Saturday, February 10, 2018

Indefinite Hunger strike by Civil Society on Kunduli Rape Issue in Odisha

Open Invitation to join in
Indefinite Hunger Strike  by Civil Society Groups  demanding Supreme Court-monitored  CBI Inquiry into Kunduli Rape Case  and arrest of  all investigating officers  involved in suppressing and derailing investigation into Kunduli case and mysterious death of  Rape victim Kasturi Samantary of Kendrapara  and Varsha Patra of Sukinda of Jajpur district.

Dear friends
The members and Activists of different Social Organisations having allegiance to Civil Society Network  will sit in Hunger strike for indefinite period demanding Supreme Court-monitored CBI Inquiry into Kunduli Rape Case  and arrest of  all investigating officers  involved in suppressing and derailing investigation into Kunduli case and mysterious death of  Rape victim Kasturi Samantary of Kendrapara  and Varsha Patra of Sukinda of Jajpur district and  Justice for other rape victims.

After allegation of Kunduli Rape Victim that she was raped by Cobra Paramilitary force, the Koraput police registered FIR and started investigation. After 27 days of investigation, the Additional Director General of Police of Human Rights Protection Cell (HRPC) of State Govt. made a public statement that the girl had not been raped and she was giving false allegation against the police.  In view of huge public reaction and protest of opposition political parties, Sri Nabin Patnaik, Chief Minister ordered for Crime Branch Inquiry and declared a Judicial Commission to be constituted to probe the case.

 Though 3 months have passed, the people of Odisha are still yet to see the copy of     investigation Report on the basis of which ADG, HRPC said that there was no rape and status of Crime Branch Inquiry. Judicial inquiry is yet to be started.

After suicidal death of  Kunduli rape victim, the State Govt. has again declared to constitute SIT ( Special Investigation Team) for investigation to be monitored  by High Court. The order of number of inquiries by Chief Minister has cast doubt in the mind of the people   about intention of the Govt. to provide justice to rape victim.  The opposition political parties and various organisations have demanded CBI inquiry into it.

On the other hand , the mysterious death of  Kasturi Samantaray, a 10th class student of Kendrapara district  and Barsha Patra , a college student of Sukinda  Block of Jajpur district  has not been  properly  enquired  by the police alleged  by the parents. Rather the police has tried to cover it up under the influence of powerful people.

In view of failure of State machinery to provide justice to rape victims,  the Civil Society Groups  will sit in indefinite hunger strike  demanding  arrest of all investigating officers  who have derailed and suppressed the investigation and Supreme Court-monitored CBI inquiry into Rape cases in the state.

We appeal all the people to join with us  to  fight for justice of Rape victims  in the state.

Appeal by

Pradip Pradhan
M- 9937843482

On behalf of Civil Society Groups, Odisha 

Sunday, February 4, 2018

Number of Students reading in KISS Tribal School is still in Mystery

Number of Students reading in KISS Tribal School is still in Mystery - Why

Dear friends

Last Year in a public meeting, Achyut Samant claimed that KISS Tribal school had housed 30,000 tribal children and provided free education, food and shelter. Accordingly, RTI Application was filed to the PIO, office of KISS Tribal school to get the information about number of children reading in different classes of the school. The Principal denied to provide the information as the school does not come under purview of RTI Act.

Then, RTI Application was filed to the PIO,  Dept. of School and Mass Education, Govt. of Odisha seeking information about  number of children reading in KISS Tribal school. The Dept. does not have the information. However,  another  RTI Application  was filed to the PIO, Dept. of School and Mass Education, Govt. of Odisha  seeking information about details of NOC granted to KISS tribal School  as per Right to Education Act,2009. On 6.7.17, the PIO, office of Block Education Officer, Bhubaneswar provided the information along with two Field verification Report which is required prior to granting NOC to any institution.  It was found that   the Field verification Report of 2016-17   shows that KISS school has 14,804 i.e., 8956 from (from Class-1 to Class-V), 5849 from (Class-6 to Class-8).

Similarly, another RTI Application was filed to the PIO, office of Board of Secondary Education, Cuttack about number of the children of KISS Tribal School appearing High School examination from 2010 to 2017. On 25.1.18, the PIO has supplied the following information.

Year
Total no. of Students appeared
No. of Students passed
2010
177
159
2011
482
398
2012
562
487
2013
632
485
2014
611
518
2015
600
564
2016
1173
987
2017
2046
1816
If these figures of BEO, Bhubaneswar and BSE, Cuttack is taken into account, the maximum strength of the students of KISS Tribal school  will be  16,000 only.

Can anybody counter this  figure?

Pradip Pradhan
M-9937843482
Date- 4.2.18


Non-functioning of web-portal of Odisha Govt. for submission of RTI application / Appeal online.

Non-functioning of web-portal of Odisha Government for submission of   RTI application / Appeal online.
2.     Even if it functions, per chance, printed copy of submitted application/ appeal alongwith voter ID is called for, which defeats very purpose of online submission.
Govt. of Odisha Web-Portal - http://rtiodisha.in/
This is the web-portal of Government of Odisha. There is no provision to ‘log-in’ nor is it user-specific.  In strict sense, this is not a web portal.
The portal is not functioning even after 12 years of implementation of The RTI Act, 2005.  The mal-functioning area is uploading of the RTI Application File.   One cannot proceed further if he/she fails to upload the RTI application.  If by chance the file could be uploaded, payment gateway problem will obstruct payment of application fee. 
I failed to submit My RTI application online in most of my attempts, excepting for a couple of times only.  But the terms and conditions, as below, dissuaded me to use the portal. 
TERMS & CONDITIONS DEFEATING THE PURPOSE OF ONLINE SUBMISSION OF RTI REQUEST
As per the terms and conditions, Applicant has to print out and submit the hard copy of the same application with full signature manually or by post. After acceptance of the hard copy of RTI application by the PIO, the time-frame prescribed under the Act shall be applicable.” Therefore the entire exercise of submission of RTI Application is waste of time.
Further, if somebody, by chance (which is very rare), can submit application and pay application fee of Rs.10/- online, then he/she will come across the following NOTE which remind him/her of the above condition. 
“Please print out the filled up application and make payment (if not Made) and attach e-payment evidence of original copy of manual payment having ink signature at the print out copy and submit to your concerned Public Authority manually (physically or by post). After acceptance of the hard copy of RTI application & all your documents by the PIO, the time-frame prescribed under the Act shall be applicable.” 
To fulfill the said condition the applicant has to bear the cost  for (1) printing  (2) postage, (3) Conveyance expenses for going to a cyber café for printing (4) Conveyance expenses for going to post office or to the office of the Public Authority.  In addition the efforts for submission of hard copy of the RTI request are unnecessary botheration. 
It is also  stipulated in the terms and conditions: “Both General/BPL categories applicant should submit photo Copy of ID proof”. This is against Section 6(2) of RTI Act,2005. This proves the extent of harassment to public.  
Publicity of tall claims of Government on RTI portal

Government of Odisha claim in the web-page: “This option helps a citizen to submit his/her e-Request for information (RTI Application Form A) through online in a single net work system (rtiodisha.in), which is treated citizen centric”
Of late in daily news paper “Prameya” there are news items on 23-1-2018 and 31-1-2018 about work-shop on Right to Information held at Jatni and Balipatna Block Offices respectively of Khordha districts.  The clippings of the news are attached.  These workshops were organized by the District Information & PR Officer.  The main theme highlighted in the news items is about use of the web-portal for online submission of RTI Application.  The news is silent about non-functioning of the portal and unnecessary stipulation for submission of hard copy again. It is not clear from the news if the web portal  was demonstrated in the work-shop by means of computer with internet facility and explained step by step about entering the necessary information, uploading of RTI Application and online payment of money.  Simple direction to the audience to take advantage of RTI portal and making a news on this is meaningless.  The esteemed “Prameya” news paper should elaborate on the mal-functioning of the web-portal and need for removing the stipulation for  submission of hard copy after online submission of RTI application. 
Some of the activists have been taking up the matter with I & PR Department and with the State Information Commission for making the portal functional and not to ask for re-submission of hard copy of the same RTI application.  I have also taken up the matter several times and lodged grievances.  In one of the letters vide No.IMU (RTI) 102/17 – 7007 dated  8-8-2017,  in response to my e-abhijog CMOFF/E/2017/01647 dated 26-6-2017 (copy attached)    I was informed:
“Odisha is one of the front ranking states in the Country for introducing IT Intervention in the front of RTI.  The Government carries a track record of winning National e-Governance award in this regard.  The process of Online RTI Application has been conceptualized taking into the conditions of the state into account.  However we sincerely appreciate your point of view as quite critical to move further in this regard. Once again congratulating you for this healthy feedback, the Department is quite open to receive your suggestions time and again to improve our functioning in a more effective manner.”
I cannot rejoice with such compliments, unless and until the web-portal functions properly and there should not be any condition to submit hard copy of already submitted request. 
GOVERNMENT OF ODISHA WEB-PORTAL IS DEFAUNCT WHEREAS THAT OF GOVERNMENT OF INDIA https://rtionline.gov.in/ FUNCTIONS VERY WELL
Those who are using Government of India portal must have experienced the ease of submission of request and 1st appeal.  While for the request a fee of Rs.10/- is payable online, there is no fee for 1st or second appeal.  There is no need to attach voter ID or any other ID.  There is no need to send hard copy of the submitted request or appeal.  The portal keeps a record of all applications, appeals only for viewing and use of the applicant/appellant. 
The authorities of Government of Odisha are neglecting the Right to Information.  No priority is attached to such citizen centric need.  While a lot of money is spent on publicity, there is not a single hoarding about RTI nor there is  a single quarter-page publicity on  guidance to public about their Right.  Till date the State Government of Odisha ignore the Peoples Right to Information.
OTHER STATE ACTIVISTS, WHO ARE READING THIS, MAY ENLIGHTEN ABOUT THE   FUNCTIONING OF THE RTI WEB-PORTL OF THEIR STATE. 
DEVELOPMENT & MANAGEMENT OF THE WEB-PORTAL
The job of online filing of RTI applications and First Appeals and keeping track of the same was entrusted to M/s Luminous Infoways Pvt. Ltd. way back in 2009 vide agreement/MOU dated 4-5-2009 signed by Director of I & PR Department with the Company authority for a validity period of 3 years.  The conditions of MOU included: “if the agency fails to deliver the service committed within the reasonable stipulated time assigned by the Client (i.e. the Government) penalty would be levied upto 25% of Annual Project Cost alongwith the cancellation of the MOU.” Neither the web-portal could be successfully developed nor any penalty was levied nor was any official made accountable. The MOU was also not cancelled. On the contrary another MOU was signed on 29-6-2015 between the I & pr Department and the Company basing on the e-tendering process of August 2012 ( EOI published  on 2-8-2012 and bids opened on 28-8-12)  when M/s Luminous Infoway Pvt. Ltd. could be the successful bidder.  The work order No.10073 dated 14-9-2012 was placed with the Company after 2 years from the date of opening of bids. 

In the office notes, the Commissioner-cum-Secretary has mentioned on 11-12-14           : “The Government may kindly approve the proposal to implement ‘online monitoring of RTI application’ with effect from 1st January 2015”.  Concurrences of the Chief Secretary, Minister, I & PR Department and Hon’ble Chief Minister have been obtained to the noting. 

Odisha Information Commission vide their letter No.8356/OIC dated 17-11-2015 – PIO-323/15, have informed me that the RTI portal was not fully functional.  They had sent my RTI application dated 29-10-15 to I & PR Deptt with a copy to me under Memo No.8160/OIC dated 6-11-15.  Till date I do not appear to have received any reply from them. I have lodged complaint with the Commission.   
The FIGHT of the  common people  for their R I G H T never ends. 
Bhawani Sankar Nanda    

Tuesday, January 30, 2018

No Response by State Govt to the Notice issued by NHRC on Farmers’ Suicide Case

No Response by State Govt to the Notice issued by NHRC on Farmers’ Suicide Case filed  by Pradip Pradhan two years ago

Dear friends
Though two years passed, Govt. of Odisha has not responded to the notice of National Human Rights Commission on Complaint relating to cases of   Farmers’ suicide  despite several reminders . On 22.1.18, the NHRC has issued  final reminder to Chief Secretary, Govt. of Odisha  to reply  about  complaint  filed  by Pradip Pradhan, Advisor to National Human Rights Commission  about allegation of  suicide of 30 debt-ridden  farmers  in 12 districts of Odisha.

 On 1.1.16., Sri Pradip Pradhan, Human Rights Activist had filed a complaint in NHRC alleging large –scale farmers’ suicide in Odisha in 2015. During this year, around 200 farmers committed suicide due to crop loss and debt burden.  In the event of denial of allegation of farmers’ suicide due to debt burden by the State administration,   the Civil Society Groups of Odisha constituted   Fact-finding team to make visits to ascertain the facts about the genuineness of the alleged suicides, the reasons behind it and the socio-economic condition of the family of the famers who committed suicide vis-a-vis the support, if any provided by the Govt. etc.  A five number of Team was constituted which covered 13 districts and personally met   30 famers’ suicide families from 25th Nov. to 10th Dec. 15.  The Team experienced precarious condition of the family, mental trauma suffered by the family members, failure of crop due to less rainfall, tension to repay the loan borrowed from private money lenders at exorbitant price ( 10% per month) etc. All the families   vociferously said crop failure and loan burden as the major reason for suicidal death of the farmers.  The details of the cases documented by the Team and presented in a State-level Public Hearing organised  in Bhubaneswar on 13.12.15.

Acting on complaint, on 15.2.16 while registering the case No.766/18/0/2016, NHRC called for report from the Chief Secretary, Govt. of Odisha within 4 weeks. In response,  the Joint Secretary, Home Department   forwarded the letter  dt. 28.7.16 addressed to the Principal Secretary, Department of Agriculture & Farmers’ Empowerment, Govt. of Odisha to send the requisite report directly to the Commission.  Finding no response, the Commission on  dated 13.12.17, issued another reminder to the Chief Secretary  to  submit the action taken report  latest by 31.1.2017.  Finding no response from the State Govt. within one year,  NHRC has issued  final reminder  to  State Government on 22.1.18  to produce the ATR   within four weeks failing which the Commission shall be constrained to invoke coercive process under Section 13 of the Protection of Human Rights Act, 1991.


It shows how the State Govt. is  callous   to address the problem of farmers and trying to cover up  the  reasons behind  the farmers ‘ suicide in Odisha

Pradip Pradhan
Complainant and Advisor to NHRC , New Delhi

Date-29.1.18 

Friday, January 26, 2018

Rape Victim Committed Suicide in Banapur under Khurda District, Odisha

Rape Victim Committed Suicide in Banapur under Khurda District, Odisha

Nishamani Behera, 16 year old 10th Class student of Suangadia village under Banapur block of Khurda district committed suicide on 24.1.18  due to failure of the police of Banapur police to  conduct inquiry and  nab the culprits. As the FIR filed by the parents on 2.1.18, it was observed that on 31.12.17, the accused Nimei Palai, aged 24 raped Nishamani in her house in night and assured her to marriage. On the next day morning, the parents of rape victim ( Kartikeshwar Behera)  appraised  the villagers  about the incident and sought their support to resolve the issue. The villagers   after a lot of discussion in the village meeting negotiated with both the groups and suggested the parents of rape accused for proposal of marriage. The parents of Nimei Palai turned down the proposal.  Then on 2.1.18, Sri Kartikeswar Behera, father of Rape victim filed FIR in Banapur Police station against Nimei Palai. The police registered the case under section 376 (2)(i) of IPC, 1860 and section 6 of POCSO Act.   The police also recorded her statement before Judicial Magistrate, Khurda. 

Though the police registered the case, they did not conduct any inquiry.  It is alleged that the police was heavily bribed and facilitated the culprit to go on absconding.  Though 22 days passed, the police did not arrest anybody.  On the other side, the victim continues to suffer from mental trauma. She remained psychologically depressed and her ordeal continues. Despite repeated appeals by the parents, the police remained silence and did not conduct any inquiry.   

At last on 24.1.18, the rape victim consumed poison and committed suicide. The police negligence takes another death toll  in Odisha.

Pradip Pradhan
M-9937843482

Date-26.1.18 

Sunday, January 21, 2018

Report of Public Hearing on "Alleged Rape Cases and Status of Rape Victims in Odisha"

Public Hearing onStatus of Alleged Rape cases and Situation of Rape Victims in Odisha” – A Report
Venue: Lohia Bhawan, Bhubaneswar, Date- 29.12.2017

Since few years, Odisha  has witnessed  a rising trend of crimes like rape and molestation  on woman,  and offense against tribal,  dalit and children  due to negligence of  police either to register the FIRs of victim or/and  undertake to have proper inquiry in order to take prompt measures to  nab the culprits. In many cases, the investigative agency is seen to derail and dilute investigation after being pressurised by the people at the top.  In the name of investigation, the police has threatened and tortured the victims and compelled them to withdraw the allegation.  The poor victims suffer from humiliation, mental trauma and social exclusion and could not voice out their protest against the police.  They run from pillar to post to get justice, but there is no effect.

The recent incident, a Dalit  girl from Kunduli village of Koraput Dist. has become rape victim by Cobra Para-Military force and a rape of Kasturi  Samantaray, a school teacher consequent death as alleged by her parents in Kendrapara district aretwo bright examples in questions ofthe police. It seems their intention of masterminded to suppress the facts and dilute the investigations. Media has also highlighted how Kunduli Rape victim has been humiliated and tortured by the police to pressurize to withdraw the statement made on the rape by Cobra Police.   Similarly, the parents of Kasturi were bribed by Kendrapara district administration to withdraw the allegation. Many women employees have also filed allegation of being lured and molested by Govt. officials. Many poor Dalit girls have been raped and sexually exploited in remote pockets of the state whose voice of protest has not reached at appropriate authority or suppressed by local police. The case of constant rape of a disable girl in Sisuapada village under Deland block of Puri district and given birth to an illegitimate child has not been investigated by the police of Deland police station.  

Under this backdrop, a Public Hearing was organised by Civil Society Groups with the objective of providing platform to rape victims and their relatives to speak about their allegation and as well as humiliation and mental trauma sufferance by them, the status of police investigation and justice if any delivered  to them and their continuing struggle for justice.  We have identified a few cases of allegation of rapes and how the police have allowed the criminals’ scot free.  The public hearing was organised under the aegis of Civil Society Forum on Human Rights, CACL, Odisha and Civil Society Group, Bhubaneswar atLohia Academy Bhubaneswar on 29.12.17.  The Jury members were Justice Hrudaya Ballav Das, Retired CBI Judge, Sri Prasanna Kumar Mishra, retired IAS, Sri Rabi Das, senior journalist and Mrs. AparnaNayak, Woman Activist. Around 200 woman activists, NGOs, advocates, intellectuals, journalists, RTI Activists had attended the public hearing and shared their views with the victims. Smt. SanjuktaPanigrahi, renowned Woman Activist and Sri Akhand, Huamn Rights Activist had coordinated the Public hearing.

The presentation made by Rape Victims and the girls sexually exploited and harassed by the Govt. officials and the people close to powerful people is as follows.

1.       Ahuti Mohanty, Khunta, Mayurbhanj
Miss Ahuti Mohanty , aged 24,  D/O-  Chitta Ranjan Mohanty, At/Post- Bayalamara, Via- Bahanada, PS- Khunta , Dist-Mayurbhanj  presented   before  Jury of Public Hearing   about her  unstinted fight  against  sexual  exploitation, torture and assault by powerful people.  The whole house got mum for few minutes having heard her ordeal, suffering and struggle for justice. Brought up in a poor middle class family, Ahuti uses to write poem in Odia daily newspaper. Her poem drew attention ofMr. Rajesh Pravakar Patil, the then Collector of Mayurbhanj district who calledvAhuti to his residence office and appreciated her poem.  On request of Ahuti, he agreed to give her a job. On 31.10.15, Ms. Ahuti Mohanty was appointed as a temporary Tutor in Gopabandhu Balashram, Baripada with a nominal remuneration of Rs. 3000.00 per month. She joined in service on 1.11.15. After few days, the Collector called her to his chamber and appraised her to stayin the hostel of said Balashram. Though reluctant, she was forced to stay in hostel to look after the pupil. During course of her stay at Balashram, it came to her knowledge that the pupils are exploited and tortured in the said unit. Innutritious food is served. The officials on visit to the said school exploit the girls in an inebriated state of mind under the influence of liquor. After seeing all such nefarious activities committed to the students, she could not tolerate but informed the same to the Collector repeatedly. But without taking any steps, the Collector asked her to mind in her own work and   assured her to make her job permanent and asked her to accompany him to different places with evil design. On the other  hand she also  noticed  that Dayasindhu Parida, Deputy Collector   visited  the said Ashram  in late hours of night  on several occasions and pleaded  her virginity  to satiate  his sexual  appetite. He had also asked her many times sexual favour. But she restrained her from such ideas. But  the  Deputy Collector  used to send  vulgar  and sex  message  to  her mobile (9439311433)  from his mobile (9861140619). As she could not fall in their trap, they conspired to oust her from service. They engaged subordinate staffs to defame herpublicly so that no one could give any attention to herallegation.

One day she discovered Sitanshu, driver of Superintendent of Police, Mayurbhanj approaching her to help to file FIR against officials and succeeded in building confidence to fight for justice.  But in the name of helping me, Sitanshu and Manish, Personal Security Officer were beaten up and tortured her in the office of Police Sanghusing slang language. Later, she came to know that they were engaged by Collector to harass her.  Then Ahuti filed complaint to SP, Mayurbhanj against the driver and Collector and Deputy Collector who had hatched conspiracy against her. SP ordered Manas Mohanty, R.I. to enquire into the matter. But Sri Mohanty did not conduct any inquiry rather the driver Sitanshu threatened to murder her. Then on 23.2.2016,she filed a F.I.R against the Collector, Deputy Collector and driver Sitanshu. But the Inspector In-Charge, Baripada Town police station refused to receive the FIR. Thereafter, the officials engaged many people to torture Ahuti physically, mentally, a lot. On 21.6.16, the District officials managed to file FIR against Ahuti by Anuradha Das, Marten, Gopabandhu Balashram who complained upon Ahuti threatening to murder her. Interestingly, the police immediately registered FIR under section 294,341,386,506,500 of IPC corresponding to G.R.Case No. 722 of 2016 pending in the court of S.D.J.M., Baripadaand started enquiry to arrest Ahuti. Ahuti got absconding to avoid arrest andsucceeding to get bail from Odisha High Court on 30.6.16.

Whereas, she was fighting for justice, BabitaKar and SatyaRanjanShamal of Friends Foundation Trust, Bhubaneswarmade a call introducing them and assured her to fight for the justice. Believing them, she arrived in Bhubaneswar on 23.6.17.  They arranged her stay in a Hotel on Cuttack Road, Bhubaneswar and helped her to file a case in the Court of S.D.J.M. But later, they harassed her. On 27.8.16, she met Deputy Commissioner of Police, Bhubaneswar and lodged complaint against them. Finding no result, on 13.9.16, she filed FIR inMahila Police station, Bhubaneswar against them. The police registered the case No. 175(4)/2016 under section 294/323/354/354(A)/354 (C), of IPC. On 26.9.16, she also filed complaint to Police Commissioner, Bhubaneswar-Cuttack police Commissionerate seeking justice.

On 7.6.16, she filed complaint to Chairperson, State Commission for Women, Odisha, Bhubaneswar seeking justice. The case was registered as Case No. MBJ/500/16. But she is yet to get justice from the Commission. On 1.10.16,she registered another complaint and sent by post to the Chief Minister, Odisha seeking direction to Police for an enquire into her allegation and malicious campaign going on in social media against her.

On 15.4.17, Ahuti sent a complaint to Prime Minister, India describing details of police inaction onher complaint of sexual harassment and seeking justice. On 13.6.17, the Prime Minister office issued notice to Chief Secretary, Odisha to enquire into the matter and take appropriate action. On 2.8.17, the Dept. of General Administration and Pubic Grievances sent a letter to Home Dept. to take action on the complaint of Ahuti Mohanty received from Prime Minister. On 29.8.17, the Home Dept. directed the DG and IG police, Odisha and Superintendent of Police, Mayurbhanj to enquire into her matter. On 8.12.17, the Project Director, DRDA, Baripada issued letter to Ahuti Mohanty to attend the said enquiry on 22.12.17 in his office chamber. She gave her statement in the query.  Nothing has happened till yet. She is still struggling to get justice.

2.       Kunduli Rape Victim  of Koraput district
Kunduli rape victim along with her mother presented the whole incidence of how she was raped by Cobra Para-military force, failure of police to investigate into her allegation and conspiracy of the district administration to dilute case, police torture and harassment faced by her during  her treatment. Her presentation before Jury is as follows:

“On 10.10.17, she had been to Kunduli market to take her photograph required for Caste certificate. On her return to home at Lenjiguda Ghati , four Cobra Para-Military forcibly   took her  inside forest, tore  her clothes and gang raped her.  During that time she lost her sense.  Then, after some time she recovered her sense and returned to home. She met Bada Ma (wife of elder brother of Father) and appraised her about rape. She carried her to home.  Immediately her mother took her to Kunduli Primary Health Centre by auto rickshaw at around 12 o’clock. After first-hand treatment, the doctor immediately referred me to District Head quarter Hospital for more treatment, as my condition was serious. After being admitted in Koraput hospital, the police and District Child Protection Officer reached in the hospital.   I was feeling ill and could not walk properly. The doctor started medical treatment. On the same day, the police interrogated me throughout night and persuaded me to saythe police had not raped but the local people might have raped me”.  Every time, the police officers, Inquiry officers were pressurising me not to tell that you were raped. During my treatment and stay in hostel, the investigating officers were pressuring me to withdraw the allegations.  Though I was requesting to meet my family members, they were not allowing me to meet them.  Similarly, the family members were also not allowed to meet me, as told by my aunty who forcibly entered into my room and discussed with me about my health problem. I was not getting satisfied the way the treatment was  going on.

One-day (she could not recall the date), a police team carried me from hospital to the spot of incidence of rape without giving any food and then after spot verification, I was brought to office of Child Welfare Committee. Then I was carried to Hostel at Jeypore and Child Development Protection Officer (CDPO) left me alone there. It was 11 PM.  CDPO has misbehaved me several times and threatened me.  I was not given food throughout the day.  I suffered from stomach problem due to hunger.  When I complained about it, I was given tablet and asked to take in empty stomach.  I could not sleep in the night, as I had not taken any food. On next day, my condition became critical and I was admitted in Jeypore medical by police.  I was humiliated by the police on the way to hospital. They told me that I was pretending and telling lie against Cobra police. I was provided with lunch at 3 PM.  I was not allowed to talk with my family in the hospital, though my family members made desperate attempts to meet me. Then after being discharged from Hospital, I was carried to Salam Hostel, Dumurput, Koraput.  In hostel, a police team persuaded me to tell that the Cobra police had not raped me. Then we will release you. One day ADG police ( Mahendra Pratap, Additional  Director General of Police, Human Rights Protection Cell, Govt. of Odisha ) along with a police team also met me at night and enquired to know the incident. I told everything. He persuaded me repeatedly not to tell name of Cobra, but to write names of four local people as in a plain paper provided by him.  They also tried to give me money amounting Rs. 90,000.00 as bribe to withdraw the allegation. He pressurised me time and again to write four names of local people. I brought paper from his hand and wrote ADG, SP, IIC. He got angry and tore it and left the room.

 On 18.11.17, I was carried to S.C.B. Medical, Cuttack and admitted on 19.11.17.  I was tied with bed in ICU of New Medicine Block. The doctors took my signature in plain paper for the reasons best known to them. In medical, I was completely OK and physically fit. I persuaded doctor to allow me to go home. I do not want to stay here. I do not require any treatment.  They were not allowing me to talk anybody, rather tortured me mentally. I was kept under surveillance like an accused in medical.  I got hope when my mother met me in hospital. Though my mother met me in hospital, I was not allowed to share anything, as the lady police officer stood by us. I requested my mother to take me from this hospital. On 27.11.17 when I was discharged from medical at 2 PM, I was escorted by police and not allowed to meet anyone. I could not understand why the police was escorting me all the times and did not allow me to meet anybody.  Though the police didn’t like my mother & aunt to be with me, yet they were forced to allow my mother and aunty to accompany me in the vehicle. On the way, the police forcibly took out the mobile   from my mother. We reached at Hostel, Chhapar of Koraput at 12 pm. I was kept there in the night. On 28.11.17, I was carried to be produced before Child Welfare Committee, Koraput and got released from clutches of devils.

Statement of Mother of Kunduli Victim
Whenever we have tried to meet our daughter, the police have not allowed us. Even in S.C.B. Medical, Cuttack where my daughter was undergoing treatment, I was not allowed to spend few times with her.  Whenever I met her in medical for few minutes after due approval of the authority,  I was surrounded by the police and other medical staff  and our interaction  is also monitored by the police.  She was being tortured by the police, DCPO and Medical staff several times in the name of treatment.  Though my daughter has made repeated appeals to go home, she was forcibly kept under police surveillance. She has been persuaded and pressurised by the police to tell that she was not raped.  However despite torture, mental harassment, my daughter has not bowed down to their pressure.  My question is- if my daughter was not raped, what treatment was goingon and why she was kept under police protection’. The administration had hatched conspiracy to kill my daughter in order to save Cobra police, as she is the only witness to her allegation of rape. In S.C.B. Medical, the doctors have conspired to admit her in mental ward declaring her a psychiatric patient.  Had she been admitted, they could have easily made her mad.  But due to our timely intervention, we succeeded in releasing her from Medical.  When CWC, Koraput released  my daughter, I was  asked  to give an undertaking  that  I would take care of my  children and would be responsible  for any untoward incident, if  any happened  to my daughter. While releasing my daughter, CWC, Koraput  has put a lot of conditions which are not acceptable  to me. But I was forced to sign just to get my daughter released from their control.   One of the  conditions imposed  by CWC  was  that  without permission of CWC,  the parents  cannot take  their daughter  out of the jurisdiction of CWC.   Now my daughter is fine and now she will fight for her justice.

3.         Revenue Inspector of Kanas Tahasil , Puri
This case was presented by Pradip Pradhan, Human Rights Activist before Jury, as the victim,  a  Dalit and Govt. employee presently serving  as Revenue Inspector under Gop Tahasil of Puri district had refused  to be publicly exposed  and present her ordeal.   

The Victim   was working as Revenue Inspector in Badas Circle under Kanas Tahasil of Puri district. On 23.3.16, she had gone to Kanas Tahasil for official work.  On that day, Sri Umakant Bal, senior clerk used very slang language against   her while appraising Tahasildar about her presence in the office.  When she wanted to know about the reason, SriBal got enraged and displayed very rude behaviour with casteist remarks against her. She also gave a push on her chest which has been recorded in CCTV camera.  She was humiliated and on her way   back to home,   made a call to Sri Sanjay Pratihari, Tahasilar, Kanas. Tahasildar did not respond. Prior to this incident, Sri Bal and Tahasildar had misbehaved her several times and displayed sexual remarks and compelling her to work in Tahasiloffice even up to 9 PM with much harassment and humiliation.  It is to be mentioned here that since her joining, Sri Bal had been adopting various tricks to get closer and lure her for sexual benefit.  He had also advised her to get closer to Tahasildar and could take any benefits from him. 

However, after getting  humiliated  and harassed  with sexual remarks,  at first    she along with her mother went  to meet  Sri Madhusudan Das , Sub-Collector, Puri  and  filed  complaint  against  Sri Umakant Bal  and Tahasildar.  He assured her to solve the matter within 3 days but did not take any steps till 6.4.2016. On 7.4.16, the Victim personally met the Collector, Puri and   filed Complaint   seeking an inquiry and quick action against the culprits. On 17.4.2016, she filed complaint to Dr. Sarthak Sarangi, SP, Puri seeking an inquiry and action against perpetrators of crime. Nothing happened. No inquiry conducted. Rather both of them supported to Tahasildar. 25.4.17,   she wrote a letter to the Chief Minister, Odishaa appraising him about details of incident and sexual harassment caused to her and prayed for action against both Tahasildar and Head Clerk. On same day, she filed complaint to  Odisha Human Rights Commission, National Commission for Women, New Delhi, State Commission for Women, national Commission for Scheduled Caste and  National Human Rights Commission,  seeking an inquiry into it.

In the meantime, OHRC has closed the case on the basis of report produced by SP, Puri. NHRC had issued to Human Rights Protection Cell, Cuttack, Govt. of Odisha for inquiry.  Though HRPC conducted an inquiry, the inquiry report has not yet been submitted to NHRC, New Delhi. She had also filed RTI to get CD of recording of CCTV Camera which was denied to her. Now she had been transferred to GOP Tahasil, Puri and still struggling toget justice.

4.       Rape victim of Sisuapada village under Delang block of Puri district
While displaying bunch of papers, Bebina Jena, Mother of Rape victim presented before Jury in a Public Hearing, held in Bhubaneswar on 29.12.17.   About her disable minor daughter being raped, inaction of the police and her struggle for justice. She said that her daughter, aged 15 years is reading in 10th Class of Barada Babalpur High School.  On 29.6.2017, her daughter complained of being suffering from stomach pain. Then she carried her to hospital and after medical examination, the doctor confirmed that she is pregnant. Then she asked her daughter about it. She said that one day while she was returning from the school; Ramesh Ch. Martha of Balihankar village raped her in a lonely place (near Mango tree, Balihunka) nearby river bed.   Ramesh threatened her not to disclose it to anybody.   Out of fear, the victim did not share us about this incident. As she recalled, Ramesh had raped her thrice on her way back to home. Then she developed pregnancy.

On 30.6.17, she formally filed FIR in Delang police station seeking arrest of the culprits. The Delang police station registered the case under section 376 (2) (i) (n) /506 of IPC and under section 6 of POSCO Act. But the police remained silence and did not undertake investigation. On 21.7.17, her daughter delivered an illegitimate child. Finding police inaction, she made a complaint to Superintendent of Police, Puri on 25.7.17. About Delang police conspiring to cover up the investigation and protecting the culprits.  Now, the family of the accused are threatening them to withdraw the case and the police supporting them. On 28.7.17, she approached State Commission for Women, Odisha, Bhubaneswar to get justice and on 1.9.17, she   has also filed complaint to Odisha State Commission for Protection of Child Rights (OSCPCR), Bhubaneswar seeking an enquiry into it.  Though 4 months have passed,   the police has failed to nab the culprits. In the meantime, the police has allowed to the culprits   to move to High Court to get advance bail. She also alleged that as the culprit is associated with BijuJanata Dal, the police could not take any steps to arrest him.  In the meantime, she had met SP, Puri thrice to get justice, but in vain.

5.       Rape Victim of Raj Sunakhela of Nayagarh district
As Pratima Nayak(M- 7749962942), mother of Rape Victim could not come to attend the Public Hearing, Mrs. Sharmila Nayak, President of  State Woman Unit of  Republic Party of India, on behalf of the victim presented  the issue  how the police mishandled  the investigation and misbehaved  the victim in the police station.

The victim, aged 20, belongs to Scheduled Caste Community of Chhanapali Patna village of Surugabali Panchayat of Ranpur block under Nayagarh district.   When she had gone to latrine in night on 30.11.17, Sushant Nayak of that village took her inside a dilapidated house and raped her. After hearing from daughter, Pratima Nayak informed the villager leaders   about it and sought the support to resolve it.  Finding no justice from the villagers, he lodged FIR against the accused sushant Nayak and his father, Gadadhar Nayak and elder brother in Rajsunakhela Outpost on 3.12.17.  But the Sub-Inspector refused to receive the FIR and misbehaved her.  However, on 4.12.17, the Sub-Inspector registered FIR (Case no. 303/2017) but did not   conduct any query.  On 5.12.17,Pratima along with her daughter met SP, Nayagarh and filed complaint against the police inaction.  After intervention of SP, the police undertook medical examination of victim and started inquiry by visiting the place of incidence.  But the accused  Sushant Nayak got absconding from the village.  The police could not arrest anybody rather facilitated father and brother to get bail from High Court.  The victim is still fighting for justice.

6.       Rape  and Mysterious Death of Kasturi Samantaray, a 10th Class Student  of Kendrapara district
Supriya samantaray and Bibhuti Samantaray, Parents  of  Kasturi Samantaray,  Rape victim who died under mysterious  circumstance presented  before  Jury  about rape of their daughter  in the school  premises  and   conspiracy of the police to cover up the case and  their  relentless struggle to get justice.

Kasturi was the student of 10th Class of Rukuni Devi High School, Adagaon village under Indol Gram Panchayat of Derabisi block. She was meritorious student and Sportsman. On 22nd Sept.17, she was carried by her sports teacher to Rajendra Narayan High School, Rajkanika to attend the Annual Sports festival.  On 23rd Sept., kasturi returned with the Sports Teacher toher house.  The parents found her mentally imbalance and wanted to know from her about the reason.  She shared how she was raped in the night and said that she did not want to live.  On the next day, she started vomiting and the parents carried her to Kendrapara hospital where the doctor declared her dead.  But   though   the dead body was kept ready for post-mortem, Doctor Nihar Ranjan Praharaj getting a phone call refused to conduct post-mortem. Everybody present in the hospital got astonished and suspected conspiracy behind it.  Then, her dead body was carried to S.C.B Medical, Cuttack for Post-Mortem.  But astonishingly, the Post-Mortem report has not been submitted to them.

It deserves to be mentioned here that Satya brata Sahu, peon of District Education Officer was caught in compromising position in night at 2 pm and he was also beaten up. It was reported to DEO in the night. But the authority of R.N. High School did not file any complaint in local police station. They tried to cover it up and send the girl to her village.

Alleging death of their daughter due to rape, the parents lodged FIR in local police station.  But the police did not conduct any inquiry rather tried to suppress it.  Then, the parents met Collector and SP of Kendrapara and requested them to arrest the culprits and give them justice. But the while district administration sat over complaint and tried to dilute the case giving an impression that death of Kasturi is natural death.  In the meantime, the Head Master of Rukuni Devi High School gave them Rs. 8000.00 as bribe and requested them not to pursue the case. On 23rd Nov. a massive rally and demonstration under banner of 20 Social Organisations was organised in Kendrapara with participation of hundreds of people demanding immediate arrest of the culprits. The parents also approached National Commission for Protection of Child Rights, State Commission for Protection of Child Rights, State Commission for Women by filling complaints seeking inquiry into the matter. On 13.10.17, NCPCR had given direction to SP, Kendrapara to enquire into the allegation and take action within 7 days.  But though 3 months have passed, the administration has not taken any steps to nab the culprits.  The parents also attempted self-immolation in front of residence of Chief Minister, Odisha. However, the police rescued and assured them to give justice. They appealed to all the participants and Jury members to cooperate them in their fight for justice.

7.       Death of Pravati ( Barsha)  Patra,  Rape victim of  Jajpur district
Akhaji Patra of Damodar Pur village, Mother of Pravati Patra, a Dalit who was murdered allegedly after being raped   along with Biswanath Patra, Human Rights Activist narrated   before Jury the police inaction into her complaint about mysterious death of her daughter and her struggle for justice.

Her daughter was the student of +3 Arts in Sukinda College of Jajpur district. On 24.8.17, in the early morning, she had gone for tuition to nearby village.  Few people saw her dead body at Nullah nearer to their village. Within few hours, the police team reached on the spot, carried the body for post-mortem and conducted inquiry.   The parents alleged to the police that their daughter had been murdered and demanded enquiry.  But finding no response from the police after waiting for 4 days, they formally lodged FIR in Sukinda police station.  On 28.8.17, the police registered FIR as case No. 68/2017.  But the police did not conduct any inquiry and tried to suppress it.  Then, the villagers and students of Sukinda College organised Road block movement and blocked State High way connecting Kalinga Nagar.  The Addl. SP, IIC of Kalinga Nagar Police station and Sukinda police station reached on the spot and called all the villagers for discussion.  During discussion, the parents alleged that Sri Sibu Soren, BJD worker close to Priti Ranjan Ghadei, local MLA was in love affairs with our daughter.   Sibu has murdered her daughter.  The police assured them to take action.  After few days, the police asked the parents to receive Rs. 4, 00,000.00 from Tahasildar and not to pursue the case. The parents refused to receive the same and along with Social Activists, Members of Transgender Community and villagers met SP, Jajpur on 8.9.17 for inquiry into alleged murder of Pravati Patra. Finding no action from SP, the parents appraised DG, Police on 20.9.17 about police inaction and requested for inquiry and give them justice.  Now the local police have threatened villagers   to withdraw complaint and not to pursue the matter.  The police is also putting pressure on parents time and again to withdraw the case.  They are still trying hard and pursuing the case to get the culprit arrested and gets justice.

8.       Pre-planned Murder of Snehalata Chhatria, a Dalit girl of Khaparakhol Block of Bolangir district
Sri Sangram Mallik, Dalit Activist who had taken the case of Murder of Snehalata Chhatria had presented   before Jury the details of incident, police inaction and struggle of Dalit Activists to fight out this case and subsequent Crime Branch inquiry ordered by Govt.

Snehalata Chhatria is elder daughter of Dalimba Chhatria of Sargipali village under Khaprakhol block of Bolangir district. On 22.5.15, while she had been to take bath to a stream, she could not return to home. After day-long thorough search, the villagers found her dead body in a bush jungle.   Her body was found attacked with deadly weapons and her face disfigured with pouring of acid.  The private part of her body including vagina was also attacked. The police  seized  the dead body of Snehalata  and registered  a case  under section 363, 364,302,376(2) (i) of  IPC and section 4 of POSCO Act  ( Case No. 34/2015)  and conducted inquiry.  It was suspected that as Snehalata was organising movement against illegal liquor business, the liquor mafias might have murdered them. After seven days of the incident, on 29.5.17, a high-level fact-finding Team had visited the spot to enquire into the matter.  The Team had also met Bhanu Shankar Yadav, IIC and Pradeep Mohapatra, SDPO, Patnagarh and discussed with them.  The police had not reached any conclusion nor arrested anybody. The Collector had given Rs. 5000.00 to the parents.  The fact-finding team had demanded CBI inquiry and award of 20 lakh compensation to the parents. However, there was protest rally and demonstration in front of office of Collector, Bolangir on 19.6.15 and gherao of Assembly on 25.6.15. The police arrested two people in this case. The State Govt. handed over this case for investigation to Crime branch. The Crime Branch, Cuttack registered the case No.15 on 30.6.2015.  As the police did not find charge sheet in the court, the two accused released on bail on 2.11.15.  The district administration had provided  to the family of victim financial assistance of   Rs. 15,000.00 from Red Cross Fund  and  Gram Panchayat Rs.2000.00 and Rs. 2,81,250.00 as compensation under  SC &ST ( prevention of Atrocity) Act,1989. After one year of the incident, finding no improvement of inquiry  by Crime Branch,  on 12.5.16,  Civil Society Organisations met  D.G. police and submitted memorandum  for CBI inquiry. On 10.6.16, the State Government released notification for handing over the case to CBI.  On 23.5.17, a Civil Society delegation met SP, CBI to   discuss about progress of investigation.  It was found that no such decision taken yet for investigation. Now a case has been filed in Odisha High Court seeking CBI inquiry into it. Though two and half years have passed, the investigation has been consciously diluted by Odisha police and the family of victim struggling hard to get justice.

Reaction of the House
After presentation by the Victims and their families, the representative of political parties, Human Rights Activist and Woman Activists expressed their concern and condemned inaction and negligence of the police to investigate the cases of such grave nature.  Sri Biswa Mohan Mohanty, Spokesperson of Congress criticised the Govt. for providing protection to the accused  and diluting investigation and demanded CBI inquiry into all  rape and murder cases. Due to inaction of the police, the culprits are encouraged to commit such crime for which it is raising day by day.  Sri Dhirendra Panda, eminent Human Rights Activist spoke about failure of all Commissions like Odisha Human Rights Commission, State Commission for Women and State Child Rights Commission, Child Welfare Committee for their failure to dispense justice to the victim.  These Commissions have miserably failed to perform their own duties and working to satisfy the Govt. for the reasons best known to them. Other dignitaries Sri Jiauddin Muhammad, Jyostna Rout, Tapan Mishra and many others condemned State Govt. for its negligence to arrest the culprits and dilute the investigation. They called for massive campaign and movement in the state forjustice to the victim.

Recommendation of Jury
During presentation by victims and their family members, the Jury members were putting a lot of questions seeking clarification about their cases. After hearing these cases,  the Jury  is of the view that  all the allegations / complaints presented are genuine  and substantiate police negligence  to investigate the cases properly and recommended to State Govt. for  constitution of  SIT (Special Investigative Team) to investigate into the matter and complete the same within stipulated time period. The Jury members also recommended   that a team of Civil Society Groups should meet Chief Justice, Odisha for taking these cases sou  motto in order to give justice to the victim.  The Jury also thanked all the participants and organisers for organising such public hearing to give justice to innocent girls and Dalit families.

Report prepared by:
PradipPradhan                   SanjuktaPanigarhi                        Sri Akhand
Human Rights Activist       Human Rights Activist                 Human Rights Activist
M-9937843482                    M- 9238598756                               M- 7008816891

Sachikant Pradhan          Pratap Sahu                                    Srikant Pakal
Human Rights Activist     Human Rights Activist                   RTI Activist
M- 8249164980                 M- 8637238600                                M-9338455092