Delaying tactic? Panel set up to 'examine' how to implement RTI in UT of J&K

By A Representative
In a surprising move, the newly-created Union territory of Jammu & Kashmir (J&K), despite having lost its special status, and the Government of India (GoI) claim that its citizens have "equal rights" as those enjoyed by others in the country, has begun a parallel process of examining the Central Right to Information (RTI) Act's applicability to the UT.
Calling this a delay tactic to implement RTI Act in J&K, Venkatesh Nayak of the Commonwealth Human Rights Initiative (CHRI), New Delhi, has said that the transition process would have gone smoothly "but for the spanner in the works thrown by J&K General Administration Department (GAD)."
In an email alert, Nayak says, he made an RTI application to the Departmrnt of Personnel and Training (DoPT), GoI, which said, "I am unable to submit this RTI application directly to the concerned public authority in J&K because this RTI Online Facility has not been extended to the UT administration, and also because postal services continue to remain disrupted in the UT."
Nayak's plea follows the J&K RTI Movement, led by Dr Shaikh Ghulam Rasool, as also other private citizens, activists, mediapersons, lawyers and students, wanting to know the status of the RTI Act in J&K after the the state lost its special status and its bifurcation, which automatically led to the dissolution of the J&K RTI Act and the State Information Commission (SIC).
Asserting that since there is "no official statement" from the GoI or the UT administration on this, Nayak says, he submitted an RTI application to the DoPT on October 31, 2019, the day the state ceased to exist, wanting to know the total number of appeals and complaints pending before the erstwhile SIC and their fate.
He also sought photocopies of "all correspondence and file notings containing details of action taken to ensure that the appeals and complaints are transferred to a competent authority for disposal", as also of communication between the Central Information and the erstwhile SIC regarding this.
"Strangely", says Nayak, "Despite having initiated action on planning and coordinating the transition from the State's RTI Act (now repealed) to the Central RTI Act, the DoPT elected to transfer the RTI application to the Union Minstry of Home Affairs (MHA) and CIC)." As for MHA, it "transferred the RTI application to the UT of J&K."
Meanwhile, CIC sent "copies of official records and file notings which reveal details of the action taken by DoPT to ensure a smooth transition from the state's RTI regime to the Central RTI regime as applicable to the twin UTs (J&K and Ladakh), including notifying that all public authorities under the erstwhile State RTI Act as public authorities under the Central Act."
But, says Nayak, "The mandarins in JK-GAD have had other ideas. On November 28, JK-GAD constituted a five-member committee under the Chairmanship of its Administrative Secretary to examine this transition issue all over again."
A government order on this says the terms of reference (ToR) of the committee include examining whether the UT of J&K will come under the purview of CIC or a separate UT may be constituted for the state, and to spell out actions required to be taken to redesignate public information officers (PIOs), and whether the UT of J&K comes under CIC's purview.
According to Nayak, "A plain reading of Sections 12-17 of the Central RTI Act will reveal to any right-thinking person that UTs do not have the power to establish and constitute Information Commissions. Only the Centre and full-fledged states can set up such bodies."
He adds, "There was no need to set up a committee to examine this issue in J&K all over again. The J&K-GAD babus could have simply put up a note on this topic and approved what the DoPT had drafted as an action plan after consultation with the CIC."
Nayak notes, "J&K-GAD's action of setting up the five-member committee will only delay the smooth transition for no good reason. All that JK-GAD had to do was draw up a road-map with dates for making the smooth transition as per DoPT's recommendations. Instead bureaucratic red tape is likely to delay the transition process."
He adds, "Pending RTI applications and first appeals will remain that way before the public authorities while the JK-GAD committee deliberates on issues drawn up in its ToR. The files containing pending second appeals and complaints at the State Information will gather dust waiting to be transferred from J&K to the CIC in Delhi until the Committee make its recommendations and the UT administration acts on it."

Comments

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor* A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas* Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat* In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman* The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.

Search This Blog