‘State, GoI bound to give information about HR violations’
State RTI Act needs amendments: Lawyers Ozair Nissar Srinagar, Nov 11: Stressing that amendments be made in Jammu Kashmir Right to Information Act (
RTI) for making it more applicable in Kashmir, lawyers and social activists Sunday said there was need to sensitise people for exercising this right, which provides them access to information.
Speaking at a one-day training workshop on Right to Information Act (
RTI), the participants which included lawyers, journalists and social activists highlighted the need to make amendments in an “otherwise weak” JK
RTI Act.
Noted social activist and human rights lawyer A R Hanjura said, “Although Jammu Kashmir has its own
RTI Act it suffers from discrepancies. There is a need to make some amendments in order to strengthen it.”
He said that keeping the requirement of this act in Jammu Kashmir in view, the parameters of the act should be broadened. “The intelligentsia has a responsibility to sensitise public and make them aware about the law, which could help them have access to information about public works and other developments,” he added.
Former HOD Law Department, University of Kashmir, Afzal Qadri said that the act needs to be implemented in letter and spirit and that it cannot have same applicability as in different Indian states. “The case of Kashmir is peculiar,” he said.
Reacting to a particular issue of Maharashtra to which the speakers were referring Qadri said, “The legislation might have helped people in Maharashtra to get the desired information form the agencies. It may be doing well in different Indian states. However, we need to understand that the Kashmir case is entirely different.”
Qadri said that nobody here knows what happens to the recommendations of State Human Rights Commission (SHRC).
“The State
RTI Act needs amendments and should be framed in such a way that it should benefit a common man as Kashmir situation demands a strong legislation which is more empowered and gives access to information.”
Earlier, advocate Divya Jyoti, a member of ‘Parivartan’ made a presentation on
RTI act and informed the participants about the possible provisions and articles, which could be used to get information from any public office. He highlighted the 10 principles of the right to access of information.
“Every public authority is obliged to disclose the information related to the works and other policies. There is a public information officer in Government of India departments who acts as a link and provides the information,” he said.
“However if some department does not have a public information officer which happens in case of the State departments, then the in charge officer of the department is bound to provide the information,” Jyoti added.
He said that there were some exceptions when the concerned agency is not bound to provide the information but in case of human rights violations, the disclosure becomes mandatory.
“Although there are some exceptions but under section 24 it becomes mandatory on part of the agency to disclose the information if it is a case of human rights violation,” she informed.
The workshop was organised by Kashmir unit of Human Rights Law Network (HRLN) and ‘Parivartan’.
etalaat.net - ‘State, GoI bound to give information about HR violations’