BPL people can entertain RTI free of cost

Though delayed, after protracted battle with corrupt Odisha bureaucracy  and inefficient, lethargic and law-ignorant Odisha  Information Commission, 

RTI Activists achieved outstanding victory in ensuring justice to people below poverty line (BPL)

Tall claim of Nabin Patnaik Govt as Champion of poor is proved false and sheer deception.

Though  the BPL people  are  entitled  to get  information free of cost under  section 7 (5)  of the RTI Act, the State Government  continues  to deny  the information free of cost  since last 10 years.

Decade-long Rally, Dharana, demonstration of the RTI Activists demanding to enforce section 7(5) of the RTI Act did not yield any result. The corrupt bureaucracy remained adamant to do all illegality to harass BPL people by depriving them of their legitimate right to get the information free of cost.

Astonishingly, Odisha Information  Commission (represented by  Sri D.N. Padhi, former Odisha Chief Information Commissioner, Sri Jagadanand, former  State Information Commissioner, Prof. Radhamohan, Former Information Commissioner, Sri Tarun Kanti Mishra, former Chief Information Commissioner ) whose mandate is to protect law  was found establishing  unholy alliance with corrupt bureaucracy  and behaved as dreaded criminals to subvert  RTI   and giving illegal  direction  to  the   PIOs  to collect fees for information from the BPL people and deprived  crores of BPL people of their legitimate right. The illegal direction of the Commission was challenged by RTI Activists in High Court.

• Exploring ways and means in order to provide justice to the BPL-RTI-Applicants, RTI Activists knocked at the door of Judiciary not once but twice seeking direction to State Government to comply section 7(5) of the RTI Act.
• In June, 2015, The Hon’ble Odisha High Court finally gave the direction to State Govt.  to issue  Gazette notification to provide information to the BPL people free of cost.
• At last, the State Govt.  was forced  to issue  Notification  to  provide  information the BPL people free of cost.
• Now, the BPL-RTI-Applicants are entitled to get the information amounting thousands of rupees free of cost.
• We the RTI Activists  will remain alert not only enforcing and monitoring it but exposing anti-RTI character of Odisha Govt.  and Odisha Information Commission in the days to come.   

Right to Information Act  which came into force  on 12th October, 2005  has  mandate  to enforce a transparent  and accountable  governance system in the  country  and  giving right to the Citizens to access the information held  by the Public Authorities.  As per section 7 (5) of the Act, the BPL people are required not to pay any kind of fee i.e., fee for application {section 6 (1) }, fee for  information {section-7(1)}, fee for information in electronic format {section 7(5)}. But  while framing the Rules  i.e,  Odisha RTI Rules, 2005, the State Government  made a provision ( Rule-4) of only making application fee for BPL people free of cost while allowing other  fees  like fee for information to be  collected  from them. Though the law is  supreme, but  the State  Govt. gave the direction to the officials  to implement the law  following  the  illegal provisions of  Odisha  RTI Rules.  This arrangement made by the State Govt.   gave unbridled power to the PIO  to collect the fees  from BPL people for information.  

Though it  was illegal, the Odisha Information Commission  joined  hand with State bureaucracy  and  endorsed and ensured   this illegality  by  giving  direction to the PIOs  to collect  from BPL people the fees for  information. Sri D.N.Padhi who is  a corrupt bureaucrat  and joined  as First Odisha Chief Information Commissioner , while adjudicating Complaint Case 11 and 12/2006  directed  the BPL people  to pay the fees  for information violating section 7(5) of the RTI Act.   It was vehemently opposed by RTI Activists. The Information Commission was publicly condemned for their act of illegality.  As Sri D.N. Padhi is man of shrewd character, he, while hearing Complaint cases directed the BPL people to pay the fees for information but did not mention it in proceeding of the case. Under pressure from RTI Activists, the Commission made a recommendation to State Govt.  on 16.11.2007 to  provide  BPL people  information of 75 pages (Rs. 150.00) free of cost. But the State Govt. did not give any importance to this recommendation and  continued with their mandate  to  collect the fees from BPL people.

Campaign of RTI Activists continued   and exposing anti-BPL mindset of Odisha Information Commission and State Government. In May, 2013, Sri Jagadanandi Mohanty, then State Information Commissioner while addressing a  Workshop on RTI  in  Collectorate Conference Hall, Malkangiri  spoke about  misuse of RTI by non-BPL people  who are seeking  information  in the name of the BPL people  to get the information free of cost. A lot of complaints in connection of this issue have come to the notice of the Commission.  Sri Tapan Padhi, prominent RTI Activist who was present there, then filed an RTI Application to the office of Odisha Information Commission seeking information about details of Complaint Cases filed about misuse of RTI quoting statement of Sri Jagadanand. In response to RTI Application,  the PIO said that  there was no such information available  in the Commission. The dangerous character of Sri Jagadanand to satisfy all illegalities of the State Government and spreading misleading information in public domain was found true.

Campaign of RTI Activists took a turn, when Sri Tarun Kanti Mishra, then State Chief Information Commissioner while adjudicating a Complaint case No. 2028/11 gave direction to Sri Kunja Bikari Patra, BPL-Applicant and RTI Activist of Nayagarh district to pay the fees for information, though he pleaded to get the information free of cost under section 7 (5) of the RTI Act. The direction of the Commission was challenged by Sri Kunja Bihari Patra  in Odisha High Court. While  disposing the case (W.P.C. No.- 4797/13) on 3.7.13, the High Court quashed  the decision of the Commission as illegal  and directed the PIO to provide the information free of cost  in observance of section 7 (5) of the RTI Act.

This is one step achievement of RTI Activists to provide justice  to the BPL people.  This judgement was highlighted, largely circulated and demanded to all the Public Authorities to provide information to the BPL people free of cost. Being pressurised by the RTI Activists, the Odisha Information Commission made a direction to the State Govt. on 31.3.14 to issue notification  observing direction of Odisha High Court.

The corrupt bureaucracy remained adamant and continued to collect the fees from BPL people. Then, Sri Dhoba Sahu, BPL-Applicant and RTI Activist of Kalahandi district  who was denied the information free of cost , filed  a  Writ Petition No. 135/15 in Odisha High Court seeking direction to State Govt. to provide all BPL people the information free of cost. On 23.7.15, the High Court  gave the direction  to  State Govt. to  Comply  section  7 (5) of the RTI Act.  On 21.9.15, the State Govt. has finally issued notification  to  all the Public Authorities to provide the BPL people information free of cost.

Our legal battle for withdrawal of compulsory RTI Application, illegal provision of  submission of proof of Citizenship at the time of submitting RTI Application, providing copy of the decisions of the  Commission in Odia language is still going  on  and the case pending in Odisha High Court.

Pradip Pradhan, State Convener

Odisha Soochana Adhikar Abhijan

M-9937843482

Date- 20.10.15 

Loss of livelihood of woman vendors due to Odisha Govt action

Right to Food Campaign, Odisha

Plot No- 393/2035, 2^nd Floor, Padmavati Vihar, Post- Sailashree Vihar, Bhubaneswar, Odisha

E-mail-foodrightsodisha@gmail.com,

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Ref. No- RTF/ 71/15                                                               Date:  11.10.15

To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block- “C”

GPO Complex, INA, New Delhi-110023

Sub- Complaint on “loss of livelihood  of woman vendors  due  to forcibly destruction of Vending Zone located at Science Park of Bhubaneswar by the officials of Bhubaneswar  Municipal  Corporation  and Police  .    

Sir

I Sri Pradip Pradhan, State Convener, Right to Food Campaign, Odisha bring to the kind notice of the commission the following matter seeking for immediate intervention and necessary action. 

That, in May, 2015, a Woman Vending Zone, first of its kind in Odisha was set up by the State Government at Science Park, Acharya Vihar and 67 woman vendors were allotted shop in the said Zone. The objective of this programme was to empower the woman to manage themselves independently being self-employed and ensure their livelihood. It was inaugurated with much fanfare by the Mayor, BMC in presence of Local MLA and Corporators. The Woman Vendors had borrowed money from their relatives and money lenders and invested in the shop.

While  the woman vendors had been  to attend  a  rally  organized  by Biju Janata Dal, party  in power  addressed  by Chief Minister, Odisha,  the officials of BMC and  Police  undertook eviction drive  and destroyed  all the shops  without  any prior notice to them.  However, getting the information from reliable sources, the woman vendors reached in the spot and opposed the drive and appealed the police with folded hand and tears not to destroy their shops.  The police did not respond them rather continued to destroy it.  Now their source of livelihood has been lost. They have been improvised ad hopeless. 

Violation

Right to life and livelihood is the fundamental right of the   citizen under Indian constitution. The State Govt. is duty-bound to provide employment and ensure livelihood to the people. While hearing a petition of Maharashtra Ekta Hawkers Union vs Greater Mumbai Municipal Corporation, the Supreme Court had given direction on dated 9.9.13 to all State Government and Central Government not to evict Street Vendors without ensuring alternate livelihood to them.  Keeping it in view, the Central Government enacted the Street Vendors’ Protection of Livelihood & Regulation of Street Vending Act, 2014 to protect the interest of the vendors.  As per section 3 of the said Act, the State Government is required to arrange alternate livelihood prior to evict the vendors or destroying vending zone. But here the State Government has destroyed the vending zone by violating   the direction of Supreme Court and   the Central Act.   

Prayer

In this Context, I request the Commission to make an inquiry into the matter and issue the following direction to the State Govt. in order to ensure livelihood of vendors and their effective rehabilitation.

A.   Issue direction to State Government to make an enquiry into arbitrary and illegal act of the police and officials of BMC to destroy vending Zone and take action against the officials responsible for it.

B.   Issue direction to the State Govt. to immediately provide them alternate vending zone or source of livelihood or rehabilitate them  in same place.

C.   Issue direction to the State Govt.   not to evict the vendors  further  without ensuring  alternate  livelihood as per direction of the Supreme Court.

D.   Direct the State Government to provide compensation of Rs. 2 lakh each  to all 67 woman vendors  for the loss  due to destruction of their  vending zone which was only source of livelihood.

E.    Issue direction, as the commission deems fit to ensure complete  livelihood  to all the woman vendors.

Thanking you

Yours sincerely

Pradip Pradhan, M-99378-43482 

(Original post to NHRC contains all news clippings)

Starvation Death of an old Man in Bhubaneswar

Right to Food Campaign, Odisha

Plot No- 393/2035, 2^nd Floor, Padmavati Vihar, Post- Sailashree Vihar, Bhubaneswar, Odisha

E-mail-foodrightsodisha@gmail.com,

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Ref. No- RTF/ 70/15                                                                                       Date 10.10.15

 To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block- “C”

GPO Complex, INA, New Delhi-110023

Sub- Complaint on “Starvation death of an old man in Bhubaneswar under Bhubaneswar Municipal Corporation, capital  of Odisha due to negligence of State Administration.    

Sir

I Sri Pradip Pradhan, State Convener, Right to Food Campaign, Odisha bring to the kind notice of the commission the following matter seeking for immediate intervention and necessary action. 

That on 9.10.15, news under caption “Starvation Death of an Old Man in Bhubaneswar has been published in the Sambad, daily newspaper. An old man was found died under a tree on roadside connecting from Vanivihar to Master Canteen of Bhubaneswar. The petitioner had visited the spot and enquired about it. 

Fact

On 8^th October, 2015, the pedestrians came across an old man lying along the roadside of Bhubaneswar town.  After an enquiry, it was found the old man dead. The old man was begging in the street to feed his hungry belly. Few days back, he suffered from disease and could not move and fell under a tree. Finding no food, he died of hunger. The police took up the dead body and sent for post-mortem.  

Violation

Right to life is the fundamental right of the citizen under Indian constitution. The State Govt. is duty-bound to protect their life. Keeping it in view, the Central Govt. and State Govt. have undertaken numerous food security programme to ensure food security of the poor, destitute and vulnerable families. The starvation death of an old man is due to callous and indifferent attitude of the state Govt. In 2010, hearing Writ Petition Case No. 196/2001, the Supreme Court have expressed grave concern at the plight of urban destitute and  given direction to all State Govt. to provide night shelter  to the  homeless, destitute people  of urban areas and  to  take steps for their rehabilitation. Though five years passed, the state has been able to open only two night shelter in Bhubaneswar.  These two night shelters are inaccessable and badly managed for which   the homeless people are see not going to stay there.  Night shelters are yet to be constructed in other urban areas like Cuttak, Puri and Rourkela which has been exposed through RTI. Secondly, the State Govt. has not undertaken any survey to identify the beggar, homeless, nomads and destitute in urban areas. The Government does not have statistics about total number of Homeless and destitute persons in different urban areas. Thirdly, since last one year, the State Government has been undertaking survey to identify the eligible household in order to provide foodgrains under National Food Security Act, 2013. But it was found through our survey that the destitute, homeless and nomads have not been covered under the survey made under the said Act.  So, in spite of multiple programme being implemented to ensure food security of the poor in Odisha, it has not reached  to the destitute and homeless  who are found  more vulnerable  and succumbed  to hunger  and malnutrition leading to suffering from disease  and death. There is also no mechanism of the State Govt.  to   monitor  the  situation of the homeless and destitute in  urban areas.  In the absence of institutional mechanism for their protection, they continue to suffer and survive at the mercy of god.

Prayer

In this Context, I request the Commission to make an inquiry into the matter and issue the following direction to the State Govt. in order to ensure food security and effective rehabilitation of these extreme vulnerable people of urban areas in Odisha.  

A.   Issue direction to State Government to make an enquiry into details of causes leading to suffering and death of an old man in Bhubaneswar.     

B.   Issue direction to the State Govt. to undertake survey to identify the homeless, beggar, and destitute and prepare their list and include them as eligible household under National Food Security Act.  

C.   Issue direction to the State Govt.  put in place the robust  institutional mechanism to monitor the condition of Homeless, destitute, mobile  health team  to provide treatment to them and  a Telephone Number  for information to be made by public about  the plight of the destitute.  

D.   Issue direction, as the commission deems fit to ensure complete food security to all the vulnerable families in urban areas..

Thanking you

Yours sincerely

Pradip Pradhan

M-99378-43482

(Original post to NHRC contains news clippings)

Report on Rehabilitation of Khadia Primitive Tribe

Fact-finding Report on Rehabilitation of Khadia Primitive Tribal Groups after relocation from Similipal Tiger Reserve Area of Mayurbhanj district, Odisha

The Similipal sanctuary was declared on 6^th August 1980s having 303 Sq km area and later on more 547.70 sq km area was added to it in June 1986. On 4th December 1973 the Similipal Sanctuary was declared as Tiger reserve under ‘Project Tiger’ Scheme of Government of India. But  It was conferred with tiger reserve status as per provisions of Section 38V of Wildlife (Conservation) Act, 1972 vide notification no. 8F(T)-9/2007/20801/ F&E dt.31st December, 2007 by Forest & Environment Department, Govt. of Orissa. As per the notification , the critical tiger Habitat of  Similipal Tiger spread over an area of 2750 km including 1194.75 km core area and 1555.25 km²buffer area.In the year 1994 the Similipal Sanctuary was declared as Biosphere.

There are 65 villages situated inside the Sanctuary area of which 61 villages are in the buffer area and rest 4 villages are in core area. There are 3 GPs inside Similipal, viz. Gudugudia, Barheipani and Astakumar. The villages inside the core area of the Sanctuary are Bakua, Jenabil, Kabatghai and Jamunagarh. The wildlife authority has been rehabilitating the community people from last 1996. In the year 1996, for the first time, 11 khadia tribal families and  30 tribal families of Kabatghai village were rehabilitated in the village Banabasa near Kaanda of the Jassipur Block of the Mayurbhaja district.  In April, 2010 again 52 families of Jenabil village were rehabilitated in   Ambadiha village in second phage. In the third phage, in Dec, 2013, people living in the village Bahaghara and UaraBarakamunda located in the core area of STR were rehabilitated at village AsanKudar of the Thakurmunda Block. Very recently again 35 families from the village Jamunagah have been rehabilitated in Nabara village in Udala Tahasil on 9^th Sept. 2015.

While no rights under FRA were settled of those relocated before 2014, one Individual forest rights titles and CFR rights in both annexure III and IV have been issued over 3981.44 acres of forest land to Jamunagarh village before relocation.

In all the relocation done While the relocated families wanted second option for relocation (cultivable land against relocation), the district administration insisted and compelled them to choose 1st option of ten lakh rupees.

Similipal Bio-sphere regionis the abode of a number of Primitive Tribal Groups (PTG) like Mankadia, Khadia etc. From time immemorial, their life, livelihood, culture, religious belief evolves around forest. But the declaration of Similipal Tiger core reserve area by the Govt. posed serious challenge to  their  existence  and survival in this region.  In the name  of  conservation of  forest  and  protection of tiger, the Forest Officials imposed  a number of restrictions on their  free movement ,  collection of  Non-Timber Forest Products, rearing  of  domestic animals  with intention to drive  them out  from  that area. Finding their close proximity with forest and love for nature,   the Forest Department decided to relocate   tribals from core area and rehabilitate in some other places.

 As first step in this direction, total number of 34 families of Khadia PTG  of Barakamuda and  Bahaghara village  residing  in core area of  Similipal  Bio-sphere  were  relocated  and rehabilitated  in  Asankudar village which comes under Hatigada  Gram Panchayat of Thakurmunda block of Mayurbhanj district in December 2013. The Mass Media  has  reported the  tall  claim of District  Collector the said rehabilitation  as Model one  in  Odisha and covered  positive news  presenting  details of rehabilitation package for the tribals  and sustainable livelihood ensured  to them.

 Right to Food Campaign, Odisha, a Network working on food security issues of the poor, vulnerable section of the society   decided to  visit the said village  to  see the genuineness of  claim  of Collector , socio-economic condition of the tribals, their vulnerability, standard of living,  Govt. support , their access to food  under various food security programme etc.  The members of the Campaign  are  also aware  about  opposition by  Civil Rights Activists  about  this  relocation  of tribals  from their hinterland.

 2.      Visit of the Team

 A 3-member  Team  consisting  of PradipPradhan, State Convener, Right to Food  Campaign, Odisha, Sri Sachikant Pradhan,  Social activist and  Sri  Dhaneswar Mohanta, Para legal Volunteer  visited Asankudar  village  on 26.9.15.The  village  is located  in hill top  surrounded  by forest. The said is about 10 kms from Thakurmunda Block Headquarter, 40 kms from Karanjia sub-divisional headquarter and 110 km from District headquarter.  A small Cement Concrete road leads to this village. The Team reached at 12 o’clock and found   few people   moving hither and thither.  However, within few minutes the villagers gathered and   the Team members appraised the people about the purpose of the visit.

 After self-introduction,   two villagers Bhagaban Dehuri, Phagunia Dehuri and Basanti Singha,  Anganwadi Worker responded  the queries, while  others stood  contributing to the  discussion  occasionally. The excerpts of the discussion with the tribals are as follows.

  The Forest Department relocated total number of 34  tribal  families  ( 126 family members)  from Similipal  reserve forest in  December 2013  and  brought them  in a truck  with their bag and baggage  except  goat to  Asankudar  village.   They werekept in polythene tented temporary shelter for months together whichare stillvisible in the village.  Then the District Administration allotted each family house underIndira  Awas Yojana.   A Contractor was engaged to construct the house which was allotted to them just 8 to 10 months back.

On query about anyland allotted to them,  the  villagers said  and showed that  each family  had been allotted homestead Patta  land measuring o.10 dcml.  While verifying onepatta issued by Tahasildar, Thakurmunda, it was found that a piece of land of 0.10 dcml. bearing plot no. 649 of Khata No. 124   ( VLC case No. 1099/2012) has been deducted  and the said land  cannot be transferred  within 10 years  without  permission of Govt.

 Each family has also been   given a cheque of Rs. 10 lakh as rehabilitation package. The said amount has been deposited in their   Bank account opened in Bank of India, Thakurmunda Branch. The Team members inspected their Bank  Pass Book  and found that many family  have  made  fixed deposit of Rs. 8.50 lakh  or Rs. 7.50  lakh  in their account and  surviving  with the interest amount  drawn from the Bank ( around Rs. 4,000.00 to Rs. 5,000.00 per month).   It  was also reported  by the  villagers  that  two tribal woman  Rukuni Dehuri  and  Mukta Dehuri  have not got  Rs. 10 lakh  till yet  and battling  to survive without any avenues.

 3.      Status of food Security Programme

 A.     Antodaya Anna Yojana

Each family is being given 35 kg of rice under Antodaya Anna Yojana.  But it was also found that five   villagers like NarsinghDehuri, BhanuDehuri, KauDehuri,  MahiramDehuri and PadanaDehuri  are yet to get rice  under  this scheme.  Though they have approached the authority several times, no step has been taken in this regard. It is worth to mention here that  the Supreme  Court  has given direction  to all the state  Govt. to  provide  35 kg of rice to all Primitive Tribal Communities while hearing  the case ( W.P.C. 196/2001).  The deprivation of the five families to get rice under AAY is the violation of Supreme   Court direction.

 B.      Distribution of Kerosene under PDS

Each family is entitled to get 4 litre of kerosene under Public Distribution System. But it was found that the dealer has not provided   kerosene since last 3 months.   However only 3 litre of kerosene is provided to them   per month.

 C.      NREGA

All the villagers reported to the team that they have not got any work under NREGA since last one year.

 D.     ICDS programme

One Aganwadi   Centre has been opened inthe village. Smt. BasantiSingha, a tribal has been appointed as Anganwadi Worker. She was found quite active and managing centre well and giving morningsnacks andmeal tothe children.  During discussion, the Pregnant and lactating woman expressed their satisfaction of getting two packets of Chhatua and 8eggs every month.  The Team did not find any complaint against her. Butthe Anganwadi Worker reported of 4 numbers of children being suffered from malnutrition.   They are RaibariDehuri ( one year 10 months old ),  PadminiDehuri ( 2 years and 4 months old ) etc.  On query about these children not being referred to Hospital or Nutrition Rehabilitation Centre (NRC), she said that despite her persuasion, the parents did not take their children for treatment. The Team  inspected the building of AWC which is under construction.  But  the room  of the building is very small  which is  not as per the plan of the   design  of the building given  by  Department  of Women  and Child Development, Govt. of Odisha.   The Team members also met Project Administrator, ITDA, Karanjia  at his residence and appraised him  about  the  building requested him to take necessary step  in this regard.

4.      Source of livelihood

No family has been allotted a single land by the District Administration for agriculture.  The Tribal are also asked   by the Forest Dept not  to enter  forest  to collect  Jhuna  and honey  which  is  considered  as source of their  livelihood.  No employment programme has been undertaken to provide employment to the tribal in their village. The District Administration has not given any loan to the villagers for goat rearing   or any kind of employment generating activity.

 But still they are surviving.  35 kg rice under AAY and   interest money of Rs. 4,000.00 to Rs. 5,000.00 obtained from fixed Bank deposit constitutes their source of livelihood.  Though they have taken lease of land for agriculture from other people, it does not   give them much benefit.  It was found that they are just surviving from hand to mouth.

 Other problems

A.      Sanitation is very bad in the village.

B.       Each villager consumes liquor which was noticed during interaction with the villagers

 Concerns and Recommendations

1.    The Team   does not agree with   the claim of the Collector, Mayurbhanj as Model rehabilitation of Tribals in Odisha.  The homestead land measuring 0.10 dcml. allotted to each family has not been demarcated  by Tahasildar. The tribals are seen still unaware which portion of land is under their subjugation.  So, the Tahasildar, Thakurmuda should take prompt action to demarcate and identify the land and had over it to them accordingly.

2.      The District Administration has failed to provide   rice to five families under Antodaya Anna Yojana which is the violation of directives of Supreme Court.  So it is recommended that the District Collector should visit the village immediately and enquire into the allegation and distribute AAY card immediately.

3.    Agriculture is considered as major source of livelihood of the tribals in the present day. But the Govt. Has not given a single acre of agricultural land to the tribals.  How long the tribal will survive on interest amount and rice under AAY.  Is it a standard livelihood package of Govt. that a tribal will live with dignity as guaranteed under Article 21 of the Constitution. So the team recommends to the Govt.  to provide at least 5 Acres of agricultural land to each household.

4.    The building under construction for Anganwadi Centre is substandard and not suitable for the children.  The District Collector should depute technical expert to enquire into it and take action accordingly. So that it can be a Model Centre for all.

5.    Though NREGA is enacted to provide employment to Rural Household, it  is not being implemented  in this village since last two years.  The State Govt. Should organise awareness programme on NREGA and undertake NREGA work to provide employment to the poor tribals.

6.     It  was also reported  by the  villagers  that  two tribal woman  Rukuni Dehuri  and  Mukta Dehuri  have not got  Rs. 10 lakh  till yet  and battling  to survive without any avenues. So the amount which is for these two women should be provided immediately.

7.  As these families got the entitlement of community forest rights but the forest Dept. restricted them to collect Minor Forest Produces.

Report prepared by

Pradip Pradhan, State Convener, Right to Food Campaign, Odisha

M-9937843482

Plight of a physically handicapped RTI Activist

Plight of a physically handicapped RTI Activist of Odisha who was mercilessly brutalised and is now under hospitalization in Orthopedic Ward of SCB Hospital at Cuttack - A Report

The RTI Act was enacted in 2005 with a mandate to contain corruption and enforce transparency and accountability in the administration of the country. Since beginning, it has been proved as the biggest ever weapon in the hands of RTI Activists and RTI Users to fight out corruption and irregularities in functioning of Government and to bring about transparency and accountability in the implementation of its schemes and programmes. Due to their relentless bravery in such fight against corruption, the RTI Activists have also been targeted by the vested interest groups in nexus with corrupt officials. There have been umpteen instances where they have been mercilessly attacked, implicated in false cases, physically beaten up and even murdered. 

Within 10 years implementation of the RTI Act in Odisha, two RTI  Activists  Ganesh Prasad Panda of Berhampur  in Ganjam district  and Krupasindhu Sahu  of  Niali in Cuttack  district were murdered in December 2014 and January 2015 respectively. Besides, a good number  of RTI Activists  ( more than 30 )  were physically attacked, tortured, manhandled  and beaten up at the instance of the vested interest  groups using the anti-social elements supari goons, alone  in Odisha. Moreover, quite many cases go unreported due to indigent condition of the victims, unresponsiveness of the police-administration and apathy of media persons. In absence of any police action and genuine investigation into such cases of victimization and   also in absence of any robust mechanism  for protection of  RTI Activists, attack on anti-corruption RTI Activists in Odisha is rising  day by day. Despite all this it is also true that more and more activists are coming forward spontaneously to fight against corruption by using the RTI tool. 

The latest attack has been perpetrated against a committed anti-corruption RTI activist Sri  Keshab Mahakud, a middle-aged, physically handicapped man (one limb is lost) belonging to Kashikiari  village in Nayagarh district of Odisha. He fell a victim  of  conspiracy by a nexus of unscrupulous politicians, corrupt officials of police and administration at district level and anti-social elements, for his  constant  endeavour to use RTI to expose their  illegal and ant-people activities. On 22.9.15, on his way to Bus stand, a gang of 6 hooligans  (Baru Parida, Kahnei Nayak, Nibasi Parida, Nalu Parida, Bharat Nayak, Ashok Nayak ) attacked  him and mercilessly  hit  him with lethal weapons including an iron rod damaging  his two legs and one hand permanently. All the crucial documents such as  his voter ID card and BPL Card were snatched  away by the miscreants. As a result of multiple bruises and profuse bleeding caused by this sudden but pre-meditated attack, Sri Mahakud fell unconscious and the goons abandoned him on the spot. However, after getting telephone call from some unknown source , the police staff  of Mahipur Police Outpost rescued him and sent him to Nayagarh   Hospital for treatment, where from he was again transferred  to the Capital Hospital, Bhubaneswar, and finally from there to the S.C.B. Medical College and Hospital, Cuttack where he is now struggling for normalcy in Bed No. 315 of Orthopedic Ward, with his wife at his bedside.

Being briefed from media sources, a team of social  activists Sri Pradip Pradhan, Sri Rohan Mohanty, Sri Soumya Ranjan Pradhan and Sri Pratap Sahu visited  the SCB Hospital Cuttack on 29^th  Sept. 2015   to meet the victim Sri Mahakud. They expressed their solidarity with his noble cause  and assured to  take up the  issue of attack on him  with  different authorities at Central and State levels, so as to provide him justice. 

It is worth mentioning here that though Sri Mahakud was ceaselessly engaged in fight against corruption at district level using the RTI as a tool over the years, he was little known to the RTI activist groups operating at State level. As such the members of the visiting team were unaware about his activities. But, on a rapid enquiry into media reports along with information from local sources, the team members got to know the train of facts and circumstances leading to the latest attack on him coupled with various episodes of the past in which he was subject to attack by the goons employed by vested interest groups in connivance of the police and administration and also to false cases instituted by the police resulting in his arrest and imprisonment.    

The excerpts from the interview with victim Sri Kesab Mahakud on harassment, torture, false cases by  the police against him-

1.On 14.12.14, Sri Mahakud  had filed RTI Application to the PIO, office of DFO, Wildlife, Nayagarh seeking   information about total number of deer in Kuanria Deer Park, Dasapalla and total expenditure made for maintenance of the Park etc. On 1.1.2015, on the occasion of observation  of New Year Day,  a feast with deer meat  was organised  at Forest Bungalow near  Kuanria Dam  in  Dasapalla  in the presence of Sri Arun sahu, Minister  of State  for Law, Govt. of Odisha, Sri L.N. Behera DFO  Wildlife,  Sri P.K. Mandhata ACF, Sri  Rabi Kar Ranger  and some others.  The Deer used for the feast was brought t from the nearest Kuanria Deer Park.  Sri Keshab Mahakund was called by the Ranger to that Forest Bugalow for a discussion about the  information to be supplied  to him. After reaching there, he noticed two forest guards preparing the deer meat   to be served to the invitees. He took a photograph of it and ran away. However, a forest guard had noticed it. He informed to the Ranger about it. Sri Rabi Kar, Ranger immediately rushed to capture Sri Keshab Mahakud and nabbed him at Sariganda village. He took away the mobile phone of Keshab and severely beat him  up. As he is a physically handicapped person, he could not resist him.   However, on the same day, Keshab  sought to file an FIR in Dasapalla Police Station. As the police did not register his FIR, he sent a complaint petition to the Chief Minister and as well to the Governor, Odisha seeking justice.

2. Finding no justice from any quarters, he    sat on Dharana in front of Odisha Legislative Assembly on 12.2.15 demanding action against the police and enquiry into the deer feast.  Sri Tapan Patnaik, ACP, Capital Police Station persuaded him to go to the police station to sort out his grievance. However, on reaching there  he was locked up in the police station and handed over to Sri Abhimanyu Nayak Sub-Divisional Police Officer (SDPO) Nayagarh and to the Inspector In-Charge, Itamati Police Station (90 kms from Bhubaneswar)   who were   specially called for it.  Sri Nayak carried him to the Itamati   Police Station, framed false charges against him and sent him to jail on the next day.  He spent 6 days each in Nayagarh Jail and Choudwar jail and got free after the lower court granted him bail. He was released from jail on 28.2.15.

3. After being released  from the jail,  he wrote a letter to  Crime Branch, Odisha  seeking  enquiry  into  the  police atrocity perpetrated against  him  demanding action  against  SDPO, Nayagarh, SDPO,  Sharanakula, and Sri Manoranjan  Mohanty,  Superintendent of Police, Nayagarh.

4.  Besides Sri Mahakud   was also engaged in exposing the corruption and malpractice of the police and their nexus with the criminals by way of using RTI.  On 8.5.15,     a gang of dacoits along with  driver  murdered  the owner  of the vehicle carrying  liquor loaded  Truck inside Panchupandab  Forest and sold the liquor to  liquor shop owners. On 22.5.15, Sri Abhimanyu Nayak, SDPO, Nayagarh along with police staff arrested the dacoits and the driver   and seized liquor from the shop owners.  But the police did not take any step against the liquor shop owners taking huge bribe from the latter and released them from the police station itself. On 20.6.15, Sri Abhimanyu Nayak, SDPO, Nayagarh and Inspector-In-Charge, Nuagaon seized 25 kg of Ganja each from Bipra Parida and Manu Nayak of Sikrida village and later on released them by taking huge bribe from them. Similarly, the same team of SDPO and the IIC seized a Pick-up Van carrying 6 quintals of Ganja on 14.8.15 and later on released the dacoits without taking any action. Sri Mahakud made query and filed a complaint against the SDPO and IIC, Nayagarh before  the Superintendent of Police, Nayagarh who however remained silent. Keshab  also submitted an RTI application seeking information about the details of quantity of Ganja seized and action taken by the police and status on the  arrest of the criminals involved.

5.  In his  fight  to expose  the nexus of the police with the  criminal gangs, Keshab  gave a notice  to sit on Dharana  in front of  Odisha Assembly  on 25.8.15 demanding  enquiry  and action against the  police officers of Nayagarh district.   On 22.8.15, Sri Abhimayu Nayak, SDPO, Nayagarh called him at 9 PM to his residence and offered him Rs. 40,000/-   for withdrawal of the proposed Dharana. Keshab refused to receive it and left the place.  When he was on his way to Bhubaneswar, the SDPO, Nayagarh sent five hooligans who obstructed him and by showing revolver asked him to sign a plain paper.  When he refused, they beat him black and blue. When he shouted, the people gathered and the armed goons left the place. He immediately filed an FIR in Bolagarh Police Station. The police registered his case   (Case No. 136/2015) under Sections 341/323/506/34 of IPC and Section 25 of Arms Act.  On 23.8.15, he received a Copy of FIR from Bolagarh police station and prepared himself to travel to Bhubaneswar in connexion with the proposed Dharana on 25.8.15. On the same day the same SDPO showed an allegation of atrocity case filed against him and arrested him on the way. He kept his two-wheeler vehicle in Bolagada Police Station. He was produced in the court and sent to Jail on 23.8.2015 itself. He was released on 3.9.15 and went to Bolagada police station to bring back his vehicle. Reaching there, he came to know that the vehicle  had been taken away by the SDPO, Nayagarh. He then went to the SDPO, Nayagarh  to get  back the vehicle. Whe he reached there, the SDPO again beat him  up and took his mobile.  After returning from the police station, he went to meet the SP, Nayagarh on 7.9.15 to file a complaint against the SDPO, Nayagarh.    On his way, he was again kidnapped   by a group of hooligans (Ashok Nayak, Baru Parida, Kanhei Nayak and Bhimasen Nayak) to Manibandh Cashew Jungle  and  beaten up there severely. As he shouted, the boys watching the cows came to his rescue. The hooligans left the place and the police staffs of Begunia Police Station rescued  him. Though he filed an FIR , the Begunia Police refused to receive it. He returned to his home disappointed.

On 22.9.15, when he was on his way to Nuagaon Police Station to know the status of his case filed earlier, he was held up by a gang of miscreants and taken to a field where he was attacked and mercilessly beaten up with lethal weapons. His leg and hand were broken and he was left unconscious. He was rescued by police staffs of Mahipur Police Outpost and admitted in Nayagarh District hospital. Then he was referred to the Capital Hospital and finally admitted in S. C.B. Medical College and Hospital, Cuttack for treatment. His son has filed an FIR in Nuagaon Police station on the same day on 22.9.15 against Sri Bhima Nayak, Sri Nalu Parida, Sri Bijay Parida, Sri Baru Parida, Sri Kanhei Nayak and Sri Ashok Nayak. His case has been registered under Sections 341/323/325/307/379/34 of IPC.  Though one week has passed since then, the police has not arrested the culprits.

Observations of the Visiting Team

Sri Mahakud  has thus been a victim of criminal –police nexus and suffered due to  his constant fight against  corruption in general and corrupt police officials in particular by using RTI as a tool. He is now battling for recovery, but    his condition is very critical. As his BPL card has been taken away by the miscreants, he is not able to avail the free provisions of the Hospital. His wife is the only person attending him at is bedside. His bed no. Is 315 in Orthopedic Ward of SCB Medical College and Hospital Cuttack. The interested persons may meet him and extend financial assistance for his treatment expenses and as well solidarity with the cause for which he has suffered so much.      

Besides, the case of brutal attack on Sri Mahakud being a frontal challenge to RTI activism and anti-corruption campaign in the State, there is an imperative need for all the RTI users and anti-corruption activists to get together in a single civil society platform to raise their united voice of protest against such attacks.    

Our Demands -

• An indepth enquiry into the facts and circumstances including the police-goons nexus, behind the brutal attack on anti-corruption activist and RTI user Sri Keshab Mahakud;
•  Arrest and action against the culprits responsible for the brutal attack on Sri Keshab Mahakud, basing upon the FIR lodged in this behalf;
•  Adequate compensation by the State Government to Sri Keshab Mahakud, an anti-corruption activist and RTI user, who has been subject to brutal attack by the goons in connivance of the police;
• Free medical treatment to survivor victim Sri Keshab Mahakud, who is now undergoing treatment in Orthopedic Ward of SCB Medical College and Hospital Cuttack;
• Setting up a Protection Cell in the office of DGP Odisha for prompt intervention in any incident of attack on anti-corruption activists and RTI users for rescuing them and nabbing the culprits, and maintenance of a Help Desk in every Police Station for the similar kind of intervention at local level; and
• Odisha Information Commission to take suo motu cognizance of the attack on RTI user and anti-corruption activist Sri Keshab Mahakud and recommend to the concerned public authorities the needful measures to be taken for amending their objectionable pattern of behaviour towards an RTI user like Sri Mahakud.       

Report prepared by

Pradip Pradhan

RTI Activist and State Convener, Odisha Soochana Adhikar Abhijan

M- 9937843482