Dismal performance of Odisha Child Rights Commission

Public Monitoring on “Functioning of OSCPCR” through RTI

OSCPCR ( Odisha State  Commission for Protection of Child Rights )  suffers  from lack of transparency in terms of appointment  and disclosure of information about its  functioning  and dismal performance in terms of disposal of cases ( exposed  under RTI )

Dear friends

Odisha State Commission for Protection of Child Right s (OSCPCR) was established in November 2010 under the Commission for Protection of Child Rights Act 2005. The Act provides for speedy trial of offences against children or of violation of child rights by the   Commission.

To understand functioning of OSCPCR, multiple RTI Applications were filed to the PIOs, Department of  Women and Child Development, Govt. of Odisha  and office of OSCPCR  seeking  information about appointment of Chairman, procedure  followed for appointment, disposal of cases  by  Chairman  and each Member of the  Commission and compliance of section 4 (1b) of the RTI Act. The response of the PIO of OSCPCR is evasive,  the information is incomplete and misleading. Though 3 months passed, the PIO precariously failed  to  provide  complete information. It is also very disturbing to note that though 12 years have passed since implementation of RTI Act in the state, OSCPCR is yet to make sou moto disclosure of information under section 4(1)(b) (c)(d)  of the RTI Act. Please visit the link of website of OSCPCR for reference http://www.oscpcr.nic.in/?q=node/180.  The only  information provided voluntarily in the website  against 17 types of  suo moto disclosure  which is mandatory on the part of every public authority  is  as follows.

RTI ACT 2005

Appellate authority under RTI ACT, 2005

1. Chairperson, OSCPCR
2. PIO - Secretary, OSCPCR
3. APIO - OSD, OSCPCR

It shows poor performance of the Commission and blatant violation of RTI Act.

1.      Analysis of information provided  by the PIO, WCD

On RTI query about appointment of  Chairman of OSCPCR, the PIO responded  that no advertisement  was issued  in respect of seeking applications for the post of Chairperson. However, the following persons have applied  for the post of Chairperson.

a.      Sunanda  Satapathy

b.      Snigdha Rani Panigrahi

c.       Dr. subhashree Lenka

d.      Sandhyabati Pradhan

e.      Mamata Samantaray

f.        Pravasini Nanda

g.      Sanjukta Mohanty

h.      Snehanjali Mohanty

i.        Nibedita Nayak

 The Selection  Committee headed  by Minister, W&CD along with two members i.e, Principal Secretary, School and Mass Education, Commissioner-cum-secretary, WCD  in its meeting  held on 9.4.2018   rejected  the application of Nibedita Nayak , as it was unsigned application and recommended  the following 3 names  after threadbare  discussion  under section 18 of the OSCPCR Act, 2007.

a.      Snehanjali Mohanty

b.      Sandhyabati Pradhan

c.       Snigdha Rani Panigrahi

The whole procedure of selection of  Chairperson  is not transparent , as there was no public advertisement  seeking  application for the same. Secondly, the  Commission has not mentioned  details of criteria taken  up  while examining application of candidates , reason of  rejection and recommendation of name of the candidates  which is  very crucial. The whole procedure is arbitrary and bureaucratic in nature to select the names  as per wishes  of the Committee members or any instruction  from the top to consider particular names.  After  two months of recommendation, on 27.6.18,  the  Chief Minister approved name of Sandhyabati Pradhan as Chairperson. It  was basically a political appointment.

2.      The  members  of OSCPCR appointed on 19.5.2017   are  as  follows.

a.      Ms. Gitanjali Bastia

b.      Smt. Nibedita Nayak

c.       Smt. Sunanda Kumari Pati

d.      Shri Harihar Nayak

e.      Ms. Mandakini Kar  , appointed on 10.1.2018.

When website of the Commission ( who is who) was visited  to verify the  above information, it was observed another name Ms. Dibyaa Saswati  as another member  in the Commission.

We could not understand why such jumbo  ( so many persons)  has been appointed   in the  Commission. Was it  required  as per law  or  to ensure a vibrant high profile body to check rampant violation of child rights, child torture under Nabin Patnaik Govt. or   rehabilitate  protégé of Ruling party .  In no  Commission ( may be Information Commission, Disable Commission, Human Rights Commission ) ,  such a large number of people  have been appointed  as member.

3.      Let us examine how they  have really performed.   As  the primary function of the Commission is to hear and dispose  the  complaint cases of violation of child rights,  RTI Application was  filed  seeking information about  number of cases registered , cases heard and disposed by  chairperson and each  member of the Commission ( year-wise).  The PIO could not supply   number of cases heard  and disposed  by  each member of the Commission. When  Bhawani Nanda, RTI Applicant  inspected  their records  by visiting  the office, he observed  that the files are not duly catalogued and indexed nor maintained in proper form.  Records have not been computerized.  This is in gross violation of Section 4 (1) (a) of the RTI Act.   It  is also interesting to note  that he was told that the computerization of records  just started and they have entered data for the year 2017 which is still incomplete.   It  is clear that  the Commission has  not yet  paid any attention  for proper  maintenance of records for public information nor there is anything disclosed under section 4(1)(b) in their web site. 

4.       Cases received  and disposed  by the OSCPCR ( YEAR-WISE)

Year	Number of complaints received	No. of complaints decided
2015-2016	444	224
2016-2017	357	187
2017-2018	346	141
Total	1147	552

 Despite presence of so many members, the rate of disposal of cases  is around 50 %.   During 2017-18, 5 members  who were  appointed  have just disposed 141 cases. It means each member  has disposed 28 cases  ( 2 cases disposed  in a month). Each members takes  monthly honourarium of Rs. 25,000 + Rs. 5000  as house rent.  While 6 members-OSCPCR  dispose  only 141 cases  in a year, Odisha Chief Information Commissioner disposes  more  than 1000 cases  in a year. But the performance of Sashi Prava Bandhi, State Information Commissioner is  more or less same  that of members of OSCPCR. Their performance is very  dismal and discouraging. As  complete information was denied, it  was very difficult  to analyze  their overall performance as member of the Commission. Information about  suo moto cases  taken up  and disposed, monitoring by OSCPCR , visit of  the members to areas of  violation of child rights  was denied  to the Information-seekers.   

5.      No publication of Annual Reports

Since 2014-15, OSCPCR  has not published its annual report, which is mandatory under  the law.  This is really  very bad performance of the  previous chairperson and members of the Commission.

6.      I cite  herewith  an example  how effort of the  Commission is not praiseworthy in respect of protection of child rights.

On 7.5.18, I filed  a complaint  to OSCPCR  about missing of a Bonda boy ( tribal child) from KISS School , Patia, Bhubaneswar. On 8.5.18,  the Commission issued  notice  to different opposite parties including Head of KISS, Bhubaneswar.  Though inquiry report  has been submitted  by DCPO and SP, Malkangiri, the head of KISS  does not  care to respond  the direction of the Commission.  Though OSCPCR issued  tow reminders on 7.6.18 and 1.8.18,  the KISS authority is still  not responding.  The Commission also  could not take legal step against KISS. This  is the performance of highly empowered  body mandated  to protect the right of children.

Pradip Pradhan, RTI Activist  

M-9937843482

Date- 22.9.18