Right to Information

State Level RTI: Jammu and Kashmir

Law

The Jammu and Kashmir Right to Information Act was passed by the state Legislature on 18 December 2003 and notified in the Government Gazette on 7 January 2004. The Jammu and Kashmir Right to Information Rules 2005 were notified on 30 June 2005.

Notably, due to the special constitutional position occupied by Jammu and Kashmir, the new national Right to Information Act 2005 is not applicable in Jammu and Kashmir. Civil society groups, most particularly the NGO SCOPE, are advocating for the Jammu and Kashmir Right to Information Act to be amended to copy the new RTI Act 2005. SCOPE (with assistance from CHRI) has produced a model civil society Jammu and Kashmir Right to Information Bill for consideration by the Government.

Newsupdates, Activities & Advocacy

• In a significant development the Governor of Jammu and Kashmir returned the Right to Information (Amendment Bill) Bill 2007 to the State Assembly. The Bill was introduced in August 31 in the Legislative Assembly to bring the existing Right to Information Act (RTI), 2004 at par with the Central RTI Act. The State Government pressed for the passage of the Bill immediately and both the Houses gave its approval to the amendments. Following which there was a flurry of representation from civil society organisations to the Governor requesting him to withhold his assent to the Bill. In several occasions the Central Chief Information Commissioner Wajahat Habibullah has echoed the need to bring the J&K RTI Act in conformity with the RTI Act, 2005. The State Governor Lt Gen S.K. Sinha (retd) by returning the Amendment Bill , has given opportunity to the Legislature to take the remedial step. (20/10/2007)
  

• The Government of Jammu and Kashmir tabled a set of amendments to the Jammu and Kashmir Right to Information (Amendment) Bill, 2007 on 31st August. The objective of the Bill is to bring the state RTI Act passed by the legislature way back in 2003 at par with the Right to Information Act (RTI Act), 2005 passed by the Union Parliament. The state government pressed for the passage of the Bill and the J&K Legislative Council gave its approval to the amendments. The Bill is soon to be presented to the Governor of Jammu and Kashmir for his assent. CHRI has submitted an analysis of the short comings of the J&K RTI Act and the Amendment Bill to the Governor requesting him to withhold his assent to the Bill. CHRI believes that the Amendments remain inadequate because they do not effectively secure the fundamental right to access information for citizens in Jammu and Kashmir. If the Amendment Bill becomes law, citizens will have inferior rights in matters relating to seeking and obtaining information from the Government as compared to that enjoyed by citizens in other parts of the country.An Urgent Action Appeal has been sent to media,the Information Commissioners and civil society partners. ((11/09/07)

• The State Government of Jammu & Kashmir has decided to table the Jammu & Kashmir Right to Information (Amendment) Bill, 2007 in the current session of the legislature. The Amendment Bill proposes among other things to set up a State Information Commission which will give decisions within a maximum of 60 days on the complaints and second appeals filed by citizens who have been denied access to information. CHRI has prepared an analysis and submission on the proposed amendments and submitted it to the State Government and legislators. An urgent action appeal is being circulated to urge the State Government to refer the amendments to a Joint Select Committee of both Houses of the State Legislatore for detailed discussions and for holding widespread public consultation.

• SCOPE (Society for Consumer Protection and Environment) has been advocating with the State and Central Government for the amendment of the Jammu and Kashmir Right to Information Act in light of the more progressive provisions of the RTI Act 2005. SCOPE has written letters to the Chief Minister of Jammu and Kashmir and Sonia Gandhi, NAC Chairperson, highlighting deficiencies of the current Act and the need for amendments.
  For more information: Contact Paul La Porte at SCOPE, 7 Panj Bakhtar Road, Jammu-Tawi, Jammu and Kashmir, Tel: 191 2548534, Email: paul.laporte@scopeforchange.org or scope@scopeforchange.org

Resources & Articles

Government

• Jammu and Kashmir Right to Information Act.
• Jammu and Kashmir Right to Information Rules 2005.
• Jammu and Kashmir Right to Information Application Form.
• Jammu and Kashmir Right to Information (Amendment) Bill, 2007.

CHRI

• CHRI (2007) Urgent Action Appeal re J&K Right ti Information (Amendment) Bill 2007.
• CHRI (2007) Submission re J&K Right to Information (Amendment) Bill 2007.
• CHRI (2007) Letter to the Governor re J&K Right to Information (Amendment) Bill 2007, 10 September.
• Charmaine Rodrigues (2004) Draft Jammu and Kashmir Right to Information Rules 2004.
  
• For CHRI's posters on RTI click here.

Miscellaneous

• SCOPE (2005) Model civil society Jammu and Kashmir Right to Information Bill.
• SCOPE (2005) Letter to J & K Chief Minister re Amending the Jammu and Kashmir Right to Information Act.
• SCOPE (2005) Letter to Sonia Gandhi re Amending the Jammu and Kashmir Right to Information Act.
• SCOPE (2005) Letter to J & K Chief Minister re deficiencies in the Jammu and Kashmir Right to Information Act.
  
• Dr. Kulwant Singh (2005) Right to Information, 18 July, Greater Kashmir Online Edition. The article argues for the recently enacted Central Right to Information Act 2005 to be adopted in Jammu and Kashmir.
  
• Staff Reporter (2003) Jammu and Kashmir Passes Right to Information Bill, 18 December, The Hindu.

Links

• Government of Jammu and Kashmir
• SCOPE (Local NGO working on RTI issues)
• Government of India (DOPT)
• National Campaign on People's Right to Information (NCPRI)
  
• Right to Information - Collection of RTI stories, articles, etc
• Info Change - Right to Information Pages
• India Together - Right to Information Pages