Monday, November 28, 2016

Updating Civil Society Intervention on “Child Death in Malkangiri district of Odisha”

Updating Civil Society Intervention on “Child Death in Malkangiri district of Odisha”



The large-scale child death due to hunger, malnutrition and   absence of effective health service delivery system in Malkangiri has prompted Civil Society Groups to intervene and play an effective role to check the disaster. Child death is not new phenomena in Malkangiri.  Like other tribal districts, thousands of tribal children are dying every year in the district after being suffered from Malaria, dysentery, diarrhoea, stomach problem, pneumonia etc. and lack of proper treatment in Govt. hospitals. The information obtained  under RTI from the office of CDMO, Malkangiri on 3.11.12   has exposed  that  from 2007-08  to 2011-12, around 7400 children  have died due to contraction of  various diseases like  Epilepsy, ATI, LBW, Diarrhea, Ashthma, Fits, Burning, UND, Septicemia, Birth Asphyxia, Fever related ailments and Boll cancer etc.  The Govt. ‘s claim of child death  due to outbreak of Japanese Encephalitis disease  and later on consumption of Chakunda seed in  2016 is designed  to befool  the people and suppress the fact.  As per Govt. report out of 90 cases of child death (blood sample was tested), child death due to Japanese Encephalitis is in 30 cases only. So the reason of death of other children is not known to Govt.  So it is proved that the child death due to JE is not properly established by the State Govt.  As per media report, 136 children have died till 28.11.16. against 400 child death as per non-Govt. source.

In view of child death in Malkanagiri  due to Japanese Encephalitis in 2012, a Fact-Finding Team of  Right to Food Campaign, Odisha had visited   the district to ascertain the fact and tried  to find out the reason of  child death  from non-technical point of view.  The team had  come across  disastrous  implementation of ICDS and MDM programme, huge corruption and irregularities in various services, denial of health service, large number of malnourished children etc.

After reported child death in Malkangiri  in mass media,   a number of steps have  taken by  Civil Society Groups  to  study  the reason of the  death of the children, intervention of the Govt. , local situation,  socio-economic condition of the tribals,   consumption of food by the tribals,  health delivery system, implementation of food security programme etc.  Besides that,  they have also taken number of advocacy effort to fight it out at different level.  These are  as follows.

Date
                                                  Intervention
18th to 20th Oct. 2016
A four-member Fact-finding Team of Right to Food Campaign, Odisha  comprising  Pradip Pradhan, State Convener, Right to Food Campaign, Odisha and Member, Advisory Group of NHRC on Right to Food, Sri Ashok Patnaik, Advocate and RTI Activist, Sri Bikash Dandsena, Social Activist, Malkangiri, Sri Era Padiami, Tribal Activist, Malkangiri had made 3-day visit to the district, made in-depth study of the situation. The Report exposed  callous, insensitivity  of  district administration, disastrous health system,  failure of food security programme, bad governance, denial of nutritious food to the children etc. 
20.10.16
A Press Meet was organised  in Malkangiri  district headquarter  and the  Fact-finding Report was shared with media.


21.10.16
A Memorandum along with Fact-finding Report   was presented to the Collector, Malkangiri
21.10.16
 Compliant case was filed to National Human Rights Commission, New Delhi seeking intervention of the Commission as it is a case of denial of Right to life and food guaranteed under the Constitution.  The relief was sought for sending special enquiry team to Malkangiri and awarding compensation of Rs. 5 lakh to the families. NHRC has already issued notice to state Govt.
27.10.16
  Complaint Case was filed to State Food Commission and Odisha State Commission for Child Rights seeking their intervention to check child death in Malkangiri.
5.11.16
Following  the  complaint,  State Food Commission   called a meeting  for  discussion on child death issue  and explored  the possibility of intervention   in Malkangiri  
17.11.16
A state level workshop was organised to debate and discuss on above mentioned issues and finding out the scope for intervention of Civil Society in Malkangiri under aegis of Right to Food Campaign, Odisha and Human Rights Front, Odisha at Red Cross Bhawan, Bhubaneswar Around 80 participants   including representatives of NGOs, Civil Society Groups, retired Govt. officials, experts had participated in the discourse and shared their views with the participants. It was decided to submit a memorandum to Governor, Odisha and to observe black-day  in Malkangiri.  
19.11.16
Civil Society Groups presented memorandum  to  Governor, Odisha  to exercise  his power  as  constitutional authority  for scheduled areas to constitute judicial commission  on Child Death,  review  all programme and issue direction to check   child death in Malkangiri.
19.11.16
 The Odisha High Court  issued  notice to both State Govt.  and Central Govt.  and Collector, Malkangiri on Writ Petition Case No. 19919 of 2016  filed  by Sri Ashok Patnaik, advocate and RTI Activist of Malkangiri  along with two tribals.  
21.11.16
A Black-Day  was observed in Malkangiri  and  protest Dharana was organised  in front of Collectorate office  condemning  failure of the State Govt.  to check child death and holding district administration responsible for it.
          
Pradip Pradhan
State Convener
Right to Food Campaign, Odisha
M-9937843482

Date- 28.11.16 

Sunday, November 20, 2016

Memorandum submitted to Governor, Odisha on JE of Malkangiri district, Odisha

To
Dr. S.C. Jamir                                                                                                  Date- 19.11.16
Hon’ble Governor, Odisha
Raj Bhawan
Bhubaneswar

Sub- Memorandum on “Child Death in Malkangiri”

Respected Sir

In the backdrop of death of more than one hundred children in Malakangiri district due to outbreak of Japanese Encephalitis (?),  a state-level  consultation  of Civil Society Groups  was organised  at Red Cross Bhawan, Bhubaneswar on 17.11.16 to  debate and discourse  about  issues relating to incidence of child death  and explore the opportunity of  intervention of Civil Society  to find out  permanent solution to it in terms of checking  child death in the district.

The meeting started  with welcome address  by  Sri Manoj Jena, Human Rights Activist and Core-Committee Member of NGO Cell of NHRC   followed by   presentation of two  Fact-finding Reports presented  by Sri Pradip Pradhan, State  Convener, Right to Food Campaign, Odisha  and Member of Advisory Group of NHRC, and Sri Gouranga Mohapatra, Convener, Jana Swasthya Abhijan, Odisha Chapter  who  depicted  child death  due to malnutrition  and hunger  among  the tribal children.  after presentation,  the house engulfed  in debating  the incidence of child  death from various perspectives  and  citing  various reasons  such  age-old negligence and callousness of the administration,  huge corruption and irregularities in implementation of Govt. programme, absence of effective grievance redressal mechanism and monitoring mechanism at district level, deliberate attempt  to suppress information about magnitude of child malnutrition, inaccesability to  food security programme and denial of entitlement,  bad-implementation of food security programme,  huge food insecurity among the tribals, disastrous health situation, mal-administration, vacancy in the  posts in different offices including District Hospital, PHC and CHC etc.

The prominent members who   participated in the consultation  were  Sri Panchanan Kanungo, former Minister, Govt. of Odisha, Sri Rabi Das, Senior Journalist, Sri Pratap Sahu, Dalit Rights Activists Sri Ashok Mallik, Kalandi Mallik, Prof. Jantrana Parikhit, Madhumita Rath, Suresh Panigrahi, CPI(M), Social Activists like  Ashok Das, Mrs. Usharani Behera, Ranjit Swain, Meghna Kinnar, Sri Sudhir Sabat and Sri Ranjit Patnaik from CACL, Sri Akhand, Human Rights Activist, Chandranath Dani, Prakash Nayak, Health expert  and many others.

After deliberation, the house felt that it is state-sponsored murder of  children in the district  and  unanimously passed the  resolution expressing deep concern over child death   and condemned negligence, lackadaisical attitude and failure of the State Govt.  to check child death in the district. The house also agreed that the reason of the child death as cited by Govt.  does not attribute only health hazard rather  food insecurity and malnutrition among the children for years together.  The house also resolved   to appraise His Excellency to exercise his power as custodian of the tribals of Malkangiri coming under fifth schedule of the Constitution and take the following steps including direction to the State Govt. to check the innocent lives from grave disaster.

A.      Constitute Commission of Enquiry to find out the reason of child death in face of diversed  views  on it  and fix responsibility  for such holocaust.

B.      Appoint High-level expert Team  to review  the relevance  of  numerous  development programme, manner of implementation of food security programme, whether  the programme itself is defective or it is badly implemented  with time-bound manner. The recommendation of the team should be properly implemented.

C.      Multi-stakeholder Grievance Redressal mechanism to be developed to hear the grievance of the people and address it within time limits and fixing responsibility on the erring officials.

D.     As reported, thousands of the tribal children are still suffering from malnutrition in the district who are in red zone. Massive drive needs to be undertaken to identify these children and special nutrition programme to be launched to improve their health condition.

E.      Transparency and accountability to be enforced in the implementation of development project and all food security programme.

F.       The huge vacancy  in   different category of Govt. posts should be filled up on war-footing way  to revamp administrative mechanism  to render service effectively and making it reach out at door step of the people.

Thanking you

Yours sincerely
Pradip Pradhan
Manoj Jena
Madhumita Rath
Dr. Rina Roy
Sanjay Sahu
Bijalalaxmi Routray


Tuesday, November 8, 2016

Public Money mindlessly spent by Odisha Bureaucracy

An amount of Rs. 44 lakhs spent for Renovation of Residence office of Collector, Kalahandi, Odisha

Dear friends
Misuse of public money by Odisha bureaucracy is very common under Nabin Patnaik Govt. in Odisha.  They spend public money on their own wish and fancies for their luxury and comfort.  Few years back, Mrunalini Darswal, the then collector of Nuapara district had misused NREGA fund for construction of swimming pool in the Collector’s residence violating all Rules and regulations. There was high-level enquiry into it after complaint was filed. However, the enquiry was suppressed by the State Govt.

Since last few years, RTI has been used by RTI Activists across the state to bring to limelight the huge misuse of public money by Odisha bureaucrats who are at helm of affairs and dictate the term for renovation of their office and residence and other work. It has been found that when an officer joins in new post, he or she immediately starts renovating   his or her office mindlessly without bothering its requirement and last repair work done. The offices and residence of the officers get renovated time and again even twice and thrice in a year, when there is   transfer or new posting and change in allotment of quarter.    A few days back, I have exposed  how huge  amount of  Rs. 32 lakh  has been spent  for renovation of  office  of  Managing Director  of  IDCO.

  RTI Application was submitted to the PIO, office of the Collector, Kalahandi  seeking information  about renovation of  residence office of Collector from  2010-11 to 2015-16. The present Collector of Kalahandi is Dr. Brunda D. IAS. On 31.10.16, the Executive Engineer, Kalahandi (R&B) has provided the information that an amount of Rs. 44 lakhs has been spent   for renovation of residence office of Collector  within six years.  The details are as follows.

Year
Expenditure ( Rs. in lakh)
2010-11
15.00
2011-12
2.00
2012-13
10.89
2013-14
4.44
2014-15
2.90
2015-16
8.24

Pradip Pradhan
M-9937843482

Date- 8.11.16 

Friday, November 4, 2016

33 lakh rupees earmarked for interior Decoration of Managing Director’s office of IDCO

An amount of Rs. 33 lakh earmarked for interior Decoration of Managing Director’s office of IDCO


It  has become  very common practice  in State administration  that those  bureaucrats  who are at helm of  affairs  spend huge money mindlessly  and carelessly  for  their luxury and comfort. They spend huge money  for renovation of their latrine,  bathroom,  interior decoration of their office, bed room in their quarters, balcony  They hardly pay attention  that they are using  money from state  exchequer   funded  by the poor  tax payers  of Odisha  who  continues  to pay tax  without objection  at the cost of their live  and livelihood  even  suffering  from hunger and malnutrition.  

Getting information from reliable  sources  about misuse of huge public money  by Managing Director, IDCO in name of renovation of his office  which  was not at all required, RTI Application  was submitted to the PIO, office of IDCO, Govt. of Odisha undertaking  seeking  information  about  details of expenditure made  for renovation  of office of  Managing Director, IDCO, Bhubaneswar  from 2009-10 to 2016-17.  The PIO on dated 24.10.16 has supplied the following information.

1.   From 2009-10 to 2015-16, no Managing Director or Chairman-cum-Managing Director has spent a single pie for renovation of their office. They were high-profile bureaucrats like Priyabrata Patnaik, CMD (25.1.10 to 22.12.11), Sri Pradeep Kumar Jena, CMD, (17.12.11 to 22.12.12).

2.   When Sri Sanjay Kumar Singh joined as Managing Director, IDCO on 30.11.15, he moved the proposal for renovation of the office.  Accordingly a proposal was made with estimated amount of Rs. 32, 82,900.00 for renovation of MD’s office and conference at IDCO tower, Bhubaneswar.   The total amount of Rs. 25, 33,433.00 has been spent till yet.

Pradip Pradhan
M-9937843482
Date- 2.11.16



Monday, October 31, 2016

History of Development of RTI movement in India

History of Development of RTI movement in India

1975
Supreme Court ruling in the case of State of UP vs Raj Narain talks about people’s right to know.
1982
Supreme Court ruling in the case S.P. Gupta & others vs The President of India & others talks about openness in government
1985
Affidavit filed by NGO Kalpavriksh in Supreme Court regarding the public’s right to know.
1986
Supreme Court in the case of Bombay Environmental Action Group v. Pune Cantonment Board gives right to inspect local authority documents to concerned citizens and groups.
1990
V.P.Singh government proposes to amend the Official Secrets Act and increase access to information.
1993
Draft RTI law proposed by the Consumer Education and Research Council, Ahmedabad.
1994
First MKSS led jan sunwai held in Rajasthan.
1995
First mass meeting organised in Beawar, Rajasthan by MKSS activists; Demand for a Right to Information articulated.
1996
Second mass dharna organised by MKSS at Beawar, Rajasthan, demanding a Right to Information; Formation of NCPRI; Conference of Chief Secretaries talks about a Right to Information Act.
1996
Workshop on Right to Information held at Lal Bahadur Shastri National Academy of Administration (LBSNAA), Mussoorie.
1996
Press Council drafts  RTI National Bill with NCPRI and circulated it to PM, all parliament members, CMs and legislators.
1996   
Tamil Nadu passes its legislation (April, 1996)
1997
“Working Group on Right to Information and Promotion of Open and Transparent Government” formed under H.D. Shourie
1997     
Goa (29th October, 1997) enacts RTI legislations
1998
Ram Jethmalani, then Minister for Urban Affairs and Employment, passes executive orders providing access to government documents in his Ministry to the general public, which is shot down by the PM.
1998
Madhya Pradesh passes its legislation (30th April, 1998).
2000
Karnataka (10th December 2000), Maharashtra (18th July, 2000) and Rajasthan (11th May, 2000) enact RTI legislations
2001
Delhi enacts RTI legislation (16th May, 2001)
2002
Freedom of Information bill passed by Parliament which was never notified.
2002 
 Assam enacts RTI legislation (7th May, 2002)
2003
Jammu and Kashmir  enacts RTI legislations (18th December, 2003)
2004   
UPA government sworn in; National Advisory Council formed; Right to Information Bill introduced in Parliament , fulfilling a promise made under the National Common Minimum Programme. FOI Act repealed.
2005
Right to Information Act 2005 is passed by Parliament in May 2005 and notified , comes into force on 12 October 2005



The time line has been prepared by Prashant Sharma, as part of his PhD research on the Right to Information, at the London School of Economics and Political Science. 

Sunday, October 30, 2016

State Govt.’s calculated move to keep the people of Odisha in dark on Mahanadi issue

State Govt.’s calculated move to keep the people of Odisha in dark on Mahanadi Water Dispute issue, exposed through RTI.



On the eve of Tripartite Meeting  invited  by  Uma Bharati, Minister  for Water Resources, Govt. of India  which  was held  at New Delhi on 17.9.16 to  discuss  on Mahanadi Water Dispute between Govt. of Odisha and Chhatisgarh,  Sri Nabin Patnaik,  Chief Minister of Odisha  has  made a public announcement  seeking  suggestion  from the people of Odisha   for resolution of the dispute and save Mahanadi.  Accordingly, a number of organisations, political parties and Civil Society Groups stand in queue for hours together to submit their views to Chief Minister from 14th to 16th Sept. As reported by many of my friends who had gone to submit their views, the Chief Minister conveyed  them thanks  without shaking  hand  and did not discuss  anything with them even not responded  to the issues raised by them. On 17.10.16,   after tripartite meeting is over, Sri Nabin Patnaik released a press release in New Delhi expressing his displeasure over the discussion and declared it as failure.

On 19.10.2016, RTI Application was submitted to the Dept. of General Administration and Water Resources seeking the following information.

i.Provide information about details of decision taken at Govt.  level to seek public opinion and suggestion by Chief Minister on Mahanadi Water dispute issue along with copy of file noting and copy of press release.
ii. Provide name of the organizations that   met Chief Minister personally and presented their suggestions with date of their meeting.
iii. Provide name of the officials who were in charge of compiling the suggestions given by different organizations.
iv. Provide copy of the suggestions given by different organisations which were included in report / document prepared for presentation by Chief Minister in tripartite meeting held at New Delhi on 17.9.16.
v. Provide name of the officials who prepared the documents for presentation by Chief Minister in tripartite meeting.
vi. Provide copy of the documents which was presented in tripartite meeting for discussion with Chhatisgarh Govt. facilitated  by Uma Bharati, Minister for Water resources.
vii. Provide information about details of outcome of the tripartite meeting and copy of press release given by Chief Minister

On 26.10.16, the PIO, office of Engineer-in-Chief, Water Resources provided the information.  After scrutinising the information, it was found that the information was found incomplete.  The PIO has denied many information. The PIO has just supplied copy of the submissions made by different groups and organisations, their names and name of two officers who scrutinised the documents.

But the PIO has not supplied the following most important information which is crucial   to be disseminated among the people of Odisha to understand the details of steps taken by State Govt.  to fight out Mahanadi Water dispute issue.  

A.    Documents which was presented by  Chief Minister  in tripartite meeting for discussion with Chhatisgarh Govt. facilitated  by Uma Bharati, Minister for Water resources.
B.   Copy of the suggestions given by different organisations which were included in report / document prepared for presentation by Chief Minister in tripartite meeting held at New Delhi on 17.9.16.

C.   Information about details of outcome of the tripartite meeting and copy of press release given by Chief Minister

Critical Remarks

A.   It is fact that the State Govt.  does not have  any information  about  Mahanadi water dispute issue.  Nabin Patnaik is just befooling the  people by creating war hysteria against Chhatisgarh among the people   to garner vote for Panchayat election. The people of Odisha should be conscious  about  nefarious  game plan of BJD Govt. 
B.   If the State Govt. is really interested to fight out Mahanadi water dispute issue,  then the Govt. must come forward to take the people in confidence  and  present all the information in public domain.
C.   Mahanadi issue is used  as strategy  to dilute attention of the people  from  malnutrition, child death due to Govt. negligence, huge corruption  and  various scams, health hazard.

Pradip Pradhan
M-9937843482
Date- 30.10.16



  

Saturday, October 29, 2016

Call for “Save Mahanadi” by Govt. of Odisha for Whom ?

Call for “Save Mahanadi”   by Govt. of Odisha for Whose interest – Company or farmers and common people?

Dear friends
In the Backdrop of Mahasangram for Mahanadi- a call given by BJD Govt.  to  save Mahanadi  which is going to be  greatly affected  or dried  up  due to over-exploitation of  water  by Chhatisgarh Govt.  and its damaging impact  on agriculture and livelihood of millions of the people of Odisha, series of RTI Applications  have been submitted to  State Govt. and Central Govt.  to unearth the truth  about  the allegations made  by  Govt. of Odisha and  status of  Hirakud Dam, quantity of water  used by different stake holders,   real exploiter  of Mahanadi river, revenue generated,   benefit reached to farmers etc.

RTI Application dated 1.10.16 was submitted to PIO, Dept. of Water resources about  details of water tax pending against the companies  and  steps taken by Govt.   to recover water tax since 16 years  of BJD Govt.  On 27.10.16, the PIO, office of Engineer-in-Chief has supplied the following  information.

1.   Since 2000, water tax amounting Rs. 1886.64 crores  is pending against  32 prominent Companies who have brough stay order from Odisha High Court.  This is the arrear revenue as on 31.3.2016 has been locked up due to court cases. The court cases are going on since 16 years.  Though   the Chief Minister  has kept this Dept. with him  since last 16 years, he has not been able to  vacate the cases in High Court.  Even from the beginning, many efficient IAS officers like Bijay Patnaik, Sri Aurobido Behera, Sri Suresh Mohapatra and presently Sri Pradeep Jena have  served  as Secretary of this Water Resource Dept.  But they have not succeeded  to vacate stay  in the court.  Is it their inefficiency  that they  could  not be able  to fight against powerful companies  or  are they working under pressure  from  their boss to protect the  interest of  Corporate house.  So it  can be concluded  that the Companies are enjoying unbridled power   more  than State Govt. in such way  that  they  continue  taking  water from Mahanadi and other rivers  without paying   a single pie  for several years. It is needless to mention here that the State Govt.  has spent lakhs of rupees  towards payment of   fee for  advocates  to fight the  case in High court without  any tangible   results.    It  has happened  due to  nexus of  politicians  and  corrupt bureaucracy  with companies. The interest of the  State  has been sacrificed  by Sri Nabin Patnaik, Chief Minister of Odisha  for corporate  house.  

2.   It was also   observed  from the content of information supplied  by the PIO  that  last hearing  of the cases filed  by Companies  challenging  fixation of water tax  was held  by High  Court on 15.1.16. The Chief Engineer, water services has filed  additional affidavit  on 3.2.15 for 20 number of cases.  Though one and half year passed,  the  Govt.  could not  ensure   further hearing  of      the case  by the Court on priority basis.  This is the efficiency  of the  administration of the  State Govt.?

3.   The prominent  Companies having arrear outstanding  of water tax (whose case is pending  in High court ) are Sewa Paper Mill, Jeypore ( 291.81 crores ), NALCO, Damanjodi ( 97.21 crore), M.C.L., Talcher ( 305.45 crore), M/s Orissa Power Consortium Ltd. ( 109.36 crore), Orient Paper Mill, Brajaraj Nagar ( 85.17 crore), Arati Steel ( 23.48 crore), Viraj Steel and Energy Ltd. ( 12.02 crore), NALCO, Angul ( 439.00 crore), Sri Mahavir Fello Alloys ( 20.38 crores). Reliance Industries, Dhenkanal ( 17.50 crore), Tata Refractories Ltd. ( 25.78 crore).

4.    The total amount of  Rs. 255.07 crore  of arrear water tax  revenue   are outstanding against  the 151 Companies without  Court cases since 2000. The prominent  companies  from whom the State Govt. has not been able to collect water tax are  M/s Bhusan Limited  ( 29.71 crore), M/s Shyam DRI Pvt. Ltd. ( 40.93 crore),  M/S ESPL Ltd. ( 8 crore), ESSAR Steel Ltd. ( 16.83 crore), Adhuik Metalliks ( 13.12 crore) etc.

5.   On query about  steps taken by Water Resources Dept.  to collect pending water tax from the Companies,    the PIO  has said that  as per decision taken in the meeting chaired by  the Chief Secretary on 5.5.2015 with Advocate General, Principal Secretary, Law, the field level Executive Engineers  were directed  to file Misc. cases  before High Court  praying to direct  the petitioner Industry  to deposit 50% of outstanding water tax  until final disposal of the  case and vacation of stay order.  Accordingly Misc. Case has been filed against 12  companies    in High Court. But nothing has happened.

6.   Despite several persuasion by High level officers to the Companies for quick  payment of outstanding water Tax,  they are not responding and continue  to ignore  Govt. appeal.  This is the hopeless state of affairs in the State administration.

Pradip Pradhan
M-9937843482

Date- 28.10.16