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RIGHT TO INFORMATION AND MEDIA IN KASHMIR A study based on the content pertaining to RTI in respect of four newspapers namely Greater Kashmir, Rising Kashmir, Kashmir Times and Kashmir Images in the three months of July, Aug and Sept. HUMERA ASHIQ 120409

Transcript of Research Redefined Again

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RIGHT TO INFORMATION AND MEDIA IN KASHMIR

A study based on the content pertaining to RTI in respect of four newspapers namely Greater Kashmir, Rising Kashmir, Kashmir Times and Kashmir Images in the three months of July, Aug and Sept.

HUMERA ASHIQ

120409

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Certificate

This is to certify that

-------------------------------------------------------------------

Roll No. ------------------------------- bonafide student of the Department

of Convergent Journalism, Central University of Kashmir has worked

under my supervision on the research of Master level Dissertation

entitled

---------------------------------------------------------------------------------------

-during semester third, academic year 2013, in partial fulfillment of

Masters in Convergent Journalism through the Central University of

Kashmir, Srinagar. This study is original and has not been submitted

before this or any other degree.

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March 2014 SupervisorSrinagar

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Declaration

I, -------------------------------------------------------------- Roll No.

---------------------------------, declare that the investigation, assessment

and analysis documented in this study was carried out by me during

semester Third, Session 2013-2014, under the guidance of

-----------------------------------------------------------------, in part fulfillment

of the requirements of Masters in Convergent Journalism Degree

through the Central University of Kashmir, Srinagar. No such

study/research, as entitled here, has been carried out anywhere before

this. References, attributions and information borrowed/quoted from

various sources and quarters are duly acknowledged.

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March 2014 Signature of the ResearcherSrinagar

ACKNOWLEDGEMENTS

It would not have been possible to write this research paper without the

guidance and support of the people around me, some of whom it is

possible to give particular mention here.

Above all I would like to thank almighty Allah for giving me this

strength to complete this research. I am immensely thankful to my

supervisor, Assistant Professor, Dept. Of Convergent Journalism, CUK,

Dr. John K Babu, for all his guidance and instructions. This research

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would not have been possible without his help and support and his

special attention to my research.

I am most grateful to Coordinator (Assistant Professor) Shahnaz Bashir,

and other faculty, Assistant Professors Asif Khan, Shams Imran, Ms.

Archana Kumari and Ms. Sadaf Bushra for their help and valuable

suggestions while carrying on this research.

I would like to acknowledge the support provided Press Information

Bureau, Srinagar by providing the necessary data for my research .I

would also like to thank the RTI movement of the valley, and its

chairman and founder Dr Sheikh Ghulam Rasool for its assistance in

carrying out the research.

March 2014 Signature of the ResearcherSrinagarCONTENTS

1. Introduction -----------------------------------------------------------------28

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1.1 Introduction.

1.2 What’s RTI act?

1.3 Global Perspective.

1.4. National Perspective.

1.5 Jammu and Kashmir Perspective.

1.6 Media and RTI.

1.7 Need of the study?

2. Literature Review ----------------------------------------------------------------------------

2.1 What’s Literature Review?

2.2 International Studies.

2.3 Studies in India.

2.4 Studies in Jammu and Kashmir

3. Methodology --------------------------------------------------------------------------------------

3.1 What’s Research Methodology?

3.2 Methodology utilized.

3.3 Research Questions.

3.4 Objectives.

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3.5 Research tools and setting.

3.6 Sample.

3.7 Conclusions.

4. Analysis of Data ---------------------------------------------------------04

4.1 Table 1

4.2 Table 2

4.3 Table 3

4.4 Table 4

4.5 Table 5

4.6 Table 6

4.7 Table 7

4.8 Table 8

4.9 Table 9

4.10 Table 10

4.11 Table 11

4.12 Table 12

4.13 Table 13

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5. Outcome---------------------------------------------------------------------------------------

5.1 Literature Review.

5.2 Methodology.

5.3 Objectives.

5.4 Sample.

5.5 Tools.

5.6 Findings

5.7 Conclusion

5.8 Limitations

5.9 References

5.10 Appendix.

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Abstract

RTI Act is a citizen centric legislation with the objective of

appreciating the value of individual in the democratic apparatus.

Media, the reflection of society, is indispensable institution for making

the masses cognizant at various aspects of RTI Act. Giving pertinent

space to this legislation, it has attested to its imperativeness in the

present times.

Topic of the research is “RTI and print media”. The method

adopted is content analysis of four leading dailies namely Greater

Kashmir, Rising Kashmir, Kashmir Images and Kashmir Times.

Reference period is from July1, 2013 to September 30, 2013.

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All the newspapers have uniformly lent space to news associated

with RTI.

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Chapter I

Introduction

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1.1 Introduction

Education has always been an innovative sphere of human intervention. Humans need to educate and innovate their understanding of scientific, socio political, economic, and legislative phenomenon to continue their development, both at the individual and collective level. In order to benefit from the institutions of education, education itself has to evolve to keep up with the urge and impulse to develop. In this regard, research has played a dominant role throughout centuries of human existence. Research has paved way for epoch making chapters in the history of human intellectual evolvement. It has assisted in raising issues and aspects which have proved as premise for development and advancement of understanding.

The researcher, keeping in view the imperativeness of RTI Act in the current democratic phenomenon has chosen RTI and Media as the topic for her research. The topic caters to the coverage of RTI news within a specific time period of the research.

1.2 What’s RTI Act?

In the democratic global order, citizen participation is critical. As citizens, the need of the hour in democratic countries is not their involvement in the electoral aspect but also on day to day basis- when decisions on policy, laws and schemes are being made and projects and activities are being implemented. Public involvement not only enhances the quality of governance but also promotes transparency and accountability in government functioning. But in reality how decisions are being made? How can ordinary people find out how tax money is

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being spent, if public schemes are being are being properly run or whether the government is acting honestly and fairly when it makes decisions? How can government servants be made answerable to the public they are supposed to serve?

One of the ways of enhancing public participation of public in the governance is their involvement in the affairs of the government comprehensively. In this regard information regarding the endeavors of the government in day to day affairs needs to be put forward before the public. The corollary of this idea conceived the RTI Act in 2005 in India.

HISTORICAL PERSPECTIVE

1.3 Global PerspectiveThe earliest reference to the Right to Information is found in

Sweden where in 1776 a convention of granting Right to Information to all its citizens was passed. The accessibility to information pertaining governance has endeavored in making Sweden the least corrupt country as per Transparency International's Index.

The UN general assembly passed a resolution in 1948 declaring freedom of information as fundamental human right thus recognizing people's right to have access to official information (which is part of article 19 of the International Covenant on Civil and Political Rights (ICCPR).

Fifty six countries in the world have already enacted acts providing right to information including countries from North America, most of

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the Europe, Colombia, Peru, South Africa, India, Austria and New Zealand. Over 25 countries have initiated the process to enact the Right to Information law most of which are from South America, East Africa, South East Asian, some from Russian federation. In the US, the Right to Information Act of 1966 was amended in 1974 after the 'Watergate' scandal. It would thus be seen that the Right to Information is a global phenomenon. Most of the democratic countries have recognized the Right to Information in one way or the other. International experience shows that it can also be co-related to development.

RTI Legislation of other Countries (1)

Across the world about 50 countries has guaranteed right to information as constitutional rights and 84 countries has enacted right to information legislation. This section comprises right to information legislation of different 15 countries. The update was made on August 2010. RTI has variable nomenclature in different countries. Some of the titles of this legislation in different countries is as under

1. Promotion of Access to Information act, 2000 - South Africa

2. The Access to Information Act, 2005 – Uganda

3. Freedom of Information Act, 1982 – Australia

4. Open Government Information Regulations, 2008 - People’s Republic of China

5. Access to Administrative Document Act, 1985 – Denmark

6. Federal Act on the Principle of Freedom of Information in Public Administration (Freedom of Information Act, FIA), 2007- Switzerland

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7. Freedom of Information Act, 2005 – Germany

8. Freedom of Information Ordinance, 2002 – Pakistan

9. The Right to Information Act, 2005 – India

10. Act on Access to Information Held by Administrative Organs, 1999 – Japan

11. Law of Transparency and Access to Public Information, 2003 – Peru

12. Public Information Disclosure Act, 2008 – Indonesia

13. Freedom of Information Act, 2000 - United Kingdom

14. Freedom of Information Act, 2007- United States of America

15. Act on Disclosure of Information by Public Agencies, 1996 - South Korea

1.4 National Perspective

RTI Act in India has its roots in 1982 when for the first time that a ruling was given by the Supreme Court to the effect that 'Disclosure of Information as regards the functioning of Government must be the rule and secrecy an exception'. The step can be perceived, psychologically, as a natural corollary to the gagged years of the emergency. Although lacking a legislative perspective in their undertakings, many nongovernmental organizations and activists strived for something that could assist the general public into having cognizance of the functioning of the government.

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In a watershed event, in the famous case of Mr. Kulwal v/s Jaipur Municipal Corporation in 1986 the Supreme Court gave clear cut directive that Freedom of Speech and Expression provided under article 19 of the Constitution clearly implies Right to Information as without information the freedom of speech and expression cannot be fully used by the citizens.

The Right to Information legislation has not witnessed a spontaneous evolvement. It has resulted from perseverance of activists and organizations whose continuous efforts and movements have brought about this change.

The famous Mazdoor Kissal Shakti Sanghatan movement of Rajastan in May 1990 led by Smt. Aruna Roy; the attempts of Shri. Harsh Mander, the then Divisional Commissioner of Bilaspur (MP) in 1996 to throw open the registers of Employment Exchange and the records of public distribution system to the citizens; the agitation led by Shri. Anna Hazare in Maharashtra in 2001 as well as the agitation by an NGO in a small place like Bhilangana block in Tehri Gadhwal are examples. Some States like Tamilnadu, Goa,Rajasthan, Maharashtra, Delhi, Madhya Pradesh, Assam and J&K had enacted their own Right to Information Acts.(2)

RTI ACT OF INFORMATION, 2005

RTI Act is defined under the constitution as an Act to provide for setting out the practical regime of right to information for citizens to secure access to information to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority,

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the constitution of Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

History of the Act

In continuation of widening the horizons of democratic participation the Government of India, appointed a working group under H. D. Shourie and assigned it the task of drafting legislation regarding information to general public. The Shourie draft was the basis for the Freedom of Information Bill, 2000 which eventually became law under the Freedom of Information Act, 2002. This Act was severely criticized for permitting too many exemptions, not only under the standard grounds of national security and sovereignty, but also for requests that would involve "disproportionate diversion of the resources of a public authority". There was no upper limit on the charges that could be levied. There were no penalties for not complying with a request for information. This Act, consequently, never came into effective force.

In 2005, the Parliament of India passed the Right to Information Act "to provide for setting out the practical regime of right to information for citizens" which was more expansive in operation and applicability than the aforementioned one. The act was enacted on 15 June 2005 and assented on 22 June 2005, while the date of commencement stood 12-October-2005. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. It extends to all

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constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act. However, the extent of the act was restricted for information pertaining to the security of the state which comes under the Official Secrets Act 1923 and other pertinent laws. Besides, the act does not include the territory of Jammu and Kashmir which has an act of its own.

1.5 J&K perspective

Jammu and Kashmir had passed RTI Act in 2004 which was a blueprint of the central Freedom of Information Act, 2002. It had following limitations (1) the lack of an independent Information Commission to hear appeals and levy penalties (they are currently handled by an administrative branch of the government, the General Administration Department), (2) lack of penalties for malafide refuse to provide information or unnecessary delays in providing the same, (3) a limited number of exemptions, (4) clear deadlines for processing applications and appeals..

The Jammu & Kashmir Right to Information Act, 2009 came into force on 20 March 2009, repealing and replacing the erstwhile Jammu & Kashmir Right to Information Act, 2004 and the Jammu & Kashmir Right to Information (Amendment) Act, 2008. The Act is based closely upon the Central Right to Information Act, 2005. Like all RTI

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legislation, it is intended to provided citizens a legally mandate mechanism for obtaining government records. (3)

When the Right to information came into force?The Jammu and Kashmir Right to Information Act, 2009 came into force with effect from 20th of March 2009. The Rules under the Act were framed vide SRO 196 which was issued on 20th of July 2009.(4)

Some of the different aspects of the RTI Act include the following:-

Who can claim the Right of Information?Every person who is residing within the state of J&K has a right to seek information under Section 3 of J & K Right to Information Act, 2009.

What does information mean?The information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority.

What does Right to Information mean?

 The right to information is the right to seek the information under J and

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K Right to Information Act, 2009.

What are the obligations of public Authority?

 The obligations of the public authorities is to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information, publish rules, regulations, instructions, manuals and records, details of subsidiary programmes run by it and list of beneficiaries of such programmes, names, designations and other particulars of the Public Information Officers and disseminate all information that pertains to general public good.

What information is excluded from disclosure?

The information which falls within the exemptions provided under Section 8 and Section 9 is not open to disclosure.  The exempted information is broadly the one that relates to sovereignty, integrity and security of State, disclosure of which may violate any court order, disclosure of which may cause breach of privilege of the Parliament or State Legislature or Cause violation of intellectual property rights etc.

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Is the partial disclosure allowed?

If the information claimed contains some part which is exempted from disclosure under section 8.  In such a situation the exempted part of information is to be separated from the rest of the information.  Thereafter, the non exempted part is disclosed.

What does a “Public Authority” means?

 The public authority means any authority or body or institution of self government established under law or financed directly or indirectly by the government.

Who are third parties?

The Third Party as defined under Section 2 Clause (L) means a person other than the Citizen making a request for information and includes a Public Authority.

Who are Public Information Officers?

PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be

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treated as a PIO. 

What are the duties of PIO’s?

The request for information has to be made to the Public Information Officer (PIO) or Assistant Public Information Officer (APIO). Where a decision is made to provide information then PIO or APIO has to inform the applicant to deposit further fee representing the cost of providing information.

 

            In case the decision is made to withhold the information requested for, then , PIO is required to inform the applicant about the same with the particulars of 1st Appellate authority and the time limit for making  such appeal if , he chooses so, to such authority.

What is the application procedure for requesting information?

The request for information has to be made to the Public Information Officer or Assistant in writing or through electronic means in English, Urdu or Hindi. A request for information should be accompanied by an application  fee of Rupees Ten

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by way of cash receipt  or Indian Postal Order or Demand Draft or bankers cheque  payable to the Accounts Officer of the Public Authority. The application written on non-judicial stamp paper of Rupees Fifty shall be deemed to be accompanied by the application fee.

 

However, no such fee is to be charged from persons belonging to Below the Poverty Line (BPL).

What is the time limit to get information?The Public Information is required to provide the information requested as expeditiously as possible and in any case within thirty days of the receipt of the request.

What is the fee?

The fee has to be charged at the following rate:

 

 (a)  Rupees ten for each page (A-4 or A-3) created or copied.

 (b)  Actual charge or cost price of a copy in large size paper.

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 (c)  Actual cost or price for samples or models; and

 (d)  For inspection of records, no fee for the first hour; and a  fee of Rupees Fifteen for each subsequent  hour(or a    fraction      thereof)

 (e)  For information provided in diskette or floppy Rupees Seventy five per diskette or floppy and Rupees hundred per C.D.

 (f)   For information provided in printed form at the price fixed for such publication or Rupees Two per page or photocopy for extracts from the publication.

 

However, no fee has to be charged from persons who are below the poverty line.

What could be the ground for rejection?The rejection of the application seeking information can be made on the grounds as stated in Section 8 and 9. The grounds on which the information can be denied are broadly like information which relates to sovereignty, integrity and security of State, disclosure of which may violate any court order, disclosure of which may cause breach of privilege of the Parliament or State Legislature or disclosure of which may cause violation of intellectual property rights etc.

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Who are the Appellate Authorities?

The First appeal can be made within a period of thirty days of expiry of period within which information is to be provided or within thirty days of receipt of such decision before First Appellate Authority or Head of the Institution.

           

The second appeal against the decision of the first Appellate Authority can be filed before the State Information Commission within a period of Ninety days from the date on which the decision should have been made by first Appellate Authority or within a period of Ninety days from the day on which the decision of the first Appellate Authority was received.

How is the State Information Commission constituted?The Section 12 of J&K Right to Information Act provides that J&K State Information Commission shall be constituted by issuing notification in the Government Gazette. 

What is the eligibility criterion and what is the process of appointment of State Chief Information commissioner?Section 12 (5) of J&K Right to Information Act, 2009 requires that the State Chief Information Commissioner and the State Information Commissioner shall be persons of eminence in public life with wide knowledge and experience in law , Science  and Technology, Social Science, Management, Journalism , Mass Media or Administration and

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Governance.

 

The State Chief Information Commissioner and the State Information Commissioners can be appointed by the Governor on the recommendations of committee consisting of Chief Minister, Leader of Opposition in the Legislative Assembly and Cabinet Minister to be nominated by the Chief Minister.

 

However, where the Leader of Opposition in Legislative Assembly has not been recognized, then, the leader of single largest group in opposition to Government shall be deemed to be the leader of opposition for the purpose of committee of appointment of Chief Information Commissioner or Information Commissioners.

What are the powers and functions of Information Commission?The State Information Commission is the Appellate Authority. The second appeal against the decision of the Ist Appellate Authority can be filed before the State Information Commission within a period of Ninety days from the date on which the decision should have been made by Ist Appellate Authority or within a period of Ninety days from the day on which the decision of the Ist. Appellate Authority was received.The Commission has also a duty to receive and enquire into a compliant from any peson relating to matters of Right to information. 

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What is the procedure of reporting?

The State Information Commission is required to prepare a report at the end of each year. The report is them to be tabled before each house of the Legislature by the Government.

What are the penalty provisions?

The powers of the State Information Commission are as under:-

 

(a)  Where PIO is held guilty of not providing  the information without reasonable  cause or malafidely, a penalty of  Rs. 250 for each day of delay subject to the condition that  amount of penalty shall not exceed Rs. 25000. Section 17(1)

 

(b)  J&K    State Information Commission can if the PIO is held guilty of not providing information, recommend for disciplinary action against the Public Information Officer under Service Rules applicable to him. Section 17(2)

 

(c)  State Information Commission can if it is satisfied that there are reasonable grounds to inquire into a matter and initiate an inquiry in

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respect thereof. Section 15 (2)

 

(d)  The State Information Commission shall inquire into a matter have all the powers as are vested in a civil court under civil procedure code. It includes summoning, enforcing attendance of person receiving evidence and requisitioning any record and documents. Section 16 (9)

 

(e)   State Information Commission can if it appears that practice of a Public authority do not conform to the provisions or spirit of the Act then it can make recommendation specifying the steps which ought to be taken for promoting such conformity. Section 22 (5)

 

(f)   The State Information Commission can make a rating of public authorities in respect of their meeting the standards provided under J&K Right to Information Act, 2009 and the rules there-under. Rule 36 (i)

What is the jurisdiction of courts?

The Section 20 puts a bar on initiation of proceedings before any court in respect of any order made under the Act.

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What is the role of Central/ State Governments?The role of  Government under J&K Right to Information Act 2009 is laid down  under Section 23 they are;-

 

(a)  The Government is required to develop and organize educational programmes as to how the rights contemplated under the Act.

(b)  Encourage public authorities to participate in educational programmes.

(c) Promote timely and effective dissemination of accurate information by public authority.

(d) Train public information officers and produces relevant training material.

(e) Publish a guide in official language of State in easy and comprehensible form for person/s who wishes to exercise the rights specified in the Act.

(f)  Publish objects of the Act.

(g) Publish postal, street addresses, phone, fax and e-mail address of Public Information Officer.

(h) Publish fee to pay in applications under Right to Information Act.

Who has the Rule making Power?

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The Rule making power as per the Section 24 of J & K Right to Information Act 2009 is vested in the government of Jammu and Kashmir. The rules have been framed under SRO 196 and notified on 20th of July 2009.

Who has the power to deal with difficulties while implementing the RTI Act?The power to remove the difficulties is vested in government under Section 27. However the order to remove difficulties can only be made within two years from the date of commencement i.e. 20th March 2009. Any order made for the removal of difficulties has to be laid before each house of State Legislature.

Can we file RTI in case of media agencies?

No, we cannot file RTI in case of media agencies in a direct way. However, we can procure such information from Director of Information, State in these cases.

How many RTIs have been filed in the aforesaid manner?

In the aforesaid manner no RTIs were filed during the months that the researcher focused on. However, recently on 5 March, 2014 an RTI was filed in the aforesaid manner by a citizen to procure information related to media bans, subsidies etc.

Are media people aware of the RTI Act themselves?

Yes, nearly all media people were cognizant about the said act and perceived it as a tool for transparency in the news making.

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1.6 MEDIA AND RTI

The RTI Act was a watershed moment in the history of the valley. It brought vast changes in the transparency and functioning of the governmental departments as information was available to all for procurement. Media played its part as well. Since its inception media has assisted in its publicity among the masses. Many RTIs subsequently paved way for engaging news stories like Medical Entrance exam scandal etc. RTI became a tool for public to put their stories across to media too. In the previous years there has been extensive coverage of RTI Act, its activists and incidents pertaining to it. It can be safely assumed and attested that media has played its role in its popularity in the public consciousness.

1.7 NEED OF THE STUDY

In present times with the change in the dynamics of democracy there is a need to document the rise of factors which are brining on this change. Media, as mentioned before, has played an important role towards institutionalization of RTI among the masses. However, so far no study, both at the micro and macro level, has been conducted vis a vis the coverage of RTI in the print media. The researcher felt a need to link both the democratic process and media. It can, in the future, assist researchers conducting a research under this context.

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Chapter II

LITERATURE REVIEW

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1.1 What is a literature review?

A literature review is an evaluative report of studies found in the

literature related to your selected area. The review should describe,

summarize, evaluate and clarify this literature. It should give a

theoretical basis for the research and help you this literature. It should

give a theoretical basis for the research and help you are central to your

area rather than trying to collect a large number of works that are not as

closely connected to your topic area.(5)

In the past, research has been conducted in the direction of RTI with

different variables. Some of these notable researches include:-

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1.2 International studies

1.Raihan, A. and Ahamed, S (………Year) studied the Right to

Information (RTI) Act in South Asia and it has seen mixed results. The

sub-continent's largest country, India, has largely proved to be an

exemplar of RTI with a lot of publicity and use from civil society

organisations and the public in challenging national and regional

administrations to release information. The authors outline a number of

challenges and offer some suggestion to improving RTI in South Asia.

The success of RTI is closely linked to the level of democracy in a

country. Where democratic practices are lacking, it is of utmost

importance that the government is seen to be fully committed to

the ideal of RTI

A paradigm shift in the mind-set of public officials as well as

citizens long used to subservient relationships with the authorities

is also required for the success of RTI

The lack of a tradition of rule of law and the existence of a culture

of impunity are detrimental to the promotion of RTI. The

importance of using the penalty clause to bring recalcitrant

officials to book has been proven in India and to some extent in

Bangladesh

The importance of NGO and media involvement in promoting RTI

has been demonstrated in India. The relative lack of such

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involvement in Bangladesh, Nepal and Pakistan is impeding

progress. Exchange visits of media personnel and RTI activists

may help in this regard

Lack of human resources in information archiving and

management has been a major challenge for government and non-

government institutions. Public and private institutions need to

offer post-employment training programmes on ICT-led

information archiving and management

Civil society organisations that were leading the campaign for an

RTI Act should come forward with their own information and set

examples of transparency. This is particularly relevant to countries

such as Bangladesh and Nepal where NGOs have been brought in

to the purview of RTI and so are subject to the same scrutiny as

government offices.

1.3 Studies in India

1. P. Chitra1, Dr. M. Neelamalar, Ph.D. Research Scholar, Assistant

Professor, Department of Media Sciences, Anna University, Chennai,

respectively, have conducted a research titled Print Media Technology

and Social Change: The Role and Effectiveness of Right to Information

(RTI) Act.

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In the said research the researchers have reflected on the imperativeness

of RTI in the democratic set up and the role of media. The researchers

have conducted content analysis and interviews and following

conclusions have been made:

According to the research, media can make a real difference to the lives

of poor and disadvantaged people in the following ways:

Making people more aware of their rights and entitlements

Enabling people to have access to government programmes,

schemes and benefits;

Making people more aware of political issues and options and

helping to stimulate debate;

Educating the public on social, economic and environmental

issues;

Drawing attention to institutional failings – corruption, fraud,

waste, inefficiency, cronyism, nepotism, abuse of power and the

like;

Fostering exchange of best practices, knowledge resources, access

to better technology, and to better choices

Creating pressure for improved government performance,

accountability and quality, for example in service delivery; and

Providing a discursive space for citizens to dialogue with other

actors in the governance process.

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1.3 Studies in Jammu and Kashmir

2. Ms. Maja Daruwala and Venkatesh Nayak, have conducted a research

for Commonwealth Human Rights Initiative (CHRI) in 2007 which

focuses on the inadequacies of the then RTI Act in J and K in the

Amendment Bill. The research titled ‘An Analysis with

Recommendations for Improvement’ in context of J and K RTI

Amendment Bill 2007 focused on the areas that needed critical

contemplation with regard to RTI Act in 2007. The research strived to

bring forth the loopholes and suggestions for overcoming shortcomings

in the Act, back in 2007.

Some of the inadequacies found by the research back in 2007 include the

following:-

1) The preamble of the Act did not clearly spell out its objectives

The opening line of the J&K RTI Act merely stated that is “An Act to

make provision for securing right to information…”. The preamble

represents the soul of a legislation indicating its aims and objectives.

The Central RTI Act clearly indicates the various public interests that it

aims to protect chief of which are: creating an informed citizenry,

making the Government and its instrumentalities transparent and

accountable to the governed and containment of corruption in public

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bodies. The preamble of the Central RTI Act also recognises the

existence of other public interests such as the efficient operations of

public bodies, optimum use of limited fiscal resources and preservation

of the confidentiality of sensitive information. It indicates how these

conflicting public interests are to be harmonized – harmonization must

be undertaken keeping the democratic ideal paramount. The J&K RTI

Act does not contain any such formulation. The Amendment Bill does

not rectify this situation.

2) The High Court of Jammu and Kashmir is not covered

The High Court of Jammu and Kashmir is not included within the

definition the term ‘public body’ of the J&K RTI Act. The Central RTI

Act does not apply to Jammu and Kashmir. Therefore the High Court of

Jammu and Kashmir is not covered by that legislation either. As a result,

the High Court of Jammu and Kashmir will not have any responsibility

for giving information under any law other its own rules and procedures.

Access to information under these rules and procedures is limited only to

parties to any suit filed before the High Court. Other citizens will not be

able to access any information about the working of the High Court on

the judicial or administrative side without proving locus standi. The

main purpose of right to information laws is to give citizens access to

information held by public bodies for the simple reason that they are

primary stakeholders in a democracy. International best practices require

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even the judiciary to be transparent. This is why the Central RTI Act

requires the Supreme Court of India all High

Courts and the subordinate courts to provide citizens with access to

information held by them unless a statutory exemption is applicable. By

leaving the High Court out of the purview of the J&K RTI Act the State

Government has restricted the fundamental right of citizens to access

information from a constitutional body. The Amendment Bill does not

rectify this lapse.

3. Definition of information is inadequate

The existing version of the J&K RTI Act defines the term ‘information’

in Section 2(e) as meaning “any document or information relating to the

affairs of the State or a public body.” The definition in the Central RTI

Act is much wider and covers a whole gamut of materials which qualify

to be called ‘information’ – this includes records, circulars, memos,

emails, log books, contracts emails, opinions, press releases, reports and

models. In the absence of a comprehensive definition of the term

‘information’ in this manner, bureaucrats are likely to deny access to

many categories of information whose disclosure may be inconvenient

to their vested interests. There is a serious danger of the Act becoming

restricted to providing copies of only papers and documents held by

public bodies. The Amendment Bill does not rectify this situation.

4) Private bodies have been left out

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The Central RTI Act recognizes the right of citizens to seek and obtain

information about private bodies that a public authority can access under

any other existing law. This brings private bodies within the ambit of

transparency requirements albeit in an indirect manner. While they do

not have any direct obligation to provide information to citizens,

government departments and statutory bodies that have regulatory

control over their affairs would be duty bound to disclose information

that they have legitimately collected about the functioning of such

private bodies. Information about private bodies is collected and

maintained by public bodies in the larger public interest and citizens

should have the right to seek and obtain such information. The

Amendment Bill does not provide for accessing information about

private bodies held by public bodies in Jammu and Kashmir.(6)

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CHAPTER III

METHODOLOGY

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3.1 What’s Research Methodology?

Research methodology is the process used to collect data and other types of information for use in gathering of information for research. Examples of this type of methodology include interviews, surveys, and research of publications. All of these types include the use of present and historical information. (8)

3.2 Methodology Utilized

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Content Analysis: Content Analysis is described as the scientific

study of content of communication. It is the study of the content with

reference to the meanings, contexts and intentions contained in

messages. The term Content Analysis is 75 years old, and Webster’s

Dictionary of English language listed it since 1961. (7)

The main focus of the research is RTI movement and Media. In the

research, the researcher used content analysis as the main methodology

of research. In this direction, newspapers were used as the content for

analyzing the research topic. The said methodology constituted of

analyzing the content of four leading dailies of the valley. These

included Greater Kashmir, Rising Kashmir, Kashmir Times, and

Kashmir Images.

3.3 Research Questions

Besides, in this research internet was utilized for conducting the

research. Some of the questions derived from the research include

What is the percentage of RTI news in Greater Kashmir in the three months of the research?

What is the percentage of RTI news in Rising Kashmir in the period of the research?

What is the percentage of RTI news in Kashmir Images in the time period of research?

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What is percentage of RTI news in Kashmir Times in the time period of research?

3.4 Objectives

The main objective of the research was the space given to RTI news in the Kashmiri media. The research did not include the dynamics of relationship between the two. It simply focused on the percentage of space in three months - July, August, and September.

3.5 Research Tools and Research setting

Research tool can be defined as the instrument in the hands of researchers to measure what they indent to in their study. (9)

Code sheets were the main tools in the conduction and tabulation of the research.

Code Sheet (31+ 30 +31)* 4 for each day (each day = 1 Rising Kashmir+ 1 Greater Kashmir + 1 Kashmir times + 1 Kashmir images) = 398

Number of news items on RTI published.

S.NO

Subject of analysis

News Stories Editorials/Articles

Letter

Illustrations

First Page

Inside Page

Fr Sp Fr Sp Fr Space Fr Sp Fr1 Govt.

administration

2 NGO/Organizatio

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nActivities/funds

3 Acts and Amendments

4 Political parties

5 RTI activistsa. Awarenessb. Protestsc. State land issuesd. Human rights

6 Developmenta. Educationb. Health c. Agricultured. Ecologye. Transportf. Sports

7 Other issuesTotal

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Fr: Frequency, Sp: Space

3.6 Sampling

Random Sampling was the scientific method used in the research. Random sampling is the process of collecting and analyzing only a small representative portion of a larger group. Each item must have the same likelihood of being selected.(10)

The sample size utilized for the research was 368 which equaled to the number of publications by the concerned media agencies in the period of research.

The following agencies constituted research setting of the research:

Greater Kashmir

Greater Kashmir is the premier newspaper in the world. It established as a news weekly in 1987 and in 1993 its publication as newspaper started. It is edited by Fayaz Ahmad Kaloo and is edited online by Arshid Kaloo. Its subscription remains unparalleled in the valley.(11)

Rising Kashmir

The Daily English Newspaper from Jammu and Kashmir founded on 10th March 2008.

Editor-in-chief: Syed Rafi-u-Din Bukhari.

Editor: Shujat Bukhari.(12)

Kashmir Images

Daily English newspaper published from Srinagar. Started in 1996.

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Editor: Bashir Ahmad Nayak.

Online Editor: Asif Gul.

Kashmir Times

A daily English newspaper published from Srinagar. Started as a weekly newspaper in 1954 and then daily in 1964.

Editor: Prabodh Jamwal.

Online editor: Anuradha Basin.

3.7 Conclusions

Greater Kashmir has most percentage in the publication of RTI news followed by Rising Kashmir, Kashmir Times. News related to RTI activists has been given more space than others, followed by news related to governance etc. Third page news was found to be more than other page coverage’s.

3.8 Validity of the research

The validity of the research is very crucial for sustaining its argument as a genuine outcome. The researcher strived to be as authentic in his research as possible. Given the fact that the research was purely quantitative there was no scope of any subjectivity on the part of the researcher. The research gives a simple glimpse into the coverage pertaining to RTI Act in the valley.

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3.9 Limitations

1: The research would have been more informative if RTI activists had cooperated in presenting their views.

2: No holistic interviews regarding RTI Act were conducted due to non cooperative spirit among some people.

3: No prior research was done in this direction which would, otherwise, have proved beneficial in the pursuit.

4: More than thirty dailies published in the valley, out of which only four were selected for research purpose.

5: RTI act is applicable to all the states of India while as only a specific area – Kashmir was selected for research purpose.

6. Views of sociologists would have been beneficial in the role played by media in getting RTI into general consciousness. Unfortunately, the researcher did not come across any appreciable assistance in this regard

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CHAPTER IV

Data Analysis

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Table 1

Number of news items on RTI published in four newspapers in three Months (July, August, Sep. 2013)

S.NO

Subject of analysis

News Stories Editorials/

Articles

Letter

Illustrations

First Page

Inside Page

Fr Sp Fr Sp Fr Space Fr Sp Fr

1 Govt. administration

6 339

2 NGO/Organization

Activities/funds

1 12

3 Acts and Amendmen

5 150 1 84 2 45

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ts

4 Political parties

3 224

4 195 4

5 RTI activists

a. Awareness

10 296 1

b. Protests 2 41

c. State land issues

4 260 3

d. Human rights

1 94

6 Development

a. Education

1 72

b. Health

c. Agriculture

d. Ecology

e. Transport

f. Sports

7 Other

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issues

Total 3 224

34 1457

1 84 2 45 8

Fr: Frequency, Sp: Space

Analysis Table 1: In three months more coverage was given to RTI activists followed by Government administration. Only 3 stories related to political issues were given front page coverage. More space was given to news related to RTI Activists (Awareness, Protests, State land issues, Human rights) followed by political parties.

Table 2

News items on RTI published in Greater Kashmir newspaper in three Months (July, August, Sep. 2013)

S.NO

Subject of analysis

News Stories Editorials/

Articles

Letter

Illustrations

First Page

Inside Page

Fr Sp Fr Sp Fr Space Fr Sp Fr

1 Govt. administration

1 56

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2 NGO/Organization

Activities/funds

1 12

3 Acts and Amendments

3 74

4 Political parties

1 18 1

5 RTI activists

a. Awareness

2 46

b. Protests 1 14

c. State land issues

1 98 1

d. Human rights

6 Development

a. Education

1 72

b. Health

c.

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Agriculture

d. Ecology

e. Transport

f. Sports

7 Other issues

Total 1 18 10 372 2

Fr: Frequency, Sp: Space

Analysis table 2: In Greater Kashmir were total of 10 news stories published on RTI, more coverage was given to news related to Acts and amendments, while as more space was given to state land issues.

Table 3

News items on RTI published in Rising Kashmir newspaper in three Months (July, August, Sep. 2013)

S.NO

Subject of analysis

News Stories Editorials/

Articles

Letter

Illustrations

First Page

Inside Page

Fr Sp Fr Sp Fr Space Fr Sp Fr

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1 Govt. administration

2 75

2 NGO/Organization

Activities/funds

3 Acts and Amendments

4 Political parties

1 48 1 41 1

5 RTI activists

a. Awareness

3 78 1

b. Protests 1 27

c. State land issues

2 136 2

d. Human rights

1 94

6 Development

a.

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Education

b. Health

c. Agriculture

d. Ecology

e. Transport

f. Sports

7 Other issues

Total 1 48 10 451 4

Analysis table 3:

In Rising Kashmir there were total of 10 news stories published on RTI in which more coverage was given to news related to RTI activists, while as more space was given to news related to state land issues.

Table 4

News items on RTI published in Kashmir Times newspaper in three Months (July, August, Sep. 2013)

S.NO

Subject of analysis

News Stories Editorials/

Articles

Letter

Illustrations

First Page

Inside Page

Fr Sp Fr Sp Fr Space Fr Sp Fr

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1 Govt. administration

3 208

2 NGO/Organization

Activities/funds

3 Acts and Amendments

2 76 1 84 1 30

4 Political parties

2 194 1

5 RTI activists

a. Awareness

2 82

b. Protests

c. State land issues

1 26

d. Human rights

6 Development

a.

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Education

b. Health

c. Agriculture

d. Ecology

e. Transport

f. Sports

7 Other issues

Total 10 586 1 84 1 30 1

Analysis 4.

In Kashmir Times there were total of 10 news stories published on RTI in which more coverage and space was given to news related to governance followed by news related to political parties.

Table 5

News items on RTI published in Kashmir images newspaper in three Months (July, August, Sep. 2013)

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S.NO

Subject of analysis

News Stories Editorials/

Articles

Letter

Illustrations

First Page

Inside Page

Fr Sp Fr Sp Fr Space Fr Sp Fr

1 Govt. administration

2 NGO/Organization

Activities/funds

3 Acts and Amendments

1 15

4 Political parties

1 92 1 26 1

5 RTI activists

a. Awareness

2 63

b. Protests

c. State land issues

d. Human

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rights

6 Development

a. Education

b. Health

c. Agriculture

d. Ecology

e. Transport

f. Sports

7 Other issues

Total 1 92 3 89 1 15 1

Analysis 5

In Kashmir Images there were total of 4 news stories published on RTI in which more coverage and space was given to news related to RTI activists.

Table 6

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Newspaper wise News items on RTI published in three months.

S No

Newspapers

News stories

Editorials

Letters

Illustrations

Total

% Rank

1 Greater Kashmir

11 0 0 2 13 27.08

3rd

2 Rising Kashmir

11 0 0 4 15 31.25

Ist

3 Kashmir Times

10 1 1 2 14 29.16

2nd

4 Kashmir images

4 1 1 6 12.5 4th

Total 36 1 2 9 47 99.95

Analysis 6

In the three months Rising Kashmir ranks number one in covering RTI issues (31.25 %) followed by Kashmir Times (29.16 %) then by Greater Kashmir ( 27.08%) while as Kashmir Images Ranks fourth (12.5 %)

Table 7

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News item on RTI related to Govt. administration

S. No

Frequency % Space %

1 News Stories

(First & Inside Page)

6 339 92.8

2 Editorials 0

3 Letters 0

4 Illustrations 1 26 7.2

Total 6 365 100

Analysis 7:

Total news items related to Government administration were 6 with 339 column centimeters space

Table 8

News item on RTI related to NGO/Organization activities/funds

S. No

Frequency % Space %

1 News Stories

(First & Inside Page)

1 12 100

2 Editorials 0

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3 Letters 0

4 Illustrations 0

Total 1 12

Analysis 8

Total news items related to NGO/Organization activities/funds were only 1 with 12 column centimeters space.

Table 9

News item on RTI related to Acts and amendments

S. No

Frequency % Space %

1 News Stories

(First & Inside Page)

5 62.5 150 53.7

2 Editorials 1 12.5 84 30.1

3 Letters 2 25 45 16.12

4 Illustrations

Total 8 100 279

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Analysis 9

Total news items related to to Acts and amendments were 8 (5 stories + 2 letter + 1 editorials ) in number with total 279 column centimeters space.

Table 10

News item on RTI related to Political parties

S. No

Frequency % Space %

1 News Stories

(First & Inside Page)

7 58.3 419 83.6

2 Editorials

3 Letters 1 8.3 15 3

4 Illustrations 4 33.4 67 15.3

Total 12 501

Analysis 10

Total news items related to Political parties were 12 (7 stories + 1 letter + 4 illustrations ) in number with total 501 column centimeters space.

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Table 11

News item on RTI related to RTI Activists (Awareness, Protests, State land issues, Human rights).

S. No

Frequency

% Space %

1 News Stories

(First & Inside Page)

17 80.9 691 88.4

2 Editorials

3 Letters

4 Illustrations 4 19.04 90 11.5

Total 21 781 99.9

Analysis 12

News item on RTI related to RTI Activists (Awareness, Protests, State land issues, Human rights) were 21 (17 stories + 4 illustrations ) in number with total 781 column centimeters space

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Table 12

News item on RTI related to development (education, health, agriculture, ecology, transport and sports)

S. No

Frequency % Space %

1 News Stories

(First & Inside Page)

1 72 100

2 Editorials 0

3 Letters 0

4 Illustrations 0

Total 1 72

Analysis 12

News item on RTI related development (education, health, agriculture, ecology, transport and sports) was only one in number with total 72 column centimeters space

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Table 13

News item on RTI related to other issues

S. No

Frequency % Space %

1 News Stories

(First & Inside Page)

0

2 Editorials 0

3 Letters 0

4 Illustrations 0

Total 0

Analysis 13

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Chapter V

Out come

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5.1 Literature review

Some commendable research has been done in the applicability of RTI in the current political set up. These throw light on the critical nature of this legislation. Media, as per the research conclusions, has and should continue playing its role in the enhancement of understanding of this legislation

5.2 Methodology

The methodology of the researcher was based on content analysis. The researcher analyzed the pertinent literature for her research. The research was quantitative analysis.

5.3 Objectives

The objective of the research was the space provided by different newspapers to RTI news. The different parameters of this news and the different spaces allotted by different newspapers to these news.

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5.4 Sample

5.5 Tools

5.6 Findings.

• 1. In three months more coverage was given to RTI activists followed by Government administration. Only 3 stories related to political issues were given front page coverage. More space was given to news related to RTI Activists (Awareness, Protests, State land issues, Human rights) followed by political parties.

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• 2.In Greater Kashmir were total of 10 news stories published on RTI, more coverage was given to news related to Acts and amendments, while as more space was given to state land issues.

• 3. In Rising Kashmir there were total of 10 news stories published on RTI in which more coverage was given to news related to RTI activists, while as more space was given to news related to state land issues.

• 4.In Kashmir Times there were total of 10 news stories published on RTI in which more coverage and space was given to news related to governance followed by news related to political parties.

• 5.In Kashmir Images there were total of 4 news stories published on RTI in which more coverage and space was given to news related to RTI activists.

• 6.In the three months Rising Kashmir ranks number one in covering RTI issues (31.25 %) followed by Kashmir Times (29.16 %) then by Greater Kashmir ( 27.08%) while as Kashmir Images Ranks fourth (12.5 %).

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• 7. Total news items related to Government administration were 6 with 339 column centimeters space

• 8. Total news items related to NGO/Organization activities/funds were only 1 with 12 column centimeters space.

• 9. Total news items related to to Acts and amendments were 8 (5 stories + 2 letter + 1 editorials ) in number with total 279 column centimeters space.

• 10. Total news items related to Political parties were 12 (7 stories + 1 letter + 4 illustrations) in number with total 501 column centimeters space.

• 11. News item on RTI related to RTI Activists (Awareness, Protests, State land issues, Human rights) were 21 (17 stories + 4 illustrations) in number with total 781 column centimeters space.

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• 12. News item on RTI related development (education, health, agriculture, ecology, transport and sports) was only one in number with total 72 column centimeters space.

5.7 Conclusions

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• Greater Kashmir and Rising Kashmir has most percentage in the publication of RTI news followed by Kashmir Times.

• News related to RTI activists has been given more space than others, followed by news related to governance etc.

• Third page news was found to be more than other page coverage’s.

• Soft and feature stories are carried rarely

• RTI activist’s stories dominate other stories.

• In terms of space – more space was given to RTI news related to RTI Activists (Awareness, Protests, State land issues, Human rights) which is 781 ccm, followed by political news – 501 ccm while as least space was given to news related to development (education, health, agriculture, ecology, transport and sports) that is 72 ccm and news related to NGO’s which is 12 ccm.

• Most of the news stories were without illustrations.

• Qualitative analysis is missing.

• The researcher found that substantial space has been provided by newspapers to the RTI news. There was not any appreciable disparity in the content and space of this news in the various newspapers.

5.8 References

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5.9 Appendix

Researcher used the code sheet for data collection.

S.NO

Subject of analysis

News Stories Editorials/Articles

Letter

Illustrations

First Page

Inside Page

Fr Sp Fr Sp Fr Space Fr Sp Fr1 Govt.

administration

2 NGO/OrganizationActivities/funds

3 Acts and Amendmen

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ts4 Political

parties5 RTI activists

a. Awarenessb. Protestsc. State land issuesd. Human rights

6 Developmenta. Educationb. Health c. Agricultured. Ecologye. Transportf. Sports

7 Other issuesTotal

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Biblography:

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1/ (Source: http://www.ccrinepal.org/resources/rti-legislation-world)

2/ ( Source: http://www.img.kerala.gov.in/docs/rti/rti-history.pdf)

3/ Wikipedia

4/ Wikipedia

5/ (www.library.cqu.edu.au/tutorials/litreviewpages/)

6/ Raihan, A. and Ahamed, S. ( ). ‘Challenges of Right to Information in South Asia’ Protifolon (5), IDS Knowledge Services and the Institute of Informatics and Development (IID), Bangladesh

7/ Source: Content Analysis

A method in Social Science Research - B Devi Prasad ).

8/ ( Ram Ahuja, Research methods, Yahoo Answers)

9/

(Ram Ahuja, Research Methodology, Yahoo Answers)

10/ (Wiki answers/ Yahoo answers)

11/ Wikipedia

12/ Facebook

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