Saturday, August 26, 2017

RTI ensured disbursement of ex-gratia amount to the victims of Kalinga Nagar police firing

RTI ensured disbursement of ex-gratia amount to the victims of Kalinga Nagar police firing
( There is mismatch of information supplied  by Home Dept. and ADM, Jajpur)

Dear friends
On 3.2.2017, I had submitted RTI Application to the PIO, Department of Home, Govt. of Odisha seeking  information about  details of Judicial Commission constituted  by Govt. of Odisha , date of submission of Report and details of action taken  following the recommendation of the Commission. On 12.4.17, the PIO supplied  the list of  Judicial Commissions and date of submission of the report and  ATR.

As per the information supplied by the PIO, it was observed that The Inquiry report on the Incident of police firing  at Kalinga Nagar in Jajpur district on 2.1.2006  was submitted  by Commission  ( Justice A.S.Naidu/P.K.Patra/P.K.Mohanty (retd) on 3.7.2015.  Out of 3 recommendations of the Commission, 2 have already been complied. Regarding payment of Additional ex-gratia, GA Deptt. Has already released  Rs.16,50,000.00 in favour of Collector, Jajpur  for disbursement to 27 injured  persons. It means prior to  Feb. 2017 or much before,   the State Govt. had released Rs. 16,50,000.00 towards payment of ex-gratia  to the victims of Kalinga Nagar police firing.

Finding   the abovemnetioned  information, RTI Application dated on 17.4.2017 was  submitted to the PIO, Dept. of General Administration  seeking information about details of  money disbursed to the victims of Kalinga nagar Police firing. On 22.4.17, the PIO, Dept. of GA   forwarded my application to the PIO, office of Collector, Jajpur which was again forwarded on 27.4.17 to the PIO, Office of ADM, Kalinganagar to provide the information. After receipt of RTI Application,  the administration started thinking how to disbuse the ex-gratia amount to the victims which is pending  and provide the information within stipulated time period.

As per the information supplied  by the PIO,  Disbursement of ex-gratia amount  was made  to the victims on 20.5.2017 . Total amount of Rs. 6,50,000.00  was disbursed to 9 victims on the said  fateful day. It means  out of Rs.16,50,000 released by Govt. for payment, district administration has released just Rs. 6,50,000.00. Rest Rs.10,00,000.00 is still pending with  the District Administration for disbursement.  The details of money against additional ex-gratia  disbursed to the victims on 20.5.17 is as follows.

Sl.No
Name of victim
Date of Additional ex-gratia payment
Amount
1
Babuli Deogam, s/o- Khajuri Deogam of Chandia
20.5.17
Rs.1,00,000.00
2
Ganesh Banara, S/o- Sidhu of Baligotha
DO
Rs.1,00,000.00
3
Chinu Hembram s/o- Nandu of Gadapur
DO
Rs. 1,00,000.00
4
Chakradhar Jarika,s/o- Lakhya of Bamiagotha
DO
Rs. 1,00,000.00
5
Raj kishor Hesa,s/o-Sukura Hesa of Baligotha
DO
Rs.50,000.00
6
Santi Badara, s/o- Budhesingh Badara of Chandia
DO
Rs.50,000.00
7
Kalia Hembram,S/O- Braja Hembram  of Chandia
DO
Rs. 50,000.00
8
Sikur Budiuli,s/o- Juria of Chandia
DO
Rs. 50,000.00
9
Shyama Champia, s/o- Ramdas Champia of Champakoila
DO
Rs.50,000.00

Total

Rs.6,50.000.00


Total  amount  disbursed  by GA  for ex-gratia payment  

Rs.16,50,000.00


Payment of Ex-gratia   to the injured persons during police firing  at kalinga Nagar on 2.1.16
Sl. No
Name of the injured persons
Disbursement of Ex-gratia amount paid earlier
Date of payment
1
Tulasi Gagarai, w/o- Samala Gagarai of Gadapur
Rs.50,000/-
26.4.08
2
Tuna Jarika ,S/O- Bhima of  Chandia
Rs. 50,000.00
DO
3
Baisingha Gho,S/o- Panchuram Gho of Chandia
Rs. 50,000.00
DO
4
Babuli Deogam S/o- Khajuri Deogam  of Chandia
Rs. 50,000.00
DO
5
Ganesh Banara  of Baligotha
Rs. 50,000.00
DO
6
Mukunda Jarika  of Chandia
Rs. 50,000.00
DO
7
Surendra Banara of Baligotha
Rs. 50,000.00
DO
8
Chinu  Hembram of Gadapur
Rs. 50,000.00
DO
9
Chakradhar Barada of Bamiagotha
Rs. 50,000.00
DO
10
Basanti Badara, w/o- Sada of Gadapur
Rs. 50,000.00
28.10.2006
11
Chakradhar Jarika of Bamiagotha
Rs. 50,000.00
26.4.08
12
Jamuna Hembram of Chandia
Rs. 50,000.00
DO
13
Goura Soy  of Bamiagotha
Rs. 50,000.00
12.3.2007
14
Jayachandra Soy of Baligotha
Rs. 50,000.00
26.4.08
15
Raju Haiburu of Baligotha
Rs. 50,000.00
DO
16
Balema Soy  of Baligotha
Rs. 50,000.00
DO

Compensation paid to family members  who died during police firing at Kalinga Nagar on 2.1.2006.
Sl.No
Name of deceased
Name of Family members
Date of payment
Amount
1
Doigi Tiria
Sunia Tiria
26.4.08
Rs.10,00,000.00
2
Nandu Jarika
Chakai Jarika
DO
Rs.10,00,000.00
3
Gobinda Laguri
Sitaram Laguri
DO
Rs.10,00,000.00
4
Rama Jamuda
Pandab Jamuda
DO
Rs.10,00,000.00
5
Janga Jarika
Banita Jarika
DO
Rs.10,00,000.00
6
Bhagaban Soy
Sini Soy
DO
Rs.10,00,000.00
7
Sudam Barla
Magi Barla
DO
Rs.10,00,000.00
8
Jagat Badara
Sumi Badara
DO
Rs.10,00,000.00
9
Rama Gagarai
Sukamari Gagarai
1.7.2006
Rs.5,00,000.00



26.9.2006
Rs.5,00,000.00
10
Rangalal Munduya
Baijayanti Munduya
26.4.2008
Rs.10,00,000.00
11
Arti Jamuda
Chumuru Jamuda
DO
Rs.10,00,000.00
12
Mukta Bankira
Gouranga Bankira
DO
Rs. 10,00,000.00
13
Shyam Gagarai
Laxmidhar Gagarai
DO
Rs.10,00,000.00
14
Kisan Buduili
Sikur Buduili
25.2.2009
Rs.5,00,000.00

Pradip Pradhan
M-9937843482

Date- 26.8.17 

Who is RTI Activist?

Who is RTI Activist?
Dear friends
After implementation  of Right to Information Act in 2005,  many  Social Activists, volunteers  and Anti-corruption crusaders  are  seen using RTI  to expose  corruption and maladministration  as well as to enforce transparency  in the administration.  The people who are using RTI extensively  and  carrying out campaign for effective implementation of RTI Act  in the  country are called as RTI Activists.

RTI Activism is debated and discussed much in public domain that too in mass media across the country.  Commitment of RTI  Activists to expose mega corruption and irregularities and maladministration in Govt.   has been widely acclaimed   by  different of section of  people across the country. Within short span of 12  years of implementation of RTI Act, more than 60  RTI Activists have been killed and hundreds of activists assaulted and false case and defamation case filed against them. Many of them are also languishing in jail. Such scenario has not taken place in any campaign on any law  in the country.

RTI Activist is defined as  someone who  seeks   varies of information  and  makes  it  available to the people  and  highlight same through mass media. They are people who are driven by passion and commitment and keen to share information more widely.  They not only disseminate information but daringly and vigorously purse the matter  to reach at logical end. With the information , they try their best  to fight out the issues relating to  the system by  organising public demonstration, filling cases  in courts  and raising the issues  through policymakers  in  appropriate forum, They are the people who see the need for change and improvement on a large scale inside the Government. RTI activism is not about how you look or the clothes you wear: the sine qua non of activism is doing. We feel it is more important to look at the actions being undertaken rather than how individuals define themselves.

Information Scientist Anthony Molaro coined the term ‘Information Activist’ in 2009 as  “An information activist is a vigorous advocate of knowledge gained through study, communication, research or instruction”

  For some Activism comes naturally, while for others, it’s something that comes as a result of problems they see or upon learning about something they passionately believe needs to change. Whatever the reason for wanting to become an RTI activist, the Activist pursue their cause relentlessly no matter their age, their means, or their background.  Their victimisation by the  Powerful and  History-sheeters  is obvious. But  it has not died out  their passion and vigour.  That is the beauty of an RTI Activist.

Regards
Pradip Pradhan
M-9937843482
Date-26.8.18




Friday, August 25, 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

NGT order is defied by State Govt. to protect illegality of Achyut Samant



Corrupt bureaucrats of Odisha ignored order of NGT and allowed  Achyut Samant to enjoy forest land illegally acquired by him

This is rule of Law of Nabin Patnaik , Chief Minister, Odisha  who received  Outlook Speakout  best Administrator Award
Dear friends

18.8.17 was the fourt-time of hearing of Case by National Green Tribunal, Kalkatta about  Original Application No. 92/2016/EZ & M.A. NO. 157/2017/EZ filed  by Subas Mohapatra, Human Rights Activist  for  recovery of 18 acres of  forest land illegally acquired  by Achyut Samant in Patia area of Bhubaneswar, capital city of Odisha. Sri  Samant is the notorious land-grabber in Odisha.

 It deserves to be mentioned here that Sri Achyut Samant  has acquired  illegally and through fraudlent means around 100 acres of land in Chandaka Industrial area and  Pathargadia area.  Achyut Samant  has acquired recorded  amount of land  and topped the list of land grabbers of Bhubaneswar. It  has been possible with tacit support from  corrupt BJD leaders, MLAs, MPs and third grade bureaucrats of the state who claims educated  having sound academic career under Nabin Patnaik regime.

On 21st March 2017, while  hearing the case, National Green Tribunal  has given direction  to both Forest and Environment Department  and Revenue and Disaster Management and Chief Secretary to  demarcate  and acquire the land and undertake  fencing around the land which  has been illegally acquired  by Achyut Samant of KIIT.  It needs to be mentioned  here that on 10.7.2012, Tahasildar, Bhubaneswar  had issued eviction order to acquire the land. But astonishingly,  due to pressure  from  rulling class and top bureacrats  with whom Achyut Samant enjoys close relation,  that order  was not carried  out.  Now every body  should  think how our precious land  has been illegally acquired  by Achyut Samant  from day one , when  he started  his  education business  in Odisha.  In the meantine, Achyut Samant  has acquired  huge land  in different  district and  cophee jungle  in Koraput.

Odisha bureacrats   are seen constantly  ignoring  the order of Green Tribunal  since 21st march 2017 and  bying  time again and again  through affidavit and  conspiring  to  save Achyut Samant. It can be well-imagined  how  Odisha bureacrats and BJD leaders  are destorying  Odisha  by  engineering all  corrupt practices and nuisances of Achyut Samant.

On 5th July, 2017, NGT again issued  order to State Govt.  to  implement order dt. 21.3.17  and  demarcate the land  at the earliest and bring  back  the land.  In the meantime, RTI Application  was submitted  to  Dept. of Forest and Environment  and Dept. of Revenue and Disaster Managemement  to  get the information about details of Action Taken  on order of NGT.  The information supplied by the PIOs  is that Tahasildar , Bhubaneswar  has been  instructed  to  carry out demarcation.  But interestingly,  Tahasildar, Bhubaneswar does not care  order of higer authorities. Letter after letter is sent  to Tahasildar   with hidden agenda  to protect Achyut Samant. Can anybody  take it  granted or believe  that  a mere Tahasildar  will  dare to ignore order of  Chief Secretary and Revenue Secretary. This is all farce masterminded  by  corrupt bureacrats  with support from Chief Minister  to cheat the people and the court. 

On 18.8.17,  the State Govt.  has sought more time  in NGT to demarcate the land.  It shows State Govt. is prepared to acquire the land.  How illegalities and irregularities is being promoted  by Nabin Patnaik   who claims to be good administrator, non-corrupt  which is proved false.

However, NGT has fixed 3rd Oct.  for hearing of the case.

Without bringing back  the land, the State bureacrats  in  connivance with Achyut Samant  has started  harrassing Subas Mohapatra  by filling false  case  in Kanas police station  of Puri  district  by engaging  his former wife . The Fact-finding team of Civil Society  has found it false and designed to demoralise Subas Mohapatra. Anybody  can imagine character of Achyut Samant how he can go to any extent  for his vestsed interest. Few fraud people are telling  that he is  a great social worker and educationist. But  he is basically fraud  and involved  in all third grade  inhuman  activities   which has been exposed  in Bajrakila News paper.

Srikant Pakal
RTI Activist, OSAA
M- 9338455092