Srinagar: In 2022, Mushtaq Ahmad Lone, wanted to know how much money the local government was spending on building roads, toilets and cafeterias—specifically in 2020 and 2021—in his home town of Yousmarg, a scenic hill station 53 km south of here.
Like many concerned citizens who take the trouble to use India’s 19-year-old right-to-information law to investigate government claims, Lone, a 36-year-old social activist from Budgam district in central Kashmir, who works with the NGO Action Aid Association India, wanted to find out how public money for development, sanitation, and waste management in Yousmarg were being used.
“I mainly wanted to know if the waste treatment plant in Yousmarg was operational and how much money was spent on it,” said Lone. “Waste was previously burned in dustbins, affecting the area's scenic beauty.”
Getting the information should not have been difficult, since it was Lone’s constitutional right under the Right to Information (RTI) Act, 2005.
Until 2019, the RTI act, like at least 890 central laws, did not apply to Jammu and Kashmir (J&K), which had many of its own state laws, preserved or instituted since Independence under Article 370, the Constitutional provision that granted limited autonomy to J&K.
When the government of Prime Minister Narendra Modi had Article 370 removed, every Indian law, theoretically, applied to J&K, such as the RTI.
Yet, while the RTI Act mandates that information should be provided within a month, the J&K government took two years to process Lone’s application. When the information did come through, it was out of date and irrelevant, he said.
Lone had no way of tracking his RTI application because J&K, like six states and four other union territories, does not have a website that allows this, despite a March 2023 Supreme Court order requiring all states to set up an RTI portal within three months.
In 2023, the J&K government celebrated 1,000 online services, and being ranked number one in the country for e-services, according to a National e-Services Delivery Assessment report from that year, but the RTI Act is absent from its digital portfolio.
“I initially filed an RTI application with the Yousmarg Development Authority and the Rural Development Department but received no response,” said Lone. “After a month, I filed an appeal with the Civil Secretariat in Srinagar but faced further delays, as the second appeal also yielded no results.’
Finally, two years later, the Central Information Commission (CIC) ordered that the local government provide the information Lone requested.
“But it was outdated and of no use,” he said.
Govt Stonewalls Information
With the 2005 RTI Act replacing the earlier J&K RTI Act, 2009, all Indian citizens are entitled to request information from public authorities in the region. However, the lack of a website means people are still forced to deal with physical paperwork and postal delays, which undermines the Act’s objectives of transparency and timely access to information, said experts.
The absence of a digital platform also forces citizens, including non-resident Indians (NRIs), to deal with a cumbersome and outdated application process, including paying fees through postal orders or government receipts, a contrast to government claims of building a “digital India”.
There are others like Lone, including Sirajuddin Salam, a businessman and activist from Baramulla, who alleged that the denial of a digital RTI is a cover for corruption.
"Offline RTIs allow officials to stall and restrict information, shielding corrupt practices. Online RTI, with their instant SMS or email notifications, ensure greater transparency and accountability,” said Salam. “In contrast, the offline process lacks these updates, giving officials a convenient excuse to delay responses and prevent corruption from being exposed.”
Salam told Article 14 of the time, in 2022, when he sought details about outsourced sanitation work at Baramulla’s Government Medical College. After 18 months of delays and evasion by officials, Salam approached the Anti-Corruption Bureau (ACB), which filed three FIRs, alleging corruption and other malfeasance.
In a similar case, in April 2022, Salam wanted to know how many driving licences were issued in Baramulla and if they were granted to those eligible.
“I filed the RTI after knowing that many people living outside the country and union territory received licences after paying Rs 1,500, and that dozens of licences were issued on Republic Day, January 26th,” said Salam
Salam filed an RTI request with the assistant regional transport officer (ARTO), Baramulla.
After being denied the information for six months, Salam approached the ACB, which discovered illegal practices in the process of issuing licences.
“The ACB’s six-month investigation revealed not only illegal issuance of driving licences and other documents but also that 300 licences were issued by ARTO Baramulla on January 26, Republic Day,” said Salam. “The ACB accordingly lodged three FIRs against the officials involved for misuse of their positions and disproportionate assets.”
Extra Expenses Discourage RTIs
RTI activists in J&K have also argued that the current process to file an RTI in J&K is not only cumbersome but costly.
Badrul Duja, an RTI activist and advocate at J&K and Ladakh High Court told Article 14 that in other states, an RTI application costs Rs 10, but the physical process in J&K can end up costing about Rs 100 when travel expenses are taken into account.
“It is astonishing to see that in the era of e-governance people in J&K have to file a physical RTI application that requires travelling long distances and incurs higher costs,” said Duja. “For a resident of a border village like Machil in north Kashmir’s Kupwara, filing an RTI application means travelling 47 km to Kupwara town to obtain a postal order.”
“Information seekers in hilly and rural areas face significant challenges in paying RTI application fees, as Indian postal orders (IPOs) are often unavailable,” said Duja. “Finding IPOs, especially those valued at Rs 10, is extremely difficult.”
Duja noted that in states like Tamil Nadu, Kerala and Maharashtra, with online RTI services, people from remote areas can submit applications and make payments directly from their cell phones.
Filing a physical RTI application requires purchasing an IPO, typing and printing the application, making photocopies, and then posting it or submitting it in person.
Salam claimed that the unavailability of postal orders in post offices hinders information seekers from filing RTIs.
According to Lone, the absence of an RTI portal in J&K also discourages people from filing RTIs.
“A private employee can't afford to take a day off to file an RTI, which incurs significant costs and involves navigating numerous bureaucratic hurdles for basic information,” said Lone. “Moreover, the physical process often subjects individuals to harassment, with officials questioning their motives.”
“An electronic RTI system would protect identities, reduce targeting risks, and encourage more people to use the RTI mechanism,” he said.
The RTI system in J&K is yet to move online despite a March 2022 directive from the J&K and Ladakh High Court to the J&K Chief Secretary, which mandated the creation of an RTI portal within 90 days following a Public Interest Litigation (PIL) filed by activists Mohammad Tuyyab Malik and Mohammad Khurram Qureshi.
In March 2023, the Supreme Court directed all States and Union Territories to establish and activate online RTI portals within three months to enhance transparency in governance.
Six of India’s 28 states, Andhra Pradesh, Jharkhand, Manipur, Nagaland, Sikkim and West Bengal, and four of eight territories, J&K, Andaman and Nicobar Islands, Daman and Diu and Dadra & Nagar Haveli, and Lakshadweep are still to put a digital RTI portal in place.
Raja Muzaffar Bhat, founder and chairman of the J&K Right to Information Movement, explained that the RTI Act, which will mark its 20th anniversary next year, always included a provision of seeking information electronically.
The Act states, “A person who desires to obtain any information under this Act shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed.”
Both Duja and Bhat alleged that bureaucrats and officials in J&K were hesitant to implement an online RTI system because they are reluctant to regularly update and share information with the public.
A senior official from the J&K Information Technology Department told Article 14 on 17 October, 2024 the RTI portal was ready to be opened to the public and would become active “within a few days”.
“Earlier there was a payment gateway issue, but we have signed a memorandum of understanding with the State Bank of India to allow people to submit their RTI fees online,” said the official, who requested anonymity since he was not authorised to speak to the media.
Digital India?
Bhat said that just as services had moved online nationwide, so, too, should citizens in J&K have digital access to information.
“How can the government promote Digital India… and its role in good governance when citizens are still forced to use outdated methods to obtain information under the RTI Act?” asked Bhat.
“The Government of India brags about improved governance in J&K after the abrogation of Article 370, but on the ground, people are still lacking access to a digital RTI platform,” said Bhat. “If online RTI services are available in all central government departments, why are similar services not available in J&K, especially when the region is directly under central administration?”
Bhat who along with other J&K based RTI activists have been campaigning for an online RTI platform in J&K pointed out that the theme of last year's International RTI Day, “The Importance of the Online Space for Access to Information”, highlighted the need for digital access.
On 16 December 2022, J&K chief secretary Arun Kumar Mehta directed officials to move all government services online by 15 January 2023. However, 20 months later, this transition is yet to take place for the RTI application process.
Lone pointed out that besides lacking an RTI portal, many of J&K’s government websites were outdated.
“Government websites feature outdated information, and official email addresses and contact numbers often go unanswered, suggesting that they are non-operational,” said Lone. “Even though the RTI option is shown on government websites, there is no functional portal to access it.”
Weaker Law Than Before
Kerala-based RTI campaigner K Govindan Nampoothiry, who filed an RTI query with the ministry of home affairs (MHA) about the lack of an RTI portal in J&K, told Article 14 that he received “misleading and false information”, prompting him to file a second appeal with the CIC.
“On April 23 this year, I submitted an RTI application to the MHA requesting details on the allocation and utilisation of the Disaster Response Fund from 2014 to 2024,” said Nampoothiry. “The MHA, without divulging any details, only confirmed that the RTI Act applies to J&K and did not provide any contact information or email addresses for the relevant appellate authorities.”
Bhat said the union government could have preserved the J&K RTI Act of 2009 under the J&K Reorganisation Act, just as it did with over 160 other local laws, including the Public Services Guarantee Act of 2011, the Public Safety Act of 1978, and the J&K Panchayati Raj Act of 1989.
Before J&K’s special status under Article 370 and statehood were revoked in August 2019, the region had its own state information commission. However, since it was reconstituted as a union territory, it no longer has a state commission, and its RTI matters are now handled by the CIC.
According to Syed Adil Rashid, an RTI activist from central Kashmir's Ganderbal district, the J&K RTI Act of 2009 had stronger provisions than the RTI Act of 2005.
“Under the J&K Act, the public information officer (PIO) has to give information as quickly as possible and would usually take 15 days if it’s from the same department and within 30 days if it needs to be collected from others,” said Rashid. “In comparison, while the 2005 Act allows 30 days for information, it lacks the same urgency.”
Activists have said that RTI cases often taking six months to a year, or even more, to resolve. This extended timeline is longer than that allowed by the RTI Act and contrasts with requests under the J&K RTI Act, 2009, which typically resolved appeals within 60 to 120 days.
“Previously, appeals were dealt with quickly, but now, due to the CIC's massive workload, cases often drag on, causing them to lose relevance and become ineffective,” said Bhat. “The absence of a provision for timely resolution in the RTI Act, 2005, makes the J&K RTI Act, 2009, appear far more efficient and progressive in comparison.”
"People can also appeal to a senior officer within 30 days under the 2009 Act if they do not receive a decision or are aggrieved by a PIO's response, compared to 90 days under the 2005 Act, said Rashid.
“Ladakh, separated from J&K after August 2019, has established its own RTI portal, whereas J&K remains without one,” said Nampoothiry. “This seems like a deliberate attempt to restrict RTIs in J&K and withhold administrative information from the public and media.
“It reflects poorly on the union government's commitment to the RTI Act,” he said. “I am dismayed by the silence of major political parties on this crucial issue in J&K.”
(Irfan Amin Malik is an independent journalist based in Jammu and Kashmir.)
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