The J&K Legislative Assembly a few days back passed a resolution seeking the restoration of the special status amid ruckus created by the Bharatiya Janata Party (BJP) legislators who tore copies of the document, stormed the well of the House, and raised slogans against the speaker. As a campaigner for good governance who has been creating legal awareness on various progressive laws in J&K for the last many years, I would like to ask the Govt of India what steps they took to ensure that benefits of central laws reach to people of Jammu & Kashmir post August 5th 2019 decision?
More than 5 years have passed since J&K’s special constitutional status guaranteed under Article 370 was read down. As on date more than 900 central laws are applicable in J&K, but are the benefits of these laws reaching to the people of J&K? The ordinary residents of J&K continue to fight long and arduous legal battles to avail the rights they ought to have under the central laws of the government of India. Ironically the designated officers appointed for implementing these days are themselves not trained? This is creating chaos and confusion. The progressive central laws like Right to Information Act-RTI, Right to Education Act-RTE, Forest Rights Act-FRA, SC ST Prevention of Atrocities Act, Right to Fair Compensation Act (LARR Act), Consumer Protection Act, Whistleblowers Protection Act and many other laws are not enforced on the ground. This author has already written extensively on this in the last 4 years.
Role of Legal Services Authorities
The national Legal Services Day is observed on 9th November every year. The aim of observing this day is to ensure giving legal aid to the disadvantaged groups of our society. The Legal Services Day holds a historical importance in India. It was on this day when the Legal Services Authorities Act was enacted in 1987. From 1995 onwards this day was formally celebrated and since then every year November 9th is celebrated as Legal Services Day. The LSA provides protection and free legal services to socially and economically weaker communities. The day also aims to create legal awareness in the society so that people get benefits of the legislations that are enacted for public good. A National Legal Services Authority (NALSA) was set up along with state, district and tehsil legal service authorities across the country. Under the Legal Services Authorities Act, people from the weaker sections group, including minority groups, women and children, members of SC/ST are eligible for free legal aid in India through Tehsil, District and State Legal Services Authorities.
Legal Awareness and Education
Legal awareness and education plays an important role for empowerment of people. I know many people who were unaware of their rights but after getting to know the Right to Information Act-RTI, I see them as empowered citizens today. People were unaware how Govt funds were spent in villages and small towns but after 2005 people have the right to seek information about these funds as well. The disclosure of information under RTI not only brings transparency but empowers the citizens as well.
The J&K RTI Act 2009 which was enacted by Omar Abdullah Govt in 2009 was much better than the central act. But after August 5th 2019 decision, this law like many other erstwhile state laws of J&K was repealed. The RTI Act 2005 (central law) has been extended to J&K but we don’t have an independent Information Commission nor can people access information through a Digital Platform in J&K ? We tried a lot to persuade the Govt in the last 5 years but that hasn’t helped us at all.
No Rules for RTE Act ?
It is ironic that in 5 years J&K School Education Department hasn’t come up with the rules that would enable the Directorate of School Education Kashmir and Jammu to enforce the Right to Education Act – RTE Act. The section 12 (1) (c) of the RTE Act enables students from economically weaker sections (EWS) to take admission in Private Schools and their fees would be reimbursed by the Govt. In all the Private Schools except Minority Institutions there is a provision of 25 % reservation in admissions to children belonging to economically weaker sections (EWS) and disadvantaged groups. But hardly any children have been benefited by this law in the last 5 years?
Conclusion
This year’s theme for Legal Services Day is “Empowering Justice: Accessible Legal Aid for All” . It is the duty of Govt and Legal Services Authorities from Tehsil, District and State level to work jointly in creating awareness about the central laws that were extended to J&K post Article 370 abrogation. We need Master Trainers at Tehsil, District and State level who can carry on with legal awareness work. Lastly the free legal aid system available in District Courts, Sub Judge / CJM Courts or Munsif Courts should undergo performance audits as the poor litigants allege that they don’t get desired services. A committee constituted by Hon’ble High Court of J&K & Ladakh must hold this audit every year. The beneficiaries should be asked to fill up feedback forms when they are provided free legal aid service. This should also be made part of the performance audit for these authorities.
Dr Raja Muzaffar Bhat is an Acumen Fellow. He is Founder / Chairman J&K RTI Movement.
