Skip to main content

Proactive disclosure of information under the J&K RTI Act remains poor

By Venkatesh Nayak*
The J&K Right to Information Act (J&K RTI Act) entered its 9th year of implementation on March 20, 2017. A Rapid Study of the official websites of 230 public authorities under the J&K Government conducted by J&K RTI Movement and CHRI reveals that compliance with the requirement of proactive disclosure of information under Section 4(1)(b) of the J&K RTI Act remains poor. Key findings from this Rapid Study are given below. J&K RTI Movement and CHRI are discussing these findings in order to identify practical recommendations for improving compliance with Section 4(1)(b) of the J&K RTI Act, today (20 March, 2017) at the Institute of Management, Public Administration and Rural Development (IMPA), Srinagar.

What is proactive information disclosure under Section 4 of the J&K RTI Act?

Section 4(1)(b) of the J&K RTI Act makes it compulsory for all public authorities to place a wealth of information in the public domain. This includes detailed information about their organization and functions, powers and duties of their officials, rules, regulations, norms and manuals that must guide their work, details of decision-making processes, budgets and expenditure, subsidiary programmes implemented, authorisations and permits issued and a list of all records held in paper or electronic form.
Additionally, every public authority is required to publicise relevant facts about all important policy matters or decisions it takes, from time to time. Every person who is affected by any decision of a public authority has the right to be informed of the reasons behind such decisions. Section 4(2) of the J&K RTI Act explains that the purpose of proactively disclosing all this information is to reduce people’s need to seek information by filing formal RTI applications. A deeper examination of the scheme of the J&K RTI Act indicates that proactive disclosure of information is prioritized over reactive disclosure i.e., supplying information against formal RTI applications.

Key findings from the Rapid Study conducted by J&KRTI Movement and CHRI

Key findings from a rapid study of the official websites of the two Divisional Commissioners, the administration of 22 districts and 206 departments, autonomous bodies and other public authorities are as follows:
  • The DivComs and all districts have official websites. 59% of the districts have not uploaded Section 4(1)(b) information to a reasonable degree of compliance on their official websites. They are either incomplete or not published at all.
  • 3/4ths of the district websites do not display any information about their annual budgets. Only the district administration of Bandipora and Budgam have displayed the latest budget-related information for 2016-17.
  • The Kargil district website is the best of all district websites included in this Rapid Study. Detailed information about the working of the Deputy Commissioner’s office and other departments in the district has been published in compliance with the J&K RTI Act. Udhampur seems to be the only district administration to display the physical verification reports of the developmental projects undertaken under various developmental programmes up to 2016.
  • Some districts have nevertheless taken innovative steps to display other categories of information proactively. Doda district website displays property statements of the officials of the DC’s office, and the Tahsildars and the total number of various types of ration cards issued by the administration, Tahsil-wise. Websites of Samba, Rajouri and Pulwama display the number of complaints received under the J&K Public Services Grievances Act, 2011. However this information is also not regularly updated.
  • More than 15% of the remaining 209 public authorities (other than DivComs and District Administration) in J&K covered by the study do not have websites. As many as 4 out of every 10 of the 177 public authorities with official websites do not display any information required to be proactively disclosed under Section 4(1)(b) of the J&K RTI Act. Compliance is only 57.62%.
  • 2% (32) of the public authorities have not displayed any details regarding the PIOs and FAAs designated by them for dealing with RTI applications and first appeals.
  • More than 3/4ths (138) of the public authorities with websites have not displayed budget-related information. Only two public authorities have displayed budget related information for the latest year i.e., 2017-18 (namely, Finance Dept. and the Directorate of Audit and Inspections). Six of the remaining public authorities have displayed budget related information for the year 2016-17 (namely, the Directorates of Horticulture and Animal Husbandry, the J&K Legislative Assembly, the J&K Legislative Council, IMPA and Sher-e-Kashmir University of Agricultural Sciences and Technology).
  • Under the section relating to budget and expenditure, the website of the Chief Minister’s Secretariatstates as follows: “Chief Minister’s Secretariat does not have budget allocation for any programme nor it has any agency under its direct control.”
  • However, the budget document uploaded on the website of the Finance Department displays the following sums of money allocated to the Council of Ministers and the CM’s Secretariat in 2017-18: (1) Council of Ministers (Voted): Rs. 752.80 lakhs; (2) CM’s Secretariat- GAD: Salary, travel expenses, Medical reimbursement grant- Rs. 54.80 lakhs; and (3) CM’ Secretariat- GAD: Secret Services expenses: Rs. 1,500 lakhs.The budget-related section of the RTI Handbook (Manual) of the Governor’s office (Raj Bhawan) has not been updated after 2014-15.
The website of the J&K General Administration Department– the nodal department for implementing the J&K RTI Act, has not been updated for budget-related information after 2016.
This Rapid Study is an outcome of the Internship Programme that CHRI hosted at its New Delhi office for Adv. (Ms.) Syed Iram Quadri and Adv. Bilal Ahmed Bhat, members, J&K RTI Movement (J&K RTI Movement) and the School for Rural Development and Environment (SRDE), from 01-28 February, 2017. CHRI and J&K RTI Movement have compiled this preliminary report.
—
*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

Post a Comment

TRENDING

When democracy becomes a performance: The Tibetan exile experience

By Tseten Lhundup*  I was born in Bylakuppe, one of the largest Tibetan settlements in southern India. From childhood, I grew up in simple barracks, along muddy roads, and in fields with limited resources. Over the years, I have watched our democratic system slowly erode. Observing the recent budget session of the 17th Tibetan Parliament-in-Exile, these “democratic procedures” appear grand and orderly on the surface, yet in reality they amount to little more than empty formalities. The parliamentarians seem largely disconnected from the everyday struggles faced by ordinary exiled Tibetans like us.
Post a Comment
»

Study links sanctions to 500,000 deaths annually leading to rise in global backlash

By Bharat Dogra  International opinion is increasingly turning against the expanding burden of sanctions imposed on a growing number of countries. These measures are contributing to humanitarian crises, intensifying domestic discord, and heightening international tensions, thereby increasing the risks of conflicts and wars. 
Post a Comment
»

Dhurandhar: The Revenge — Blurring the line between fiction and political narrative

By Mohd. Ziyaullah Khan*  "Dhurandhar: The Revenge" does not wait to be remembered; it arrives almost on the heels of its predecessor, released on March 19, 2026, just months after the first film’s December 2025 debut. The speed of its arrival feels less like creative urgency and more like calculated timing—cinema responding not to storytelling rhythm but to the emotional climate of its audience. Director Aditya Dhar, along with actor Yami Gautam, appears acutely aware of this moment and how to harness it.
Post a Comment
»

Beyond the island: Top mythologist reorients the geography of the Ramayana

By Jag Jivan   In a compelling new analysis that challenges conventional geographical assumptions about the ancient epic, writer and mythologist Devdutt Pattanaik has traced the roots of the Ramayana to the forests and river systems of Central and Eastern India, rather than the peninsular south or the modern island nation of Sri Lanka.
Post a Comment
»

BJP accounts for 99% of political donations in Gujarat: Corporate giants dominate

By Jag Jivan   An analysis of the official data on donations received by national parties from Gujarat during the Financial Year 2024-25 reveals a staggering concentration of funding, with the Bharatiya Janata Party (BJP) accounting for nearly the entirety of the contributions. The data, compiled in a document titled "National Parties donations received from Gujarat during FY-2024-25," lists thousands of transactions, painting a detailed picture of the financial backing for political parties from one of India’s most industrially significant states.
1 comment
»

Alarming decline in India's repair culture threatens circular economy goals: Study

By Jag Jivan  A comprehensive new study by environmental research and advocacy organisation Toxics Link has painted a worrying picture of India's fading repair culture, warning that the trend towards replacement over repair is accelerating the country's already critical e-waste crisis.
1 comment
»

Captains extraordinaire: Ranking cricket’s most influential skippers

By Harsh Thakor*  Ranking the greatest cricket captains is a subjective exercise, often sparking passionate debate among fans. The following list is not merely a tally of wins and losses; it is an assessment of leadership’s deeper impact. My criteria fuse a captain’s playing record with their tactical skill, placing the highest consideration on their ability to reshape a team’s fortunes and inspire those around them. A captain who inherited a dominant empire is judged differently from one who resurrected a nation’s cricket from the doldrums. With that in mind, here is my perspective on the finest leaders the game has ever seen.
Post a Comment
»

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.
59 comments
»

‘No merit’ in Chakraborty’s claims: Personal ethics talk sans details raises questions

By Jag Jivan  A recent opinion piece published in The Quint by Subhash Chandra Garg has raised questions over the circumstances surrounding the resignation of Atanu Chakraborty from HDFC Bank , with Garg stating that the exit “raises doubts about his own ‘ethics’.” Garg, currently Chief Policy Advisor at Subhanjali and former Secretary of the Department of Economic Affairs, Government of India, writes that the Reserve Bank of India ( RBI ) appears to find no substance in Chakraborty’s claims, noting, “It is clear the RBI sees no merit in Atanu Chakraborty’s wild and vague assertions.”
Post a Comment
»