The Right to Information Act stands as a pillar of our democracy, empowering citizens to seek information from public authorities and fostering transparency in governance. Yet, a disconcerting reality has emerged in the Union Territory of Jammu and Kashmir, where nearly half of all public authorities have failed to comply with a crucial aspect of the RTI Act: the submission of quarterly returns. This brazen disregard for legal obligations and citizen rights raises serious concerns about accountability and the commitment to open governance in the region. Section 25 of the RTI Act mandates that public authorities submit four quarterly returns annually, providing vital information on RTI requests, appeal decisions, disciplinary actions, and recommendations for reform. These returns form the bedrock of the Central Information Commission’s (CIC) assessment of performance and serve as a tool to identify areas for improvement and ensure compliance. However, with 20 out of 43 authorities in J&K falling into the category of defaulters, the very purpose of this monitoring mechanism is compromised.
The CIC’s concern about this non-compliance is well-founded. The absence of comprehensive data hampers the Commission’s ability to analyse trends, identify systemic issues, and provide targeted guidance to public authorities. This, in turn, weakens the overall implementation of the RTI Act and undermines the citizen’s fundamental right to information. Moreover, the blatant disregard for the directives issued by the General Administration Department last year adds another layer of disquiet. The explicit warning about personal responsibility for lapses seems to have no effect, suggesting a deeper malaise within the administrative apparatus. This negligence not only erodes public trust but also raises questions about the effectiveness of internal accountability mechanisms. These defaults indicate a systemic issue that goes beyond individual lapses. The public authorities are essential pillars of governance, and their failure to adhere to RTI norms erodes public trust and weakens the democratic fabric.
The reasons behind this widespread non-compliance at J&K need to be thoroughly investigated. Is there a lack of awareness about the importance of RTI and its reporting requirements? Or are there systemic challenges within the bureaucracy that hinder timely and accurate data collection and submission? Regardless of the cause, inaction cannot be accepted. The J&K administration must take immediate and decisive steps to address this alarming situation. Stringent measures, including disciplinary action against defaulters, are necessary to deter future disregard for the RTI Act. The role of the Central Public Information Officers (CPIOs) cannot be overstated. They must be held accountable for lapses, as explicitly mentioned in the GAD circular. Strengthening training programmes for CPIOs, enhancing awareness about the importance of RTI compliance, and instituting strict penalties for non-compliance will contribute to building a culture of accountability. Capacity-building exercises and robust monitoring mechanisms can ensure accurate and timely reporting. Additionally, raising awareness amongst public authorities and citizens alike about the significance of transparency and information sharing is crucial for fostering a culture of accountability.
The report of CIC serves as a stark reminder of the challenges facing the RTI Act. The CIC has repeatedly highlighted the issue of underreporting and non-compliance but no visible change in approach of officials is there. A comprehensive audit of return submissions and strict enforcement of consequences for defaulters are essential to upholding the spirit of the RTI Act and safeguarding the democratic right to information. The widespread non-compliance with the RTI Act in J&K casts a long shadow over the commitment to transparency and accountability in the region. Addressing this issue demands swift and decisive action, not just to remedy the current situation but also to strengthen the RTI framework nationwide. Only by ensuring the smooth and comprehensive implementation of this vital legislation can we empower citizens, combat corruption, and truly realise the promise of an open and informed democracy.
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