Section 8 of RTI act blocks info on HR violations
Posted 07-09-2008 at 10:33 PM by bahl_ajay
As posted by ARIF HALEEM in the Greater Kashmir online edition
JAMMU, Sept 14: State is shortly going to have an information commission but with un-amended section 8, it would be inapt in revealing information with regard to Human Rights Violations, alleged custodial killings, disappearances and details of judicial and magisterial inquiries ordered so far.
This is in sharp contrast to the central act which has clearly defined clauses empowering the commission to give the information sought by a person with regard to the human rights violation. Section 24, Sub-Section 1 of the central act says that nothing contained in the act shall apply to intelligence and security organization established by the state government from time to time by notification in the Official Gazette, provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section.
The section further says that that the same information should be provided to the individual within a period of forty five days. This provision in the central act empowers a common man to seek information from the security and intelligence agencies on the issues related to violation of human rights. Interestingly, the act is applicable to all the states across the country and by simply submitting an application one can seek information which has otherwise remained impractical.
However, contrary to this, in Jammu and Kashmir where allegations of human rights violations are an everyday affair, where seeking information from security and intelligence agencies with regard to violations is unattainable, un-amended section 8 of the Jammu and Kashmir right to information act leaves the RTI crusaders high and dry. The un-amended section 8 signifies that the information which commoners would be more interested in knowing cannot be sought from the agencies concerned.
A non-governmental organization Commonwealth Human Rights Initiative (CHRI) has reportedly requested Governor S.K.Sinha not to give assent to the RTI Act bill submitted to him. Pointing towards the various deficiencies, CHRI has asked the Governor to return the bill back to the legislature so that the same is referred to a select committee for further deliberations.
They have even sought intervention of the intelligentsia for making the act more powerful and at least at some position with respect to the central act.
Central Information Commissioner (CIC) Wajahat Habibullah has called the act inadequate and implored. He has urged the state government to take effective steps towards removing the deficiencies in the act. He has also sought amendments to section 8 in order to make the act a living legislation in a state like Jammu and Kashmir.
A senior functionary of the law department said that the section should have been amended and brought at par with the central act. “The amendments are not appropriate and a little more effort would have done wonders, but this is expected in a state like Jammu and Kashmir where information which is supposedly defined as confidential when revealed shakes the very foundations of the administration,” added the official.
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JAMMU, Sept 14: State is shortly going to have an information commission but with un-amended section 8, it would be inapt in revealing information with regard to Human Rights Violations, alleged custodial killings, disappearances and details of judicial and magisterial inquiries ordered so far.
This is in sharp contrast to the central act which has clearly defined clauses empowering the commission to give the information sought by a person with regard to the human rights violation. Section 24, Sub-Section 1 of the central act says that nothing contained in the act shall apply to intelligence and security organization established by the state government from time to time by notification in the Official Gazette, provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section.
The section further says that that the same information should be provided to the individual within a period of forty five days. This provision in the central act empowers a common man to seek information from the security and intelligence agencies on the issues related to violation of human rights. Interestingly, the act is applicable to all the states across the country and by simply submitting an application one can seek information which has otherwise remained impractical.
However, contrary to this, in Jammu and Kashmir where allegations of human rights violations are an everyday affair, where seeking information from security and intelligence agencies with regard to violations is unattainable, un-amended section 8 of the Jammu and Kashmir right to information act leaves the RTI crusaders high and dry. The un-amended section 8 signifies that the information which commoners would be more interested in knowing cannot be sought from the agencies concerned.
A non-governmental organization Commonwealth Human Rights Initiative (CHRI) has reportedly requested Governor S.K.Sinha not to give assent to the RTI Act bill submitted to him. Pointing towards the various deficiencies, CHRI has asked the Governor to return the bill back to the legislature so that the same is referred to a select committee for further deliberations.
They have even sought intervention of the intelligentsia for making the act more powerful and at least at some position with respect to the central act.
Central Information Commissioner (CIC) Wajahat Habibullah has called the act inadequate and implored. He has urged the state government to take effective steps towards removing the deficiencies in the act. He has also sought amendments to section 8 in order to make the act a living legislation in a state like Jammu and Kashmir.
A senior functionary of the law department said that the section should have been amended and brought at par with the central act. “The amendments are not appropriate and a little more effort would have done wonders, but this is expected in a state like Jammu and Kashmir where information which is supposedly defined as confidential when revealed shakes the very foundations of the administration,” added the official.
Section 8 of RTI act blocks info on HR violations, Kashmir news Kashmir Discussion Forum, Kashmir Tour, Srinagar,Book hotel in Kashmir, Kashmir Bazaar, kashmir SMS, All about kashmir, Kashmir Gifts, Kashmir Websites, Great Kashmiris, kashmir travel f
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