Outstanding Judgement of Child Welfare Committee, Khurda of Odisha

Outstanding Judgement of Child Welfare Committee, Khurda of Odisha to ensure and enforce protection of Children- A  Big Slap  on the Face of Odisha Child Rights Commission

  

On 13.2.16, while disposing a Complaint Case No. 279/2016  filed by Pradip Pradhan, Odisha Soochana Adhikar Abhijan vs  Principal  of Bhubaneswar Model Public School @ Takshila School, N5/A, 1698, IRC Village, Bhubanneswar-15,  District Child Welfare Committee, Khurda ( A Bench of Judicial Magistrate  ( First Class)  had  issued order to so many authorities  i.e, the Principal of the School, District Education Officer, Khurda, Director,  CBSE, New Delhi, District Child Protection Officer, Khurda, Secretary, Department of School  and Mass Education, Govt. of Odisha,   to take immediate measures  to  get the two Children  Suchismita Nayak  and Srikant Auropratik restored back to  Class-IX in the School and initiate legal action against the authority of the School as per section 17(1) of Right to Education Act and the school authority to be  liable for  punishment  u/s 17 (2) of the Act and  section 23  of  Juvenile  Justice ( Care and Protection of Children ) Act 2000. CBSE, New Delhi  has also been directed to allow Srikant Auropratik  of the School to  register for HSC examination  in 2016-17 academic year.   

This Complaint Case  was  filed in CWC, Khurda in the backdrop of failure of Odisha Child Rights Commission to ensure justice to    Srikant Auropratik, student of Class-IX  who was tortured, physically harassed and  forcibly driven out  by the Principal of Bhubaneswar Model School.  On 3.11.15, the Parents approached the Odisha Child Rights Commission by filling complaints levelling details of allegation, mental torture, and harassment caused to their son and seeking quick justice for their child.   OSCPCR   registered the case (Case No.-810/15 )  on 4.11.15, initiated the enquiry and  conducted hearing  twice and remained silence for  unknown period  without giving any final decision.  Even the Commission did not provide the proceedings of the hearing  making it complete farce.   Being pretty aware  about  unholy alliance  between  Odisha Child Rights Commission and   the School Authority and the Commission working under the influence of vested groups, Sri Pradip Pradhan filed the case in Child Welfare Committee, Khurda on 9.1.2016  with prayer for immediate relief to the Children.

The Child Welfare Committee, Khurda  has observed that  both the Children Srikant and Suchismita are the victims of  the wilful mental violence of the school authority  and are compelled  to be out of the school. The School Authority  has wilfully neglected  both the children which caused these children  unnecessary mental suffering  and caused Srikant physically suffering.

We are still waiting  the order of Odisha Child Rights Commission  which claims a competent  authority  to provide protection to the Children. The process has been initiated to monitor the functioning  of Odisha Child Rights Commission through RTI which will be exposed very soon.

Pradip Pradhan

M-9937843482

Date-14.2.16

Odisha Child Rights Commission- A proven Trojan Horse

Odisha Child Rights Commission- A proven Trojan Horse

·        A  Commission  which  is empowered to protect rights of the children, has masterminded to destroy academic career of a Child by establishing   unholy alliance with Private English Medium School

·        The Civil Society Groups and Activists should be aware of the heinous activity of  the members of Child Rights Commission.

·        Though a Child is waiting to get justice, the  case is hanging in the Commission.

·        The Commission is neither disposing the case nor passing any order.

Dear friends

Srikant Auropratik, son of Prakash Ch. Nayak  and Mrs. Amita Subhada ( M-8763790311) , a Class-9 student  was physically tortured, humiliated  and mentally harassed ( scolding and misbehaving) by the authority of  Takshashila Model School, IRC Village, Nayapalli, Bhubaneswar   and suddenly dropped  to  Class-VIII in the middle of the year  on the ground of bad performance. When the parents asked for Progress Report    of the child,  the authority of the school  continued to ignore their request  till yet. The parents were also threatened to take back to other schools without citing any ground. Though the parents  appraised  the authority  that “no school was ready to take student in mid-session as CBSE registration has completed”, the authority remained adamant  and asked  the parents to take the children back.  Ultimately,  Srikant  Auropratik  was humiliated and suffered from mental depression   and forced to leave the school on 29.10.15.

Then, on 2^nd Nov.15, the parents filed the petition before Secretary, School & Mass Education, Govt. of Odisha  on Grievance day and explained the harassment and handed over the petitions and the documents. The Secretary immediately issued order to Director, secondary Education and Director, Elementary Education for necessary action so that child is not dropped out.  But astonishingly, after one month, the Director, Elementary Education ordered enquiry into the matter and directed DEO, Khurda and BEO, Bhubaneswar to look into the matter and report back within 7 days. (GRC Application No: 269/2850/15, DEO. Khurda letter No: 21125 dated 4^th December, 2015).  On 13.1.16, the Assistant Block Education Officer introducing him as Inquiry Officer made  a call  to the parents  and sought the information.  Though three months passed, no step has been taken by the administration to get the child admitted in the school. 

 Then, on 3.11.15, the Parents approached the Odisha Child Rights Commission by filling complaints levelling details of allegation, mental torture, harassment caused to their son    and seeking quick justice for their child. Ms. Rajalaxmi Das, Member, OSCPCR   registered  the case ( Case No.-810/15 )  on 4.11.15 and initiated the enquiry.  The details of enquiry is  as follows.

a.    On 12.11.15, the  Commission  heard   from the Child  and father ,but  did not  allow the Mother  to be heard, though she was involved  in the case  and victim  of the rough behaviour of the authority of the school.

b.    After around one month on 10.12.15, the two-member Commission heard the case inviting both the parties. Interestingly, the Commission did not allow the representative of the petitioner to plead their case, in spite of several requests.

c.    On 16.12.15, the Commission again issued notice for hearing of the case.  The petitioners approached the Commission to allow their representative to plead the case. While the Commission turned down the request of the petitioner, but allowed the representative of the School Authority.   The Case was heard and nothing happened.

d.    The Commission verbally told the parents that the case to be heard on 28^th Dec.15. But the hearing was abruptly postponed and no communication was made to the petitioner.

e.      Till yet,  the Commission  has neither issued any interim order nor  any final decision  of the case. The parents are still waiting to get justice.

f.     Though the parents requested the Commission to give them the proceedings of the hearing, it was denied to them.

g.    The Commission is hanging the case  without giving any final decision.

It is proved that  the  members of  the Child Rights Commission  are acting  as agent of Private Schools at the cost of the interest of the child.

Pradip Pradhan

M-9937843482

Date- 14.2.16 

Suggestion for Odisha State Food Commission Rules,2016

To

TheJointSecretary                                                                                                               Date- 7.2.16

Department of Food Supply and Consumer Welfare

Govt. Of Odisha

Bhubaneswar

Sub- Suggestion for Odisha State Food Commission Rules,2016

Sir

In response to your advertisement published  in Odisha Gazette  on dated 25.1.16,  We  the  Civil Society Groups  working on Right to Food in the state assembled together  in a  State-level Consultation  meet held in Nehru Yuva Pratisthan, Bhubaneswar  on 2.2.16  with the objective  to debate and discuss the draft  Odisha State Food Commission Rules  and  make suggestions, if any required  for improvement of the Rules.

At the outset, members expressed their discontentment over the long delay  of the State Govt. to start the process of framing  the Rules for functioning of Odisha State Food Commission and noticed some of the provisions mindlessly drafted without going into details of the provisions of the Act. The State Govt. could have started the process much earlier   in order to strengthen Grievance Redressal mechanism  at District and State level. The house unanimously resolved to urge Govt.  to constitute independent  State Food Commission without designating  State Information  Commission as SFC  which is already overburdened with  pendency of more than 6000 cases.

However, the members discussed at length various provisions of the Draft Rules and came out unanimously with the following suggestions for its improvement.  These are  as follows.

1.       The  draft rules have been framed in exercise of the powers conferred  only by clause (f) of sub-section (2) of section 40 of the National Food Security Act 2013. These are  incomplete in many respect  keeping in view the total Section 40 of the Act.  The rest of the clauses (a) to (e) and (g) to (l) of sub-section 2 , of section 40 of the Act on which rules should have been framed have been ignored.  If  the rules/guidelines  already framed on other sub-sections, by means of notification(s)  publication(s) , the same  should  be collected together  and placed in  the Draft Rules in question for removing confusion and/or avoiding to refer to too many circulars/ notifications/ guidelines.

2.       To maintain utmost transparency  in selection  procedure  for appointment of Odisha State Food Commission,  there must be provision  in  Rule-3  of Odisha State Food Commission Rules,2016 to make an advertisement  publicly  inviting  applications from the interested persons  or nomination of  candidates  by anybody for the post of the Chairman or Members of State Food Commission  fixing time  limit. The  procedure  for details of  scrutinising the applications by the Search  Committee, criteria taken up,   citing reasons for  final selection of candidates  and rejection of candidature  should be publicly displayed  and available   under RTI Act.  The Search Committee should be little enlarged by taking some eminent members of public say from media, activists, IT professionals , retired judges etc.

3.         The provision   of  Rule-4  of Draft Rules “ The Chairperson and other Members  shall hold  office  for a term  of three years from the date  on which  he enters  upon his office “ should be withdrawn, as  the section 16 (4) of the Act  has already stipulated that  the  Chairman and every  other Member  shall hold office  for a tem  not exceeding five years from the  date on  which  he enters upon his office  and shall  be eligible  for  reappointment.

4.       The provision of Powers of the State Food Commission  under Rule-6 of  Draft Rules,2016   should be redrafted and revisited  following  the provision of functions  of the State Food Commission as per section 16 (6) of the Act. 

5.       The provision   i.e.,  power of the State Food Commission  (b) to organise  regional camps  for  building     awareness  about benefits  and entitlements  xx x x x x x x xxx  should be withdrawn.  This should be the function of  Nodal Dept. i.e.,  Food Supply and Consumer Welfare Department.

6.       There  must  be  provision  in Rule-10 ( procedure for  hearing Appeals)   that  the Commission  shall either  suo moto  or on receipt  of  complaint from anybody  inquire  into  violation of entitlements   under the Act.

7.       There must be  provision of  disposal of  complaint cases  of emergency  nature  within  7 days  and normal cases  within one month.

8.       There  should be  provision  that   the registration no.  of Complaint along with date  case should  be intimated   to the Complainant  within 3 days of receipt of  complaint via post or email or mobile message and put in website  of the Commission. The procedure adopted by National Human Rights Commission can be taken into  account.

9.       There   should be a Model Format (not compulsory format )  to guide the  beneficiaries  to the  file the complaints  along all relevant documents.

10.   The decisions of the Commission should be available in Odia . So that the common people  can understand  the  content of the decision.

11.   Clear rules should be framed as per clause (h) of sub-section (2) of Section 40 and section 27 of NFS Act regarding Transparency and Accountability. 

12.   The draft rules are silent on setting up  of vigilance committee(sec.29 of the Act)  at each level from state to fair price shop level.  While framing rules for setting up of vigilance committee at least two members of public should be included in such committees. 

The house  also  disapproved  the Project Director, DRDA designated by the State Govt.  to function as District Grievance Redressal Officer under NFSA and urged the Govt. to appoint an independent District Grievance Redressal Officer  at district level. It  is  also  suggested that  the State  Govt. should  frame rules  immediately   for functioning of  the office of  District Grievance Redressal Officer, procedure for receipt of  complaints,  time limit for disposal of complaints  complying  the requirement of section 15 of the National Food Security Act.  

We will be happy, if your august office can give us opportunity for discussion  about the  effective functioning of State Food Commission  and District Grievance Redressal Officer.

Thanking you

Yours sincerely

Pradip Pradhan

State Convener

Right to Food Campaign, Odisha

M-9937843482

Email-foodrightsodisha@gmail.com

Sanjukta Panigrahi

Pragatishila Mahila Sangathan

Bhubaneswar

Pratap Sahu

Convener,  Odisha Street Vendors’ Association

Kalandi Mallik

Samajik Samata Abhijan

Sanjay Sahu

Odisha Pension Parishad

Sudhir Mohanty

Advocate, Odisha High Court

Moribund Odisha State Food Commission got Activated

Moribund Odisha State Food Commission got Activated and functional due to intervention of Civil Society

In the first week of January’2016, the Civil Society Groups and Opposition Political Parties made scathing attack of State Govt. for its failure to  constitute  State Food Commission at State level   and appoint District Grievance Redressal Officer at district level under  section 16 and 15 of National Food Security Act. Then,  the  Department of Food Supply and Consumer Welfare, Govt. of Odisha disclosed  a Notification of Oct. 15   ( it was kept secret for 3 months in official file) for  designating State Information Commission as State Food Commission and  Project Director, DRDA as District Grievance Redressal Officer and  released an advertisement  about it . The advertisement published on12.1.16  carried  a message appealing to the people to make complaint relating to violation of the Act in order to silence the opposition political parties. 

After going through the advertisement,   the Social Activists of  Right to Food campaign   along with more than 100  poor people  visited  to  the office of State Food Commission, Toshali Bhawan, Satya Nagar, Bhubaneswar to file complaint  about denial of Ration card. When the Team reached in the office of omission at 11.30 AM, it  was found that  there was no such mechanism available  to receive complaints.  Even the staff of State Information Commission is also not aware about Govt. Notification.  After a lot of protests  and Dharana of two hours  by the Activists demanding  for receipt of complaint  the staff of the Commission were forced to   receive the complains and provide the receipt to the complainants.  I personally filed complaints for  20 poor people  who have been deprived to get Ration Card due to huge corruption and irregularities  in the process of selection of beneficiaries.

In the meantime, around 1000 complaints have been filed due to effort of Civil Society Groups. 

Today on 11.2.16, I received letter dt. 3.2.16 from State Food Commission that  the Commission  have directed the concerned  Collectors to redress the grievances and dispose the same within 30 days. 

Let us see how the poor people will get justice from the Commission.

Pradip Pradhan

M-9937843482

Date- 12.2.16

Incompetency and Inefficiency of Odisha Information Commission exposed

Incompetency and Inefficiency of Odisha Information Commission leading to huge pendency of more than 6000 cases in Commission, exposed through RTI

· Each Odisha Information Commissioner receives salary Rs. 1,92,000.00 per month except other facilities like accommodation, vehicle, telephone availed free of cost.

·  If it is roughly calculated, we spent Rs. 2.5 lakh per month for each Information Commissioner in Odisha.

· We pay Rs.12,000.00 per day of hearing of Case by Odisha Information Commissioner

· Each Information Commissioner devotes only 15 days in a month for hearing the case.

·  Only 9 no. of cases heard by each  Information Commissioner per day

· Only 7 no. of cases disposed  by each  Information Commissioner  per month

· Total no. of 6000 cases pending in the Commission.

· There will be delay of minimum 2 years for hearing and disposal of a Case. For example, if a case is filed in 2016, it will be heard in 2018 or 2019 .

· To get correct information in right time is distant dream for the Citizens.

· Odisha Information Commission has been reduced to mockery.  

Dear friends

When two new Information Commissioners  got appointed in June 2015 by State Govt. without following  transparent procedure, it was suggested by friends and supporters  that  the functioning of these  Information Commissioners should be silently observed without  raising any issues  in public domain. We patiently observed their functioning of 7 months and started monitoring their activities through RTI.  The information about functioning of the Information Commission provided by the PIO is  as follows.

1.    Two State Information Commissioners namely Sri Laxminarayan Pattanaik and Ms. Sashiprava Bindhani have joined  in the Commission  as State Information Commissioner on 16.6.15.

2.    But they started their case hearing  on 22.6.15

3.    Within 7 months ( June to Dec.15),  both the Information commissioners have received each Rs. 12.50 lakh ( Ms. Sashi Bindhani receives salary Rs. 1,92,000.00 per month).

4.    No. of days devoted for hearing  by both the Information Commissioners

Total no. of days devoted  by Ms. Sashi Bindhani for hearing within 7 months	114
Average No. of days devoted by Ms. Bidhani, SIC  for hearing per month	16 days only
Amount paid from State Exchequer to Ms. Bindhani per day hearing	12,000.00
Total no. of days devoted  by Sri L.N. Pattanaik,SIC for hearing within 7 months	103
Average No. of days devoted by Sri L.N. Pattanaik for hearing per month	14
Amount paid from State Exchequer to Sri Pattanaik  per day hearing	13,714.00

5.      No. of cases heard by both the Information Commissioners

No. of cases ( Second Appeal  and Complaint Case )  heard by  Both the Information Commissioners  in division bench  within 7 months	425
No. of cases ( Second Appeal  and Complaint Case )  heard by   Ms. Sashi Bindhani,SIC   in single  bench  within 7 months	668
No. of cases ( Second Appeal  and Complaint Case )  heard by   Sri L.N. Pattanaik, SIC  in single  bench  within 7 months	564
Total  No. of Cases heard by the Commissionwithin 7 months	1657
No. of cases heard per month by  single Information Commissioner	118
No. of cases heard per day by a single Information Commissioner (112 / 14 days devoted for hearing )	9

6.      No. of Cases disposed  by both the  Information Commissioners within 7 months 

No. of Cases ( Second Appeal and Complaint Case ) disposed by both the Information Commissioners  in Division Bench from June toDec.15	56
No. of cases disposed by Ms. Sashiprava Bindhani, SIC within 7 months	107
No. of cases disposed by Sri L.N. Pattanaik, SICwithin 7 months	106
Total cases disposed	269
No. of Cases disposed  by single Information Commissioner  within 7 months	134
No. of  cases disposed  by single Information Commissioner per month	7
No. of cases  disposed  by  single Information Commissioner per day ( 14 days devoted for hearing in a month)	0.5

7.      There are 725 Complaint Cases and 5249 Second Appeals pending  in the Commission till December, 2015

Pradip Pradhan

M-9937843482

Date- 9.2.16

State-wide Mass Rally and Dharana on Ration Card Issue in Odisha

Civil Society Groups to hold Mass Rally, Dharana and Demonstration throughout the State on 10^th Feb.14 demanding immediate supply of Ration Card to the Poor and deserving beneficiaries under National Food Security Act.

 Dear friends 

All of you are aware that National Food Security Act has been enacted to ensure food security of the poor. Though the  Govt.  of Odisha  has started implementing  the law after delay of around one and half year, thousands of poor and deserving people have been left out in the list of Priority Household  due to huge corruption and irregularities  in the survey  conducted  by the State  Govt. to identify the beneficiaries.  After  huge protest by the different political parties  and Civil Society Groups,  the State Govt. through advertisement made an appeal to the people to apply again to get  their names enlisted in Ration Card. Though 3 months have passed since submission of application for Rational  Card for second time,  the State Govt.   has not  been able to provide ration card. State Food Commission constituted to hear the grievances of the people have remained defunct. Thousands of Complaints in respect of Ration Card filed by the poor people  is pending with the Commission. It is interesting to note that without ensuring Ration Card, the State Govt. is trying hard to push   Ahara Yojana  to provide cooked rice ad dal @ Rs.5/- per head at district headquarter. It is designed to dilute the attention of the people from Ration Card issue.

As the State is reeling under drought due to crop loss, most of the poor people  are facing serious food crisis. Many of them have migrated to outside state in search of livelihood.  The availability of food grains under Rational Card is o doubt a great hope for them to survive. But denial of Ration Card by the Govt. has added to their woes pushing them to starving situation.  

  Keeping it in view, a number of Civil Society Organisations ( Right to Food Campaign, Odisha, Odisha Shramajib Mach, Jibika Surakhya Manch, Kondhamal, Samajik Samata Abhijan, Jajpur,  Odisha Pesion Parishad, Gajam Jagarana Manch, Pragatishila Mahila Sangh, Shramajibi Sangh, Malkangiri, Proutist Universal, Bharatiya Kishan Sangathan,  Open Hand Orgaisation, Lok Bikash Manch, Koraput) working on food security issues  have joined  hand together and decided to hold Dharana and demonstration on 10^th Feb.16 in every district and block head quarter  demanding   immediate supply of Ration Card to the poor people.

An open appeal is made to the people of Odisha to provide support  to make it grand success.

Yours sincerely

Pradip Pradhan

Arun Dehuri

Sudarshan Chhotaray

Naresh Jena, Advocate

Sanjukta Paigrahi

Sachikant Pradhan

Sanjay Sahu

Sudhir Mohanty, Advocate

Panchanan Pradhan

Kalandi Mallik

Karunakar Bhoi, Bolangir

Jati Pradhan, Bolangir

Kedar Sahu, Boudh