of Ganderbal has been using the Right to Information (RTI) application as a tool to advocate for the digitalization of the RTI process in Jammu and Kashmir.
By seeking information from the Government of India through the Ministry of Electronics and Information Technology (MeITY), Adil is actively working towards ensuring that RTI goes digital in the region.
Adil got the idea to pursue the advocacy for online RTi in 2022, when Chief Secretary, Dr. Arun Kumar Mehta had announced all services will go Online from 15th January 2023 in each of the departments which begin to set from today(15th January 2023).
Adil says that, “almost all services have shifted to Online mode now but unfortunately there are no Online Services to submit RTI Applications in Jammu and Kashmir yet which is totally sad and unfair to all people who want accountability and transparency with Integrity of Jammu and Kashmir.”
However, in a reply to Syed Adil’s RTI application, the central has promised that RTI will go online in Jammu and Kashmir.
Prior to 2019, the RTI Act, 2005 was not applicable to Jammu and Kashmir, and instead, the J&K RTI Act, 2009 was in place. However, with the repeal of Article 370 and the reorganization of Jammu and Kashmir into a Union Territory, the RTI Act, 2005 became applicable to the region. This change allowed non-residents of Jammu and Kashmir to seek information from public offices in the region, making all citizens of India empowered to access information from the public authorities of Jammu and Kashmir.
Unfortunately, the current process for filing RTI applications in Jammu and Kashmir still requires physical applications to be submitted to the concerned department or office. Additionally, applicants need to obtain a payment receipt of Rs. 10, either through an Indian postal order or from the government treasury. However, it seems that obtaining the payment receipt from post offices has become challenging due to its limited availability.
Syed Adil’s efforts to seek information and advocate for digitalization are important in promoting transparency and access to information. By utilizing the RTI application process, Adil is highlighting the need for a more convenient and efficient digital platform for submitting RTI applications and ensuring access to information for all citizens.
“It is almost impossible, if not extremely difficult, for Non-Resident Indians (NRIs) who are desirous of obtaining information from any Department of the UT Government to make such requests, owing to the tedious physical application process. The whole essence of RTI law and the rules framed thereunder is to promote transparency and accountability in a time-bound manner, which can only be achieved by a timely response to citizens’ requests for information. However, the postal & transit delays and other complications hinder the system’s smooth functioning,” Syed Adil said, while talking to Kashmir Despatch.
Postal and transit delays can impact various intermediate communications between the applicant and the PIOs during the RTI process. These communications may include:
Providing notice to a third party: If the requested information involves the interests of a third party, the PIO may need to notify them. Postal delays can prolong the delivery of such notices.
Transfer of the application to another PIO: In certain cases, the application may be transferred to another PIO due to the nature of the requested information or jurisdictional reasons. Communication regarding this transfer may also experience delays caused by postal issues.
Intimation to the applicant: Any communication from the PIO to the applicant regarding the status, progress, or updates related to the RTI application can also be affected by postal delays.
These are just a few examples of how postal and transit delays can impact the communication process within the RTI framework. The implementation of digital solutions can help mitigate these delays and improve the overall efficiency of the RTI process.
Additionally, the applicants have to incur extra costs/fees for printing, stationery, transit to and from the post offices, etc. And apart from the regular monetary and time constraints, applicants from far-flung areas face many difficulties due to the non-availability of post offices in nearby areas. Notably, the Indian
Postal Order (IPO) which is the most commonly used method of payment of application fees for RTI applications is not readily available at post offices except the General Post Office which is also less
available.
“These, including the other challenges, cause undue inconvenience to the applicants esspically people of jammu and kashmir, thereby deterring them from seeking information. In comparison, all this can be done through an Online RTI portal at minimal costs, also which is keeping the digital record for transparency proposes and easy to access just a one click away. The Online RTI system would encourage the applicants to seek information and the implementation of it would be in line with the spirit of the transparency laws in general, the RTI Act in particular,” Syed Adil adds further.
