Farmers in the Kashmir Valley outside Anantnag.

January 04, 2009 

The Central Right to Information Act, 2005, applies to all the States and Union Territories of India, except Jammu & Kashmir [J&K].  Instead, Jammu & Kashmir is covered under the separate J&K RTI Act, 2004, which in turn was based upon earlier, weaker, state-level RTI acts.

The weaknesses and loopholes in the J&K RTI Act 2004 has prompted civil society to campaign for amendments or a replacement of the said Act. In 2008, the J&K RTI Amendment Act, 2008 was gazetted. The amendment calls for penalties for officers who violate the act, and a state information commission to hear appeals and oversee the implementation of RTI.  However, to date, the corresponding Rules for implementing the Amendment Act have not been issued and therefore it is not in force.

J&K citizens who seek information from Central Government agencies with offices in the state (ex. Passport Office, Jammu/Srinagar) may continue to seek information from those offices under the Central RTI Act, 2005.