J&K RTI: Rights Without Remedy

BB Desk

The Right to Information (RTI) Act, meant to ensure transparency, is failing in Jammu and Kashmir (J&K) due to the absence of an Information Commissioner. Public Information Officers (PIOs) don’t merely hesitate—they deliberately avoid providing information, knowing no authority is present to pursue or penalize them. This lack of oversight has crippled citizens’ ability to access their rightful information.

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Since the repeal of the J&K RTI Act, 2009, post-Article 370 abrogation, the Central RTI Act, 2005, governs J&K. The earlier state law mandated appeals be resolved within 60-120 days, but the Central Act has no such timeline, leading to delays. RTI applications in J&K plummeted by 31.44% from 1,603 in 2021 to 1,099 in 2022, as citizens grew frustrated with unresponsive PIOs. For example, in 2023, a Srinagar resident’s RTI on road project funds was ignored for eight months, with no local mechanism to escalate the issue. Appeals now go to the Central Information Commission (CIC) in New Delhi, where backlog delays resolutions by over a year, compared to the J&K State Information Commission’s (JKSIC) faster process.

The online RTI portal, launched by the J&K government, is ineffective without an Information Commissioner to enforce compliance. PIOs, such as those in Baramulla’s Public Works Department, routinely sidestep requests, citing vague exemptions, with no fear of consequences. Training has also dwindled: only two RTI workshops for 42 officers occurred from 2015-2018, compared to 75 workshops for 2,500 officers from 2011-2013.

This systemic avoidance undermines democracy. The government must appoint an Information Commissioner, reinstate time-bound appeal processes, and mandate regular PIO training. Citizens and media must demand accountability to revive the RTI’s purpose. Without these reforms, J&K’s PIOs will continue to evade their duties, and the right to information will remain a hollow promise.