शुक्रवार, 25 अगस्त 2017

Directive issued to Authority of KISS Tribal School by CWC, Khurda



Directive issued  to  Authority of KISS  Tribal School, Bhubaneswar, Odisha  to comply within one month on the basis of  CWC Inquiry Report  in the matter of alleged torture of children living in KISS
Dear friends
Following the  complaint on  allegation of torture  of children living in KISS  tribal school by Subas Mohapatra, Human Rights Activist on 17.4.17,  a joint Inquiry  Committee  comprising the members of  Child Welfare Committee, Khurda and District Child Protection Officer enquired into the matter on 19.6.2017.  on the basis of the enquiry report, Child Welfare Committee, Khurda has issued the following  direction dated 8.8.2017  to the authority of KISS Tribal school, Patia, Bhubaneswar to comply  within month.  No doubt, this is a biggest  achievement of Subas Mohapatra and his greatest contribution to save the tribal  children  from  hunger and  malnutrition.

Major issues in respect of  violation of right of tribal  children  in KISS Tribal school  identified by CWC, Khurda is as follows

1.       It  is astonishing  that KISS Tribal School  is not recognised by Tribal Welfare Deptt.  Of Govt. of Odisha till yet.
2.       The Institute only accommodates poor tribal children. Academic proficiency  is not a criterion for selection. 
3.       The children are living as internees of the school hostel.
4.       No Govt. authority other than education Dept.  Inspects the activities of KISS.  
5.       There are no sufficient toilet available for huge number of children  living in the hostel. Hence children are suffering.
6.       The living space of the children are too congested  for the children  to live comfortably. Hence the Hostel rooms are found over-crowded.  Rooms are not cross-ventilated. Some single beds are shared by  two children.
7.       The living rooms are found untidy, stinky and unhygienic as these are over-crowded.
8.       Children are not given freedom to play  even to watch the games except a few selected  children  who participate in outside games.
9.       Small size sanitary napkins are provided to the adolescent girls as a result the older girls feel uncomfortable.
10.    Staffing pattern is too less to manage such  a huge crowd of children. For 400 children, there are only 2 supervisory staff.  On the other hand the staff are  not found  to be trained  on child rights and  child protection.
11.   There is no  grievance redressal  mechanism in the hostel. No complaint Box. Hence  the grievances  of the children are found not heard properly.
12.   Since there are may  children especially adolescents are living together, they have to have many issues  which need to be addressed  by the case worker/ counsellor. But the institution has not appointed any such staff.
13.    Though the management explained  that  the children’s health check up  is conducted  prior to admission and there is a separate hospital for the children. But in practice there is no sick room adjoined  to the hostels to accommodate the sick children.
14.   Children eat “chuda” and sugar  everyday at 7 am. After that they take  a meal and go to the school.  They come back  from school at 4 pm. They eat rice & curry  at night. No menu  chart followed.  Repetition of food menu and monotonous diet  is given to the children. Huge gap between two meals is observed. Due to insufficient nutrition , the children are  found undernourished  and anaemic. 
15.   There are several instances of children running away from  the institution  due to poor grievance redressal mechanism . Many times the run away children are produced before WC and the committee has noticed that no FIR is lodged by the authority.  Though the Child Welfare Committee has issued notice to the KISS authority to appear and explain about the reasons of runaway and non-reporting about the fact to the police. But the authority of KISS never cares to appear.

Directives  to  KISS Tribal School by CWC, Khurda
1.       First of all it is necessary for the institution  to get recognition  from the Dept. of Tribal Welfare. So that  the government people  can inspect  the institution  and give proper advise  to improve standard of care.  They will be responsible  for any deficiency  of standard of care. Hence, the KISS Authority is to apply  to the Dept. of  Tribal welfare , Govt. of Odisha  in a month  time to obtain necessary  recognition. At least a set of guidelines  may be  issued  to the institution  to maintain standard of care  of the children  and to address grievances  of the children.
2.       Since the institution has accomodated  some children  in need of care  and protection, it needs to be recognised  by the Deptt. Of W and CD  under JJ Act.  This would help the  government officials of JJ system  to verify  standard of care  and to see whether  all rights  to the children  are ensured. Hence  the KISS Authority  is to apply  in specific form  to Khorda district  administration  within a month  time  to issue  certificate  of recognition  u/s 41 of Juvenile Justice  ( care  and prortection  of children) Act 2015.
3.       All  the children  who come  under the purview of  child in need  and protection  under section 2 (14)  of the JJ Act  are to be identified  and be produced  before CEC, Khurda  as per  section 31 of the Act  with proper background report in one month time.
4.       The inquiry  committee  realised that  within the existing  infrastructure, it is not proper to accommodate such a huge  number of children . Hence either  the number of children  shound be reduced  or necessary  infrastructure  should  be developed  to meet the needs of the  children  as per ICPS norms.  The institution  shall submit  an action plan report in the matter to this committee within one month time.
5.       The guideliens for ensuring a child safe environment  in institutions where children are housed  and /or  study  issued  by the Dept. of Women and Child Development , Govt. of Odisha  vide notification  No. 13626 dated 23.8.2014  is to be mandatorily  followed  by the Institution and be monitored  by the District Administration / education authority. All the provisions  laid down  under this guidelines  shall be  complied  by the institution  within one month  tome so that  safety of the children  can be ensured.
6.        The inmate should be provided  with necessary toilets  and bathroom services for their  comfortable  living as it is their right.  An action plan report in this regard  shall be submitted  to this  committee  within a month time.
7.       In view of accomodation of huge number of children, this committee feels that  there shall be at least a proper  Child Protection Policy  in the institution  as a safety mechansim  for the children.  Hence,  the KISS  authority  shall publish  a clear ChILD Protection Policy  document  in the institution  which shall be  read and signed  by all the people  working in the institution  withina month period.

Comments

1.    While passing direction, CWC, Khurda  has ignored  or bypaased major issued  relating  to  violation of right of the children.  For example,  in its enquiry report, CWC has mentioned that  “Children eat “chuda” and sugar  everyday at 7 am. After that they take  a meal and go to the school.  They come back  from school at 4 pm. They eat rice & curry  at night. No menu  chart followed.  Repetition of food menu and monotonous diet  is given to the children. Huge gap between two meals is observed. Due to insufficient nutrition , the children are  found undernourished  and anaemic.”  But   CWC has not made  any  direction  to KISS  authority to ensure nutritious  food to the children. This is the biggest violation of right to food of the children.

2.    CWC  has not come out with any direction KISS Authority  about  enforcing grievance redressal  mechansim  in the institution.

16.   CWC has not made any specific  direction  about problem of run-away children from KISS tribal school.  Because ,  despite  notice issued  by  Child Welfare Committee to  the KISS authority to appear and explain about the reasons of runaway and non-reporting about the fact to the police,  the authority of KISS never cares to appear.

Story  does not end  here. Myself  and Subas Mohapatra  will  go for follow up  and monitor  how CWC order was  complied  by KISS Authrity  through use of RTI  and expose true character of Achyut Samant.

Pradip Pradhan
M-9937843482
Date- 24.8.17

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