Who needs to access information under J&K RTI Act?

Unacceptable!

The debate on the legal definition of who can access information under J&K RTI Act, 2009 in J&K has some sub text as well. That sub text has serious political implications for the subjects of the J&K state. It is important that we remain sensitive to those aspects of the debate.

Firstly, the erosion of the special status of the J&K State within the Indian union (as enshrined in the Article 370 of the Indian Constitution), in the post-1953 era, and mainly in the post-1975 era, has sought to bring certain uniformity of the state laws with the Indian union. Such uniformity has resulted in J&K state's disempowerment with regard to key decision making regarding its natural resources, environment, political economy, international trade, etc. Furthermore, such 'tendency of uniformity' has eroded the disputed status of the state.

The cumulative effect of this process of disempowerment and eosion has been a serious loss of sovereignty to the J&K state. The reason today we are unable to even decide about the matters of our own resources and identity is that we have been disempowered by the same process. And today the desperate struggle of the political forces of the state, including that of the ruling National Conference, PDP, etc. in reversing all that is symbolic of that collosal injustice.

While in principle we must stand for qualitative establishment of democratic values and human rights in J&K, bringing in 'uniformity' of J&K state's governance laws with that of the union of India just for the sake of uniformity under the current unjust political system is unacceptable to we Kashmiris.

Secondly, on the issue of RTI, I think replacement of the term 'those residing in the state' by 'the State subjects of the J&K state' would be more apt. If we open up the issue of J&K's information access by non-state subjects (though in principle there is nothing wrong in that), it would result in further erosion of the state's residual political sovereignty. Such a process has to be two-sided. Almost all aspects of information related to the union of India's business in J&K (that of its road communications, defence, hydropower, land occupation, telecommunications, etc.) remain out of the reach of J&K's state subjects in the name of 'national interest', legally shielded by instruments like the Official Secrets Act.

Having said that, our sensitivity to this political aspect is highly desirable. We also need to enlarge the scope of our discourse on RTI in J&K (which we tend to see from the prism of normal centre-state issues in India) to Kashmiris' access to union of India's business in the state.

A further loss of J&K's political sovereignty is unacceptable to we Kashmiris.

In solidarity

Arjimand Hussain Talib

They call silence 'agitational terrorism'

Lab kushayee karo ge toa saza takht-e-daar

Apni har ik sada ki hai ‘dawa’ takht-e-daar

Khamshi takhreeb hai, taqreer bhi takhreeb

Qalam kushayee ki bhi hai saza takht-e-daar

Hai hum ne kaha dard ko ek cheekh bhi lazim

Usne isharey se phir kaha - takht-e-daar!

Hai haath azmayee ko yaan maktal hi jawab

Aur phir hai khamshi ko jaza takht-e-daar

Hai unn ko mukhtari pasand har kaam par apne

Humne jab bhi poocha ‘kyon?’ toa kaha takht-e-daar

Ahwaal kuch badle nehi, sadyaan guzar gayee

Kashmeeriyoon ki qaza ki ada takht-e-daar

Lazim hai ab qoam ko ik naya walwalah

Aur Talib phir likhen ge ‘fana takht-e-daar’