The Commission has observed that major contributors of eye injury are road accidents (34 per cent), sports (29 per cent) and occupation (21 per cent).
The Commission, among several important recommendations, has asked the Centre, states and UT administrations particularly to identify the industries having high potential of ocular trauma and other industrial accidents and make it mandatory for owners of all such industries employing minimum 50 workers to purchase personal accident cover of minimum Rs 15 lakh for each worker engaged by them.
The establishment of a special fund has also been recommended to provide financial assistance to victims of ocular trauma.
The NHRC advisory has focused on five key areas for action by the Centre, states and UT administrations which include creation of a database on ocular trauma, prevention and minimisation of ocular trauma, treatment of ocular trauma, development of integrated ophthalmic trauma units and rehabilitation of victims of ocular trauma.
Some important recommendations made by NHRC include establishment of an online (web-based) portal or make provision in any existing portal, to record details of each case of ocular trauma.
Make every single case of ocular trauma notifiable across the country to make it mandatory for each hospital or medical practitioner to upload details of each case of ocular trauma dealt by them and to involve Integrated Child Development Scheme (ICDS) workers and school teachers to identify the victims of ocular trauma.
The NHRC has also recommended to create public awareness on major causes of ocular trauma and the care and precautions to be taken to address these causes and to identify the firecrackers which have potential to cause eye trauma and impose a ban on use of such firecrackers.
NHRC chairperson Justice (retd.) Arun Kumar Mishra headed the discussion, they said.
However, there was no official version from the NHRC on the discussion.
The 11 convicts walked out of the Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
A special Central Bureau of Investigation (CBI) court in Mumbai on January 21, 2008, sentenced the 11 to life imprisonment on charges of gangrape and murder of seven members of Bilkis Bano's family. Their conviction was later upheld by the Bombay High Court.
Bilkis Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the violence that broke out after the Godhra train burning. Among those killed was her three-year-old daughter.
It said these guidelines should assist and facilitate the Juvenile Justice Board (JJB) to decide if a child between 16-18 years of age should be tried as an adult for a heinous offence.
A bench of Justices Dinesh Maheshwari and Vikram Nath noted that there could be a number of reasons for a person to commit a crime -- enmity, poverty, greed, perversity in mind, coercion, to help family and friends etc.
It noted that children may be geared towards more instant gratification and may not be able to deeply understand the long-term consequences of their actions. "They are also more likely to be influenced by emotion rather than reason. Research shows that young people do know risks to themselves. Despite this knowledge, adolescents engage in riskier behaviour than adults (such as drug and alcohol use, unsafe sexual activity, dangerous driving and/or delinquent behaviour)," the bench added.
Citing the Juvenile Justice Act, 2015, the bench said it does not lay down either any guideline or framework to facilitate preliminary assessment by the JJB on the relevant aspects. And, the JJB could only obtain assistance from an experienced psychologist or a psychosocial worker or other expert.
It further added that the world acknowledges that children in conflict with law should be treated differently than adults. "The reason is that the mind of the child has not attained maturity and it is still developing. Therefore, the child should be tested on different parameters and should be given an opportunity of being brought into the mainstream," said Justice Nath, who authored the judgment on behalf of the bench.
He added that the task of preliminary assessment under Section 15 of the Act is a delicate task with requirement of expertise and has its own implications as regards trial of the case. In this view of the matter, it appears expedient that appropriate and specific guidelines in this regard are put in place, he said, in the 94-page judgment.
The Act mandates when a child has committed a heinous offence and is above 16 years, the Juvenile Justice Board and children's court would make a preliminary assessment and pass appropriate orders.
Elaborating on the importance of preliminary assessment, the bench said the report of the assessment decides the germane question of transferring the case of a child between 16 to 18 years of age to the children's court.
Justice Kant added that the evaluation of amental capacity and ability to understand the consequences of the child in conflict with law cannot be relegated to the status of a perfunctory and a routine task. "The process of taking a decision on which the fate of the child in conflict with law precariously rests, should not be taken without conducting a meticulous psychological evaluation," he said.
The apex court junked an appeal by the CBI and the father of the victim challenging the 2018 Punjab and Haryana High Court verdict, which set aside a decision to try a class 11 student of a private school in Gurugram as an adult in the murder of a class 2 student in September 2017.
The high court had directed fresh consideration of intelligence, maturity, and physical fitness. The top court agreed with the high court remanding the matter for a fresh consideration after correcting the errors on lack of adequate opportunity to the child in conflict with law.
The rights commission will interrogate college principal, heads of different departments, hostel warden, members of anti-ragging committee, members of anti-ragging squad and students in connection with death of an MBBS student Nishant.
According to sources, Nishant was found dead in mysterious circumstances on April 22 . His father, a resident of Haryana, had filed a police complaint alleging Nishant was murdered. Though police launched an investigation, they are yet to unravel the exact reason of Nishant’s death.
Now, NHRC has started investigation into the case and it will be continue for four days beginning today. Rights body took the decision in response to a petition filed by rights activist AKhanda.
In the petition, the petitioner claimed that Nihant Kumar, a first year MBBS student of Bhima Bhoi Medical College Hospital, committed suicide by jumping from the roof of the building on April 22.
Nishant, a native of Haryana was forced to take the extreme step when he found the ragging done by seniors intolerable for him.
The rights activist also stated that the WhatsApp chat of Nishant with the fellow students revealed that he was subjected to ragging by the seniors.
Bolangir police started investigating the matter based on a complaint filed Nishant’s father after registering a case under Section 306 and 34 of the IPC. But police are still yet find out the reasons of Nishant’s death.
In the notice, the Commission has directed the recipients to submit a detailed report of the death within four weeks.
First-year MBBS student and a native of Haryana, Nishant Kumar of Bhima Bhoi Medical College and Hospital in Bolangir reportedly died after falling off the hostel roof on April 22.
However, his parents alleged he was a victim of ragging. Later, the surfacing of Nishant's mobile chats with his friends had lent credence to the ragging theory in a big way.
In a chat with his friend, who stays abroad, Nishant mentioned how he was subjected to ragging on the campus. He then went on to narrate how the seniors had prevented juniors from playing in the playground and visiting the park. In the chat, Nishant had even mentioned that he couldn't muster the courage to complain about the ragging to college authorities.
However, the Dean of the medical college Sabita Mohapatra on April 22 dismissed the allegation of ragging behind the suicide. She had said, "There is no question of ragging as the college has an active anti-raging squad."
The Commission has issued notice to the Chief Secretary, Government of NCT of Delhi to submit a report to the Commission within two weeks including action taken against the responsible authorities/ officers, fixing the culpability and status of disbursement of the relief/ rehabilitation granted by the government, if any.
Issuing the notice, the Commission has observed that going by the content of media reports, this appears to be the worst case of gross violation of human rights of the victims due to utter apathy and complete dereliction of statutory duties of public servants in the National capital of Delhi causing loss valuable lives due to fire.
Looking into the gravity of the matter and observing that the authorities appear to have least bothered on its earlier recommendations in similar incidents in the past the Commission has also asked its Director General to send a team immediately to conduct an on Me spot investigation in the matter.
The Commission quoted the media reports saying that the building had no sanctioned plan and the factory was operating without any licence. The fact has reportedly come out in an enquiry conducted by the North Delhi Municipal Corporation. There are hundreds of such buildings are operational from congested quarters with authorities struggling to curb them. There are several areas in Delhi where even fire tenders cannot enter because of rampant unauthorised constructions, the Commission said in its letter.
Taking suo-motu cognizance of media report, the NHRC has sought a report from Odisha Chief Secretary on the incident within six weeks. The Commission has also sought details on the status of investigation in connection with the case registered by the police.
“Examining the contents of the news report, the Commission has observed that the issues raised are of a very serious nature and right to dignity of the victims have been grossly violated,” the national rights body said in a statement.
It is pertinent to mention here that a Dalit family was allegedly tortured for not paying donation of Rs 500 for a puja in Odisha's Kendrapara district. As per reports, one of the family members was even subjected to a punishment of rubbing his nose in own spit in full public view at a kangaroo court in Tikhiri village under Marshaghai police limits.
As per the complaint, two villagers had visited the house of the youth at 10 pm on April 16 to collect contribution towards the village deity’s festival. An altercation broke out after his family members clarified them that they had already paid their contribution.
During the incident, the Sarpanch of the village with her supporters were standing in front of the house and they joined the two villagers and hurled caste abuses at the family. An FIR has been reportedly registered under various sections of the IPC and under relevant provisions of the Protection of the Scheduled Castes & the Scheduled Tribes Act, 1989.
The president of PVP, Jagannath Bastia has filed the complaint drawing the attention of the country's apex human rights watchdog on several aspects pertaining to the 12th century shrine.
In the plaint, Bastia has raised the issues of how devotees are made to stand in sun for long periods during entry into the temple and darshan as well.
Apart from that, Bastia has also explained about sufferings of senior citizens and physically challenged persons due to lack of specific facilities and how devotees fail to get good darshan in the temple due to presence of servitors infront of the deities.
The PVP has sought a direction from the NHRC with regard to providing all basic facilities to devotees during the darshan of the Holy Trinity.
The filing of petition came in the wake of the stampede like-situation witnessed at the Lion’s gate of the Srimandir on the occasion of Dola Purnima, on March 18.
Notably, thousands of devotees standing in lines at the Singha Dwara had to brave the beating sun and sultry weather to get a glimpse of Suna Besha (Golden Attire) of the deities.
The situation suddenly went out of control and turned into a stampede-like incident when several exasperated devotees attempted to barge into the shrine, breaking the barricades.
Migration to work in brick kilns demonstrates human distress in most acute form. Children too are engaged in brick making while they ought to have been in school. These children when they grow up, lose opportunities available to educated youths. Most workers don’t get the wage and working environment promised during recruitment. Being away from home for over six months year after year bestow on these families a separate disadvantaged identity in their own villages and they lose out in integrating themselves with the economic and social development process taking place in their place of birth. Children are the worst victims in this process of disconnect.
Process of recruitment for brick kilns is pernicious, cruel, exploitative and clearly a system of bondage. The employer controls the employee by keeping him/her in debt and withholding wages. It is cunningly justified as being beneficial to the worker as, at the end of the season, it leaves with the worker a good amount of savings. The reality however, is the system allows the owner to control the supply of labour. If workers were paid at the end of each month their full wages, as required under law, most would be able to pay back at the end of the second month the large advances paid at the beginning.
National Human Rights Commission (NHRC) has been of the view that the concerned authority is duty bound to raise a presumption that labourers were bonded labourers if the employer had not maintained statutory records for workers. In case of migrant workers in brick kilns such a presumption would be absolutely legitimate. That such an unacceptable mode of distress migration keeps going demonstrates severe governance deficit. It cannot be justified on the ground that in the past too people of the region left homes with families to work in distant tea plantations. Times then were difficult; welfare government hadn’t arrived. It would be therefore sheer insensitivity to view migration to brick kilns as a legacy issue.
This year too, annual migration season has commenced from parts of Bolangir, Nuapada , Kalahandi and Bargarh districts. Labour Sardars from different states reportedly have arrived at Kantabanji. They have an elaborate network and they lure vulnerable families in thousands. The situation has aggravated in last two decades, with no solution in sight. The zone of recruitment seems to be getting larger and has spread to the undivided Koraput District. This region of the state is marked by little industrial activity.
Government, unfortunately, seems to be viewing this unacceptable activity with a stoic attitude. To keep state intervention limited to a revamped MGNREGA by providing work for 300 days with a daily wage of Rs 308 would be highly inadequate. MGNREGA afflicted with usual nepotism and lack of commitment by executing agencies, hasn’t been able to ensure adequate relief. Participation of household has been extremely disappointing. In the 20 critical blocks of Bargarh, Bolangir, Kalahandi and Nuapada, the programme had provided 100 days of work to less than 4000 households in 2018-19; less than 20,000 in 2019-20 and less than 80,000 in 2020-21. Less than 15,000 households could get 200 days of work and less than 200 had 300 days of work in 2020-21.
Distress induced migration to brick kilns is a story of cruel exploitation of the weak by the wily. The state has a role to play. A brief narrative on the role of state in such situations would be relevant. On February 23, 1994, the Chief Minister, Biju Patnaik, was travelling to Rourkela on official work. I had accompanied him. The plane was overflying Bonai region of the state. "I had started my official career at Bonai in my first posting as the sub divisional officer (SDO)" I told the Chief Minister. "This is an area which is so rich in natural endowments and yet is economically so backward", I continued. He was listening with interest. Encouraged by his eagerness to listen, I thought of telling him what I thought should be an appropriate approach in governance in such areas." In our society, for those people who do not have strong power of discrimination, the state should act as a protector; people having power of discrimination should be free to shape their lives according to their volition and the state should act only as a facilitator. While formulating policy, government should keep this objective in view", I said. "As a young officer I had made many surprise visits to many shops, both, licensed and unlicensed, selling country-liquor in Bonai sub-division at different times of day and night. Each visit had made me sad for I had noticed every liquor shops to be a virtual granary. A simple tribal would run short of money while consuming more liquor than what he could afford and would, in a state drunkenness, pawn his crops to the liquor merchant. Most of the agricultural produce of a village would find its way to the liquor shop. In my view the state must protect the vulnerable section of the population. In the tribal areas government should abolish liquor shops. Government would thereby suffer some financial loss; but as Finance Secretary I assure you that I would be able to absorb the loss. You alone can take a bold step in this regard" I told him with some emotion but with conviction. He listened but was quiet.
The next day he made the historic announcement on the floor of the Assembly abolishing country liquor in the tribal area.
The state acting as protector for these poor families of Nuapada, Bolangir, Kalahandi and Bargarh who seem destined to work in brick kilns is yet to be demonstrated. To that extent government seems to be failing; but it must succeed.
New initiatives must have to be taken. A policy announcement needs to be made by the Chief Minister that the state will not permit its people to migrate for working in brick kilns. The Sardars would stop coming to the state thereafter. Commercial Banks must be advised to come up with appropriate loan products to finance purchase of Smartphone, Computer, Television under study loan so that the need for an advance by Sardar doesn’t arise.
Farmers have been growing cotton, maize and oilseeds for years but the region has remained bereft of downstream industries which could provide jobs in all seasons. A mission approach seems necessary to set up adequate number of maize processing units, ginning facilities and at least 20,000 power-looms in a cluster. Western Odisha Development Council has to spearhead these initiatives.
(DISCLAIMER: This is an opinion piece. The views expressed are the author’s own and have nothing to do with OTV’s charter or views. OTV does not assume any responsibility or liability for the same. The author can be reached at lonewalker.1942@gmail.com)
More From The Author | World-Class Railway Station Of Bhubaneswar Remains A Pipe Dream – What We Have Is Squalor & Indecision In Plenty
In its notice to the Centre and the States, NHRC said, "The commission has received several complaints regarding the ongoing farmers protest. There are allegations of adverse impact on the industrial units, seriously affecting more than 9000 micro, medium, and large companies. Allegedly, transportation is also adversely impacted, causing the commuters, patients, physically challenged people and senior citizens to suffer due to the heavy congestion on roads".
"There are also reports that people could not travel long distances to reach their destinations due to the ongoing farmers agitation and barricades have been put up on the borders", it added further.
Apart from issuing notices to the Centre and the states, the NHRC has asked the Institute of Economic Growth (IEG) to examine the adverse impact of the farmers stir on industrial and commercial activities/production and disruption of transport services on commercial and normal consumers including inconvenience and additional expenditure, etc, and to submit a comprehensive report on the matter by October 10, 2021.
The NHRC issued a fresh reminder in the case of alleged gangrape of human rights activist at the protest site to file the report by October 10 as no report was received from Jhajjar DM.
The NHRC has requested Delhi School of Social Work, University of Delhi, to depute teams to conduct a survey and submit the report assessing the disruption of livelihood, lives of people, impact on the aged and infirm persons due to the protracted agitation by farmers.
The NHRC said that there is an allegation of breach of corona protocols by the agitating farmers at the protest sites. There is further allegation that the inhabitants are not being allowed to move out of their homes due to the blockade of the passage.
The NHRC has asked National Disaster Management Authority, Ministry of Home Affairs and Ministry of Health and the Government of India to submit reports with respect to the adverse impact of farmers agitation on various aspects and observance of Covid protocols at the protest sites.
The NHRC has issued notices to the Chief Secretaries of UP, Haryana, Rajasthan, Delhi, Director Generals of Police of UP, Haryana, Rajasthan and Commissioner of Police, Delhi calling upon them to submit their respective Action Taken Reports.
In its notice to the Centre and the States, NHRC said, "The commission has received several complaints regarding the ongoing farmers protest. There are allegations of adverse impact on the industrial units, seriously affecting more than 9000 micro, medium, and large companies. Allegedly, transportation is also adversely impacted, causing the commuters, patients, physically challenged people and senior citizens to suffer due to the heavy congestion on roads".
"There are also reports that people could not travel long distances to reach their destinations due to the ongoing farmers agitation and barricades have been put up on the borders", it added further.
Apart from issuing notices to the Centre and the states, the NHRC has asked the Institute of Economic Growth (IEG) to examine the adverse impact of the farmers stir on industrial and commercial activities/production and disruption of transport services on commercial and normal consumers including inconvenience and additional expenditure, etc, and to submit a comprehensive report on the matter by October 10, 2021.
The NHRC issued a fresh reminder in the case of alleged gangrape of human rights activist at the protest site to file the report by October 10 as no report was received from Jhajjar DM.
The NHRC has requested Delhi School of Social Work, University of Delhi, to depute teams to conduct a survey and submit the report assessing the disruption of livelihood, lives of people, impact on the aged and infirm persons due to the protracted agitation by farmers.
The NHRC said that there is an allegation of breach of corona protocols by the agitating farmers at the protest sites. There is further allegation that the inhabitants are not being allowed to move out of their homes due to the blockade of the passage.
In a statement, the National Human Rights Commission observed that even after seven decades of Independence, despite various laws and schemes to protect the rights of children; their bonded labour and trafficking, and the existence of child labour "raises a big question mark on the effectiveness of the state machinery to control the menace of child labour".
Accordingly, the NHRC has asked the chief secretaries of all states and the administrators of union territories to file a report about the steps taken to implement the provisions and articles of the United Nation Convention for Right of Child and the Child and Adolescent Labour (Amendment) Act 2016 in their respective jurisdiction in particular, the position of child labours.
The secretary in the department of labour of all the states and union territories are directed to file the report within eight weeks about the legal action taken against the companies and their management, who are employing or employed children in their factory premises or use them for production activity of any kind, against the letter and spirit of the UN convention for right of a child.
The Commission noted that in 1992 India had ratified the UN Convention for Rights of Child; the UN General Assembly unanimously adopted a resolution declaring the year 2021 as the International Year for the Elimination of Child Labour, which necessitates calling for reports from all states and union territories.
The instant case referred to a complaint received in the Commission on December 22, 2019, in which it was alleged that in Udaipur, Dungarpur and Banswara districts of Rajasthan, "rampant trafficking of children aged between 8-15 years is going on", the right panel said in the statement.
They are sold for Rs 500 to Rs 3,000. Even a commission of Rs 50 was charged on every deal. The complainant also supported his allegations on the basis of a media report carried by a prominent newspaper on the issue, it said.
In the wake of these allegations, the Commission had issued a notice to the Director General Police (DGP), Rajasthan calling for a report. In response, the Superintendent of Police (HR), Criminal Investigation Department (CB), Jaipur, Rajasthan informed that the news published was of old incidents, in respect of which no case had been registered, the statement said.
The report stated that all the boys and girls went to earn wages with their families. It said that no case of children leaving or missing or becoming handicapped, from the district, after coming from Gujarat, had come to the fore in relation to the children of Rajasthan.
Most of the children keep going to Gujarat for child labour and to stop the same timely action by police stations and anti-human trafficking units in the border areas had been taken, it added.
The Superintendent of Police, Dungarpur, informed that there was no organised gang active for human trafficking in Dungarpur. The report also stated that the Anti-Human Trafficking Unit was already working in the district to prevent such incidents. Along with this, a special team of the district had also been formed and for the prevention, checking is being done continuously in police station area bordering Gujarat, the NHRC said.
The Commission said it further received a letter from the officer in-charge, Anti-Human Trafficking Unit, district Baswanda, Rajasthan, whereby, it was submitted that the anti-human trafficking police stopped the trafficking of children of Rajasthan to Gujarat and rescued 16 minor children and handed them to child welfare committee, it added.
The Commission observed that "police reports itself admitted that there are cases, where the children were trafficked for various reasons, both inter and intra states, facilitated by the brokers".
The genesis of the present matter may be in the poverty of the parents belonging to the Scheduled Tribe community of the southern part of Rajasthan.
The NHRC said in the statement that it has taken a "serious view of contradictory reports from Rajasthan on child trafficking for labour".
The Commission also noted that in 1988, the Union Labour and Employment Ministry had initiated the National Child Labour Projects (NCLP Scheme) rehabilitate working children in 12 child labour endemic districts of the country.
The scheme aimed to conduct a survey of child labour in hazardous occupations, identify and rehabilitate them by providing healthcare facilities, vocational training and thus eliminate all forms of child labours, it said, adding that since then the project has been expanded to cover 312 districts of 21 states in the country.
"As per 2019 data of the Ministry of Labour and Employment, maximum 52 are from Uttar Pradesh followed by 30 from Telangana, 27 from Rajasthan, 21 from West Bengal, 24 from Odisha, 23 from Bihar, 21 from Madhya Pradesh, 18 from Tamil Nadu, 16 each from Maharashtra and Karnataka. However, the rampant violation of child rights in the form of child trafficking and child labour is still going on in the country," the statement said.
Acting on a complaint by one Md Injamul Haque of Assam, the NHRC on Sunday issued notices to the Union home secretary and the chief secretaries of Assam and Mizoram, and asked them to file their reports within four weeks.
"The Commission has considered the matter. Facts of the case are disturbing. The allegations made in the complaint are serious in nature involving deaths and injuries to the public servants.
"The case therefore involves grave violation of Human Rights of the deceased and injured. Such types of cases are viewed very seriously by the Commission. In these circumstances, let a Notice be sent," as per the details of the proceedings.
Accordingly, notices were issued and the matter will be put up before the full commission after four weeks.
At least six Assam Police personnel and one civilian were killed and more than 50 people injured as the festering border dispute between the two Northeastern states erupted into a bloody conflict on July 26.
Recently, chief minister Naveen Patnaik ordered an SIT probe into the alleged gang rape and suicide incident. Let’ take a look at the complete array of events that have been at the helm of public discourse for quite some time.
A ‘gang rape’ & suicide
Kunduli gang rape survivor allegedly committed suicide by hanging herself inside her house at around 2: 30 pm on January 22. The girl was rescued in a critical condition and was rushed to Kunduli hospital where she was declared brought dead. The survivor had brought rape charges against four security personnel posted in the region on October 10, 2017.
On November 18 last year, the girl had allegedly attempted suicide following which she was admitted to SCB Medical College and Hospital in Cuttack.
https://youtu.be/HlviUALGx-E
The antecedents
The girl had alleged that she was gang raped by four jawans engaged in anti-Maoist operations in Koraput district on October 10, 2017. As per allegations, four persons suspected to be security personnel abducted the minor to a forest near Sorispadar village under Pottangi police limits and gang raped her.
Sources said the incident occurred at around 12 noon when the girl was returning home after school. The accused persons detained the victim and after touching her inappropriately, they abducted and took her inside the forest. Later they gagged her mouth with her ‘duppatta’ and raped her.
The girl’s brother had then said, “Four BSF jawans in uniform and weapons abducted and gagged her mouth and took her into the forests where they raped her. Somehow she managed to save her life and one of our aunts rescued her and admitted to hospital.”
The incident triggered state-wide outrage following which police and Crime Branch probe were ordered.
https://youtu.be/huvmDxe4Cms
Political outrage
From day 1 when the rape charges were brought against security personnel by the Kunduli girl, the incident has been a topic of hot political discussions and debates. After the suicide of the victim, Union Minister Jual Oram said Chief Minister Naveen Patnaik should resign on moral grounds. Similarly, Petroleum and Natural gas Minister Dharmendra Pradhan targeted the CM for his failure to provide justice to the girl.
“For how long Patnaik will remain insensitive towards the plight of the people? The CM must answer,” said Pradhan after her suicide.
Food Supplies and Cooperation Minister Surya Narayan Patro, however, said that the government is serious about the incident and will take appropriate actions.
The BJP and the Congress first demanded a CBI investigation into the suicide. BJP’s Mahila Morcha launched a two-day statewide stir. Locals backed by senior leaders of Congress including Pradip Majhi blocked NH-26 by placing the body of the girl and staged demonstration a day after the suicide.
Normal life was affected in Odisha on January 24 due to a dawn to dusk state-wide bandh and hartal called by Opposition parties Congress and BJP.
https://youtu.be/JeeDxlIemI8
Plethora of probes
A string of probes one after the other was ordered into the incident. First police probe followed by Crime Branch and then a judicial probe was ordered. The Crime Branch of Odisha Police in its action-taken report submitted to the National Human Rights Commission (NHRC) on December 14, had dismissed the allegations of gang rape brought by the Kunduli girl.
In the report submitted on December 14, the Crime Branch said in a bid to hide her affair with a minor boy of Kunduli, the girl had levelled false allegations that four personnel of CoBRA unit of CRPF had sexually assaulted her.
A day after the minor girl brought gang rape charges, the police took her to the Kunduli Community Health Centre (CHC) for medical examination. Later she underwent another medical examination at the Saheed Laxman Nayak Medical College and Hospital. Again a team of experts of FMT department of MKCG Medical College examined the girl, the Crime Branch report mentioned.
All the medical examinations found no signs of rape, the Crime Branch report said. Besides, the girl’s clothes were sent to the State forensic laboratory for examination which also found nothing unusual.
Apart from this, the police also traced the movements of the security personnel including CoBRA forces and found no truth in the charges, the report stated.
The probe by the Human Rights Protection Cell (HRPC) ADG also refuted the gang rape theory.
On the other hand, a petition was filed by human rights activist and Supreme Court lawyer Radhakanta Tripathy before the National Human Rights Commission (NHRC) demanding a probe either by the CBI or a team of NHRC into the alleged gang rape of Kunduli girl who committed suicide.
Citing ‘sensitivity’ of the case, Tripathy in the petition sought probe into three aspects.
The petitioner questioned why the alleged gang rape survivor had to undergo medical tests at four hospitals if the charges were false; why the State government provided Rs 50,000 compensation to the girl’s family and why the girl committed suicide despite counselling.
On 7 February, Chief Minister Naveen Patnaik ordered a Special Investigation Team (SIT) probe into the alleged Kunduli gang rape and suicide incident. The SIT probe will be monitored by the court.
Speaking to the media, Patnaik said that the state government is committed to ensure justice to the victim at the earliest and in a most transparent manner.
A five-member team of the NHRC also carried out a probe into the incident. Similarly, a team of National Commission for Scheduled Castes is also scheduled to visit Odisha on February 11 to probe the incident.
https://youtu.be/3VyrIN1UGj4
Contradictory forensics
In a shocking revelation, a preliminary inter-divisional report of the State forensic laboratory surfaced mentioning that there were traces of semen of two persons on the clothes of the victim.
On January 26, OTV telecast the findings of the report which put the Crime Branch in dock as the investigating agency in its report submitted to NHRC had mentioned that ‘no foreign articles’ were found.
The State Forensic Science Laboratory (SFSL) report also indicated that the two persons whose traces of semen were found have A and B blood groups, respectively. The tests were conducted at SFSL in October last year.
When OTV team tried to contact Crime Branch to ascertain whether the report was also sent to them or they received some other report, the officials refused to comment.
After the telecast of the report on OTV, the SFSL, Bhubaneswar in a release clarified that the findings were from a preliminarily inter divisional report which was not the final one that has been issued to the honourable court or the investigating agency.
The role of SFSL came under scanner with starkly contradictory findings in its ‘preliminary inter-divisional report’ on Kunduli gang rape and its final report as experts claimed that there is little likelihood that two reports from the same agency could be so divergent.
https://youtu.be/lqgVIaEvu5s
The National Human Rights Commission in a statement today said it has "taken suo motu cognisance of a media report about the plight of 46 boys and girls, aged between one month and six years, who are living in prisons in the state of Odisha with their mothers, including nine convicted and 36 undertrial prisoners".
Accordingly, the Commission has issued notices to the chief secretaries and directors general of prisons of all the states and Union territories seeking reports along with statistics, showing how many children were being kept with their mothers in the jails under their jurisdiction, without ensuring facilities, necessary for psychological and physical growth as well as educational upbringing.
"The response from all the states and Union territories is expected within six weeks," the NHRC said in the statement.
According to the media report carried yesterday, these children include 25 girls and 21 boys.
Out of the 45 mothers, 30 belong to the Scheduled Castes and Scheduled Tribes communities.
The Commission has observed that the contents of the media report, if true, "amount to human rights violations of the innocent children".
"Reportedly, the children, lodged in the jails with their mothers, are neither convicts nor under trials and they are entitled to food, shelter, medical care, clothing, education and recreational facilities, but nothing is being provided to them despite the Supreme Court guidelines," the statement said.
"The guidelines set by the Supreme Court are very clear, providing proper protection to such children, but as reported, it appears, the ground reality is different. The instant news report is focused on the prisons in the state of Odisha. However, there could be similar cases in the jails of other states too, which have not yet been noticed," it said.
As reported, the apex court has formulated guidelines that the cases of women prisoners with children, should be disposed of expeditiously but the reality is different. There are many inmates who have been granted bail by the competent court but they cannot be freed as they are unable to furnish the sureties, the statement said.
The guidelines set by the apex court also ensure that children aged below three years shall be allowed to kept in creche and those between 2-3 years, should be looked after in a nursery, run by the prisons authorities, outside the prison premises and that small children should not be kept in sub-jails, unless facilities are ensured for their biological, psychological and social growth, the rights panel said.
As per sources, the Town Police had arrested one Abhay Singh, a resident of Palampur in Purulia district of West Bengal, who had come to Sambalpur to sell handicraft items.
Singh was then taken to police station and later produced in the court on allegations of smuggling ganja in Jujumura police limits. A few days later Singh fell sick and was admitted to VIMSAR Burla where he died while undergoing treatment on June 19 last year.
However, his wife alleged that he died due to physical torture in police custody. Later, the family filed a petition with the NHRC over Singh’s death, acting on which, the rights body had also directed the Additional DG of HRPC to submit a report on the issue.
The final probe report will be submitted by the team at the NHRC headquarters office in New Delhi soon.
The team led by NHRC DSP Rabi Singh had carried out an inquiry for four days and met security personnel, forensic laboratory officials and relatives and family members of the gang rape victim in Koraput.
Sources said, the team had also examined and met officials of BSF, CoBRA, OSAP, IRB and SOG and enquired about the movement of security personnel in the region.
Besides, the rights commission team also met director of the State Forensic Laboratory, Crime Branch SP and doctors involved in the treatment of the victim during their probe into the incident that has sparked public outrage in Odisha.
Yesterday, the team met gang rape victim's mother and aunt to get a detailed account of the incident.
The NHRC had formed the team for an on-the-spot probe after a petition was filed by a social activist. The commission had also asked the State authorities and the HRPC ADG to submit report about the incident.
According to reports, the minor girl from Kunduli had alleged that she was gang-raped by four security personnel on October 10, 2017.
Later, the girl had allegedly committed suicide insider her house at Musaguda on January 22, 2018.
The death of the girl had triggered widespread resentment among people with major political parties training their guns on Odisha government for its failure in providing justice to the victim.
On the other hand, Odisha Chief Minister Naveen Patnaik on February 7, 2018 ordered for a Special Investigation Team (SIT) to investigate the Kunduli gang rape and suicide case.
As per sources, the team will stay in Odisha till February 9 and carry out necessary investigation to find out facts and evidences behind the incident. This apart, the commission has asked to submit a report on health conditions of the victim and circumstances which led to the suicide, within a period of 15 days.
During the course of investigation, the team will also interact with the victim's family members as well as local people.
Based on a petition filed by rights activist Radhakanata Tripathy and acting as per the direction of the commission, NHRC DG (Investigation) constituted this team. NHRC had also asked the State authorities and State Human Rights Protection Cell ADG to submit a report on Kunduli Suicide.
The women BJP workers barged into the commission's office and had a minor scuffle with police. Window panes of the office building were also damaged by the agitators while some activists hung bangles on the wall as a mark of protest.
BJP spokesperson Lekhashree Samantsinghar stated, "It does not seem that the women's commission is working for the safety of women. Instead the commission is safeguarding the interests of the ruling party. Therefore, the commission's office should be closed immediately."
Earlier yesterday, chief Minister Naveen Patnaik directed officials to expand the terms of reference for the judicial inquiry into the case.
The National Human Rights Commission (NHRC) has also decided to constitute a special team to undertake a spot visit and probe the gang rape and subsequent suicide of the victim.
Based on a petition filed by rights activist Radhakanata Tripathy the commission has asked the DG (Investigation) of NHRC to constitute a team and submit a report in 15 days following the probe.
The commission also asked the State authorities and State Human Rights Protection Cell ADG to submit report on health conditions of the victim and under what circumstances she committed suicide.
Meanwhile, a special team of Crime Branch led by a DSP rank officer has begun investigation into the gang rape and death of the victim.
Bhubaneswar: Expressing concern over the 12 farmer suicides in 50 days in Bargarh district in the state, the National Human Rights Commission (NHRC) on Thursday took suo-motu cognizance to seek a report and action taken by government for the relief and rehabilitation of bereaved families.
The NHRC took the step following a media report on the death of a farmer on December 15 and directed Odisha chief secretary to submit a report within four weeks.
The NHRC has sought a detailed report and action taken by government for the relief and rehabilitation of the affected families.
Also Read: Bargarh farmer suicide: Collector submits report to State Govt
In a statement, the Commission has observed that a number of suicides by farmers and farm labourers are being reported from several parts of the country including Maharashtra, Andhra Pradesh, Karnataka,Madhya Pradesh, Kerala and Chhattisgarh.
Such incidents are being taken seriously by the NHRC which has been stressing on proper steps by Centre as well as respective State governments to ensure that the crop loss affected farmers are not forced to resort to any extreme step.
https://youtu.be/lPtgrkgSwEE
Noted social activist Namrata Chadha in a letter to National Human Rights Commission (NHRC) has narrated the woes faced by more than 100 students due to lack of proper sanitation and other basic facilities in their residential school.
As many as 140 SC/ST Students of Gadiapada Abasika Sevashram, a residential school near Khajuripada in Kandhamal regularly walk up and down for nearly 4 kms amid dense forests to attend call of nature and bathe notwithstanding poisonous creatures and hilly terrain.
Speaking about what she saw while returning from a training programme of women’s rights defenders in Phulbani, Chadha expressed her shock at the residential school that not only lacks toilets but also portable drinking water and other basic facilities. All the 100 girls and 40 boys of the school have to depend on open defecation and bathe in nearby forest.
In the letter, Chadha has requested the NHRC to intervene and take appropriate action to provide adequate facilities of sanitation and drinking water in the area.
The apex human rights body on June 6 directed the Ministry to submit its response within six weeks.
According to sources, Mohapatra had raised the issue of non-payment of the compensation to families of two tribal persons, Deba Sodi and Irama Banjamin, who had been killed by Maoists at a Praja court in a dense forest in Malkangiri district on January 25, 2014.
The victim’s family received only Rs 2 lakh from the Odisha Government but the remaining amount of Rs 3 lakh had not been released by the Central Government, observed the NHRC.
Earlier on November 29, 2016 the NHRC had directed Malkangiri Collector to furnish the details of the steps taken by him for obtaining funds from the Central Government for payment of the same to the family of the deceased.
The Collector, in a report dated January 30, 2017 intimated that necessary communications have been sent to Joint Secretary, Ministry of Home Affairs. He requested the central authorities to release the required funds for payment of the same to the victims’ family.
NHRC carefully considered the contents of the report and directed to the Joint Secretary, Ministry of Home Affairs to ensure sanction of necessary funds as per the scheme of the Central Government for payment of the same to the family of the victim.
It may be mentioned that Mohapatra had lodged a complaint with the NHRC on January 28, 2014. He had even mentioned that families of 435 deceased persons, who were killed by Maoists, have not been paid compensation due to non-availability of central assistance.
Soon the police arrived and rescued the woman brought her to the police station.
“My husband is Brajakishore Pradhan who is the MLA of Talcher. I want to stay in his house. I have undergone abortion twice and I cannot even have a baby anymore. What respect I have now? Hence, I will stay with him at his house,” said the woman.
“When the woman arrived, some people prevented her. Anticipating a law and order situation, we rescued the woman from there,” said Talcher SDPO, Hemant Kumar Panda.
Also Read:Relative files harassment case against BJD MLA
After the woman complained of unease, she was taken to the Talcher sub-divisional hospital and was released subsequently.
The woman has come out in the open multiple times claiming to be the wife of the MLA. She has also registered a case with the Bhubaneswar Mahila Police. However, the MLA has repeatedly refuted her claims.
According to the woman, prior to coming in search of his husband’s house she had moved the National Human Rights Commission.
Chairperson of the rights panel Justice HL Dattu accompanied by NHRC members Justice Cyriac Joseph, Justice D. Murugesan and Justice SC Sinha reached Bhubaneswar on Sunday to attend the NHRC camp court, which will continue till January 11.
The Commission in its notice to the state government through Chief Secretary AP Padhi also directed to mention other details including relief and rehabilitation to the next of kin of the deceased and the injured as well as precautionary measures taken or proposed to be taken by to prevent recurrence of such mishaps.
Reportedly, the hospital in question was warned as early as in 2013 for not keeping the safety measures, but the hospital authorities ignored it. In Odisha, out of 568 hospitals, only 3 have clearance of the department of fire safety.
The Commission observed that callous attitude and lapses of the authorities, if any, amount to violation of right to life of the patients. It also expressed shock and anguish over the permission of the state government to such a large number of hospitals to function without proper fire safety clearance.
Also read: Japanese Encephalitis: NHRC seeks detailed report from Health secy, Malkangiri collector
Reportedly, the fire started in the Operation Theatre of the Dialysis Ward and spread to ICU and nearby wards. The state government has ordered a probe by the Director, Medical Education and Training (DMET) and declared free treatment to all injured persons.
Speaking to the media after the meeting, Health minister Atanu Sabyasachi Nayak said the top priority of the Health department is to expedite the treatment of the affected patients at the district headquarters hospital (DHH) in Malkangiri.
He said as per the reports received by the Health department till date, at present treatment of 116 JE and suspected JE patients are underway in Malkangiri of which 25 have completely recovered and discharged from the hospital. The remaining 53 children are under treatment of which majority of them are stable barring three children who have been admitted to the ICU.
The nine doctors sent from the headquarters are presently staying at a camp inside Malkangiri DHH to look after the patients. Apart from this, doctors have been engaged at the Community Health Centre (CHC) in Kalimela. The Health department has also deputed more number of staff nurses to Malkangiri to assist the doctors in the treatment of the patients.
“This apart, Director, Health Services and Additional Secretary, Health, have left for Malkangiri this morning to take stock of the situation”, the minister said.
Talking about the preventive measures, he said the district administration in coordination with the health officials has taken steps to isolate pigs from the human habitations on war-footing. “One of the notable feature is that the awareness level among the people of the affected villages on the disease has substantially gone up as they are now admitting their children in the hospital instead of taking them to the village quack for treatment”, he pointed out.
Asked about the outbreak of JE in Nilagiri (Balasore) and Brahmagiri (Puri) areas, Nayak said these are isolated cases. “But we have sought status report from the respective district Health officials to examine the case”, he noted.
Shalini Pandit, managing director, National Health Mission (NHM) said “To monitor the vector control mission and treatment of the patients in Malkangiri, a state level control room having six members has been set up from where three members including myself are monitoring the entire work while three other members—Director, Health Services, Joint Director, National Vector Borne Disease Control Programme (NVBDCP) and Joint Secretary, Health— have gone to Malkangiri and providing day-to-day information to the control room. We have sent all necessary medicines and equipment including, doctors, staff nurses, laboratory technicians”.
She further said considering that more patients are being admitted in the DHH, provisions have been made to add 40 more beds. Apart from this, Rs 50 lakh has been sanctioned to Malkangiri CDMO to meet any urgent requirements.
Replying to a question on lack of paediatrician in the treatment of affected children in the DHH, Pandit said apart from a paediatrician in the DHH, the Health department has sent four paediatricians from the headquarters who have been working there for more than a week. The doctors at the DHH are present 24X7 to provide treatment to the patients.
Asked about the number of JE deaths in Malkangiri district, she said till date 39 patients have died of the disease.
Meanwhile, talking to media persons after reaching New Delhi this evening, chief minister Naveen Patnaik said the state government is in constant touch with the Centre to bring the disease under control. Besides, the state government has taken all possible measures to contain the disease from spreading to other areas of Malkangiri district.
The disease has spread to several villages in the district.
Reportedly, the Encephalitis virus develops in the pigs and is transmitted by mosquitoes to humans. Allegedly, the social workers and the district authorities are of the opinion that culling of pigs is not possible and the only solution is vaccination of the children, which would be done from next year.
The Commission observed that the contents of the news report, if true, raise issues of violation of right to health and life of the people.
The Commission, while issue notices, also observed that the authorities have to be sensitive towards the need to maintain cleanliness in the area. There is an urgent need to create awareness among the villagers towards the health hazard which is related to their tradition of rearing of pigs as vaccination of the children to protect them from the deadly virus from the next year will be too late.
The commission has given two weeks' time to submit the report.
“Under Section 19 of Protection of Human Rights Act (PHRA), we have sought reports from both the Centre and State on the incident,” NHRC secretary general SN Mohanty said.
Meanwhile, the chairman of the National Commission for Scheduled Castes (NCSC) PL Punia on Thursday visited Gumudumaha village and spoke to the family members and relatives of the victims. Condemning the incident, Punia said stern action must be taken against the wrongdoers.
“In cross-firing, cases of injuries are reported from both sides. But in this incident, there was firing only from one side, which means the security forces fired at the tribals indiscriminately causing their death. I will recommend certain measures to the State government, which must be taken to prevent such cases in future,” Punia told media persons.
He suggested that the State government register cases under the provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act in the incident.
He also said that the families of the victims should also be given "adequate compensation" as per the provisions of the POA.
The state government, he said, had informed him that the state government has already announced provision of housing for the victims' families.
The government had also assured NCSC that the children of victims would be provided free educaton up to graduation level.
Punia said NCSC would keep a watch on the actions taken by the state government. "If required, senior officers like the chief secretary, home secretary and director general of police of Odisha will be called to meet the Commission."
The visit of the NCSC chief came a day after the one by members of National Commission for Scheduled Tribes (NCST) under its chairman Rameshwar Oraon.
Expressing satisfaction over the measures taken by the state government immediately after the July 8 night incident, the NCST had come down heavily on the Special Operations Group (SOG) personnel who had opened fire on the innocent people.
Talking to OTV, the Union minister said, “A 10-member team of BJP will visit the spot today to review the situation there. The chairman of the National Commission for Scheduled Tribes (NCST) Rameswar Oraon will also visit the district tomorrow.”
“Necessary action will be taken after getting detailed reports from the chairman of NCST. The state government will be responsible for the consequences as it is trying to cover up the issue,” Oram cautioned.
Reacting on the development, BJD spokesperson Pratap Deb said, “The state government is aware of the incident and has ordered a SIT probe into the matter. The culprits will be punished.”
Official sources said Oraon will visit Kandhamal on Wednesday and submit a report to the Home ministry after a meeting with senior government officials in Bhubaneswar.
Talking to our correspondent in New Delhi yesterday, he had said the July 8 incident in Kandhamal district was not the first such incident in Odisha. There have been two-three instances in the state earlier where the police have killed innocent tribals. In all these incidents, police was not able to do any harm to Maoists. Instead, it opened fire at the tribals suspecting them as the Maoists, he said.
Describing the incident as ‘very sad and unfortunate’, he said the Commission would hold a meeting with the senior state government officials in Bhubaneswar on July 11 before visiting the area in Kandhamal district where the incident had occurred and interact with the people.
“The intention of my visit is to find out why such incidents take place frequently in Odisha where the innocent tribals are killed by the police in the name of encounter with Maoists. Anti-Maoist operations are being conducted in other states too. But such incidents are happening only in Odisha. The state government has to look into the matter seriously. I will have a meeting with the senior officials of the state to find a permanent solution to stop such sad and unfortunate incidents in future,” Oraon said.
On the death of a 15-month old baby girl, who was among the six tribals killed during the encounter, Oraon said the security personnel clearly had no idea that they were not Maoists . But they still fired at them indiscriminately suspecting them to be Maoists.
“All I can say i s it was not a targeted attack. The incident is the outcome of the poor intelligence network of the State Police. I would not say that the State Police has poor intelligence network. But in this incident, there was certainly a serious intelligence failure. I will talk to the chief secretary, Home secretary and the DGP and tell them to find a concrete mechanism to ensure that no such incident take place in future,” the NCST chairman said.
Reacting to the ex-gratia announced by the state government to the families of the deceased, Oraon said; “Giving Rs 5-10 lakh has no meaning. After all, you cannot compensate the life a tribal with money.”
The NCST chairman also said the inquiry by a Judicial Commission announced by the state government into the incident should be completed within 90 days and the state government must act on the basis of the report and the recommendation of the Commission.
Expressing grave concern over the incident, well-known social activist Swami Agnivesh said the six innocent tribals were brutally murdered by the CRPF and SOG personnel. He said the Supreme Court verdict on the fake encounter of more than 1500 civilians in Manipur is applicable to the inciden, which took place in Kandhamal district.
“The incident needs to be probed by a Special Investigation Team (SIT) and the hearing conducted on day-to-day hearing. Apart from this, the families of the deceased have to be given Rs 1 crore ex-gratia each and the security personnel responsible for the killing of these innocent tribals should be immediately placed under suspension,” he told media persons yesterday.
In its verdict on July 9 on fake encounter of 1528 civilians in Manipur, the Supreme Court had said that indefinite deployment of armed forces in the name of restoring normalcy under Armed Forces (Special Powers) Act (AFSPA) “would mock at our democratic process”, apart from symbolising a failure of the civil administration and the armed forces.
The apex court had also observed that “Ordinarily, our armed forces should not be used against our countrymen and women” and that “every person carrying a weapon in a disturbed area cannot be labelled a militant or terrorist or insurgent” and be killed without any inquiry.
The decision was taken at a high level review meeting on the incident presided over by chief minister Naveen Patnaik at the State Secretariat here this afternoon.
Chief Secretary, Home Secretary, Director General of Police (DGP) and Director, Intelligence were present at the meeting.
Talking to media persons after the meeting, the chief minister said to ensure a thorough and impartial probe into the incident, he has directed that an investigation of the case by a Special Investigation Team (SIT) of the State Human Rights Protection Cell (HRPC) to be monitored and supervised by an officer of the rank of Additional Director General (ADG).
“If anyone is found guilty of negligent conduct after the probe, we shall take stringent action. I have also directed the DGP to have a detailed review and apply required correctives so that such an incident is not repeated in future during anti-Maoist operations,” Patnaik said.
Terming the Kandhamal incident 'most unfortunate', the chief minister said his government has taken it seriously.
"My government is always concerned for the Scheduled Caste and Scheduled Tribe and the deprived sections of the society,” he maintained.
The decision of the state government to this effect has come a day before the visit of the chairman of National Commission for Scheduled Caste (NCST) Rameswar Oraon to the state.
As per the schedule, Oraon will arrive in Kandhamal district on Wednesday and visit the place where the incident had taken place.
Amid outrage across the state over the incident, chairman of the National Commission for Scheduled Tribes (NCST) Rameswar Oraon will visit Odisha tomorrow for an inquiry into the case.
Official sources said Oraon will visit Kandhamal on Wednesday and submit a report to the Home ministry after a meeting with senior government officials in Bhubaneswar.
Talking to our correspondent in New Delhi today, he said the July 8 incident in Kandhamal district was not the first such incident in Odisha. There have been two-three instances in the state earlier where the police have killed innocent tribals. In all these incidents, police was not able to do any harm to Maoists. Instead, it opened fire at the tribals suspecting them as the Maoists, he said.
Describing the incident as ‘very sad and unfortunate’, he said the Commission would hold a meeting with the senior state government officials in Bhubaneswar on July 11 before visiting the area in Kandhamal district where the incident had occurred and interact with the people.
“The intention of my visit is to find out why such incidents take place frequently in Odisha where the innocent tribals are killed by the police in the name of encounter with Maoists. Anti-Maoist operations are being conducted in other states. But such incidents are happening only in Odisha. The state government has to look into the matter seriously. I will have a meeting with the senior officials of the state to find out a permanent solution to stop such sad and unfortunate incidents in future," Oraon said.
On the death of a 15-month old baby girl, who was among the six tribals killed during the encounter, Oraon said the security personnel clearly had no idea that they were not Maoists . But they still fired at them indiscriminately suspecting them to be Maoists.
"All I can say i s it was not a targeted attack. The incident is the outcome of the poor intelligence network of the State Police. I would not say that the State Police has poor intelligence network. But in this incident, there was certainly a serious intelligence failure. I will talk to the chief secretary, Home secretary and the DGP and tell them to find a concrete mechanism to ensure that no such incident take place in future,” the NCST chairman said.
Reacting to the ex-gratia announced by the state government to the families of the deceased, Oraon said; "Giving Rs 5-10 lakh has no meaning. After all, you cannot compensate for the life a tribal with money."
The NCST chairman also said the inquiry by a Judicial Commission announced by the state government into the incident should be completed within 90 days and the state government must act on the basis of the report and the recommendation of the Commission.
Expressing grave concern over the incident, well-known social activist Swami Agnivesh today said the six innocent tribals were brutally murdered by the CRPF and SOG personnel. He said the Supreme Court verdict on the fake encounter of more than 1500 civilians in Manipur is applicable to the incident, which took place in Kandhamal district.
“The incident needs to be probed by a Special Investigation Team (SIT) and the hearing conducted on day-to-day hearing. Apart from this, the families of the deceased have to be given Rs 1 crore ex-gratia each and the security personnel responsible for the killing of these innocent tribals should be immediately placed under suspension,” he told media persons.
In its verdict on July 9 this year on fake encounter of 1528 civilians in Manipur, the Supreme Court had said that indefinite deployment of armed forces in the name of restoring normalcy under Armed Forces (Special Powers) Act (AFSPA) “would mock at our democratic process”, apart from symbolising a failure of the civil administration and the armed forces.
The apex court had also observed that “Ordinarily, our armed forces should not be used against our countrymen and women” and that “every person carrying a weapon in a disturbed area cannot be labelled a militant or terrorist or insurgent” and be killed without any inquiry.
Bhubaneswar: Taking suo moto cognizance of media reports on a 15-year old boy, who was allegedly pushed out of a train by a TTE while travelling without ticket on the Coromandal Express on June 25, the National Human Right Commission (NHRC) today issued a notice to the chairman, Railway Board seeking a report on the matter within six weeks.
The Commission, while issuing the notice, observed that the gruesome incident, as reported in an Odia daily on June 26, is an inhuman act and deserves to be condemned.
“Travelling without ticket is illegal but the accused TTE, being a public servant, is supposed to act in a responsible and lawful manner. Sure enough, he is aware that pushing a passenger out of a running train may cause threat to his life. Officers, while dealing with the public, are expected to conduct themselves in a humane and sensible manner,” the Commission observed.
According to the media report, the victim minor boy, P Krishna, who boarded the train from Visakhapatnam to reach Cuttack to meet his grandfather, had no money to buy a ticket. When he failed to show the ticket to the TTE, he demanded a bribe and searched his pockets. Finding no money in his pockets, the TTE abused and pushed him out of the running train near Mancheswar railway station in Bhubaneswar.
Krishna was rescued by the locals, who informed the Nandankanan Police Station in Bhubaneswar. The police shifted him to the Capital Hospital for treatment.
The family members of the victim have lodged a complaint with the Government Railway Police (GRP), which has recorded the statement of the victim and questioned the three TTEs of the train.
Acting on a petition filed by rights campaigner Subash Mohapatra, the apex rights panel found the state guilty and rejected the state’s contention. “The reply furnished by the executive engineer, BSED, Bhadrak, is unacceptable,” the Commission observed.
Pursuant to the show cause notice from the rights body, BSED had argued that at no point of time, the officers of NESCO and their staffs have ever received any grievances/complaints from any quarter, including from any villager of the locality, regarding the snapping/falling of the live electric wire on the fateful day.
Therefore, no compensation should be recommended to be paid to the next of the kin of the deceased, it had said.
Relying on the inquiry report submitted by the additional secretary, the Commission has categorically held that there was negligence on the part of the concerned electrical section. It should have verified the snapped line and taken precautionary measures to prevent any untoward incident but they have failed to do the same, it said.
However, the Chief Engineer-cum-Chief Electrical Inspector reported that the victim is supposed to receive some financial compensation.
Notably, Jayanti Nath had died of electrocution after she came in contact with a low hanging live electric wire on October 22, 2013.
Citing this case, the petitioner lamented the state government had forgotten its accountability to the people and rule of law.
‘The rights panel found the electricity authorities guilty of negligence and a person has succumbed to their crimes. The state government is required to bring the culprits to a court of justice and should proceed with disciplinary proceedings. Unfortunately, the errant authorities enjoy impunity as they have unholy nexus with their higher ups and extraneous consideration matters to them,’ he alleged.
The rights panel clarified that the amount will be over and above the compensation of Rs 3 lakh already paid by the Odisha government to the kin of Basanta Pradhan, who died in custody following torture by Bolangir police in 2014.
Hearing the case in June last year, the Commission had slapped a notice on the Odisha government asking why a compensation of Rs 5 lakh should not be recommended for the kin of Pradhan.
The Commission, in its notice, also stated the report submitted by Additional DGP of Human Rights Protection Cell (HRPC) of State Police has found sufficient evidence to establish complicity of policemen in the incident.
The investigation found the allegation of custodial torture to be true against the then Inspector-In-Charge (IIC) of Bolangir town Tareuqe Ahmed, SIs Anant Kumar Pradhan and Malay Kumar Panda, ASI Dilip Kumar Dang, constable Brindavan Meher and home guard Saroj Kumar Naik under Sections 120B/341/342/343/323/330/348/302/34 of the IPC.
On June 10, 2014, Pradhan, a resident of Hatapada in Titlagarh, was detained by Titlagarh police in connection with a mobile phone theft case that had taken place in Bolangir. He was later handed over to Bolangir police, which released the youth from its custody five days later. However, Pradhan did not keep good health after the incident and died on June 28 prompting allegations of custodial torture.
The incident snowballed into a major law and order situation as angry locals ransacked the office of the SDPO holding police responsible for Pradhan’s death and demanded action.
In the show cause notice issued to the state chief secretary, Justice D Murugesan, member of the Commission, has set aside the contention of the state government that the student committed suicide after she was shown to have failed when she had actually passed the examination. He observed that the as the victim committed suicide on account of negligence of the officials of the Board of Secondary Education (BSE), which had issued a wrong result only to be corrected subsequently, the state government is vicariously liable.
The Commission took cognizance of the matter on the basis of a complaint that Rasmita Sahu, daughter of Bhimsen Sahu of Bhaliabadi village under Khurda Town police station, could not tolerate the trauma of failing her annual HSC examination and committed suicide on May 1, 2014. However, in the revised result, released the next day, she was shown as passed.
Pursuant to the directions of the Commission, the state government had admitted that the result, published on April 30, 2014, was corrected on May 2, 2014, as there was certain anomaly in the result of Third Language (Sanskrit/Hindi) for some students. It also said that publication of result by the Board is a provisional one, subject to modification and revision.
The report further said that the first result published by the Board cannot be linked to the death of the student as she scored below average marks in her school examinations and might have been apprehensive of failing in the examination.
The Commission has issued notices to the Chief Secretary and the Director General of Police, government of Bihar, asking them to look into these type of matters personally and take effective measures to stop them.
The three lynched persons were believed to be searching for a school girl with a motive to kidnap her when the mob attacked and killed them.
A "factual report" on the incident, including action taken against the guilty and measures taken to stop recurrence of such incidents, has been called from them within six weeks.
The Commission has pointed out that even in case of suspicion, a call should have been made to the police authorities and the school administration could have come forward and acted in a lawful manner.
It appears that instead of taking recourse to a lawful action, people gathered only on the basis of suspicion and without any inquiry killed three persons.
According to the commission, which took cognizance of the issue through media reports, Bharat Nayak of Cuttak district lost his ailing wife and his 24-year-old son in quick succession -- on May 10, and May 11, 2016, respectively.
His son could not be shifted in time to a Government Hospital with proper facilities in Cuttack, as he had no money to afford treatment at a private hospital.
The commission observed that Bapi, the son of Bharat Nayak, was suffering from spinal disorder.
His condition continued to deteriorate as the health centre was not equipped to treat him. His father took him to Cuttack but returned as he could not arrange more than Rs one lakh required for the treatment.
"Even as the body of his wife, who died due to heart attack, was lying at his home, Bharat was looking for divine intervention to save his son," said the commission.
The man took his son to a nearby temple, even as his wife’s body was on a funeral pyre with the assistance of Rs 2,000 from the State Government.
"On hearing this, some local people persuaded Bharat to take his son back to the Health Centre where he eventually died, even as Rs 3,000 was arranged through Red Cross to shift him to Cuttack for treatment," said the commission.
The Commission observed that the incident raises serious concerns about the prevailing healthcare facilities in Odisha.
"The commission has issued a notice to the Secretary, Department of Health and Family Welfare, Government of Odisha calling for a report on the condition of the health services in the State and about the non-availability of the ambulance services at Athagarh Health Centre," said the statement from NHRC.
The AIIMS has also told the human rights panel that the twins medical requirements can be managed at any state-level hospital in Odisha having good nursing and pediatric support.
Jaga and Balia were craniopagus conjoined twins -- joined at the head -- which doctors had said was a very rare occurrence. They were successfully separated after a 21-hour-long surgery in October last year.
The NHRC had last month asked for an action-taken report from the All India Institute of Medical Sciences (AIIMS) over a petition that sought to prevent the shifting of the twins to a hospital in Odisha.
The petition was filed by Supreme Court advocate and human rights activist Radhakanta Tripathy, who claimed that the AIIMS' branch in Bhubaneswar did not have the essential infrastructure for the treatment and care of the twins.
The boys from Milipada Village in Odisha's Kandhamal region were likely to be sent back to the state in the second week of March, the petition stated.
In its reply to the NHRC, AIIMS authorities said the children were thoroughly evaluated by a team of doctors.
The team included pediatricians, pediatric neurologists, plastic surgeons, ENT surgeons, neuropsychologists and neurosurgeons, they said.
The team had concluded that after four months of surgery, risk to life is "very low" and they can be discharged and shifted back to Odisha for supportive and continued care, the authorities said.
"A team of senior doctors dealing with these children have met several times and feel that they can be managed at any state-level medical college or district hospital with good nursing and pediatric support near their hometown in Odisha.
"The team has reached a conclusion that after four months of surgery, risk to life is very low and there is no need for ICU or specialised care. Currently, they need good nutrition... and physiotherapy care for continued recovery," the AIIMS said in its reply.
It will be easier for the parents to nurse the children in their home state as "they have been away for over eight months now", the institute said.
"The constraint of beds in the neurosurgery department, CN centre, AIIMS, Delhi, can't be ignored and there is a more than two years waiting period for general neurosurgery ward admissions," the AIIMS said.
"We, at present, have more than two years waiting period for general neurosurgery ward admissions. Patients who can pay for admission to the private ward (cardio, neuro and CNT) have to wait for five to six months for routine admissions. We have been asked on humanitarian ground not to discharge Jaga for over three months now," the institute said.
"He has been kept in the hospital primarily because his parents come from a long distance (Odisha) and we wanted both kids to be ready to be discharged and sent back together with their parents," the response stated.
The reply mentioned that a team of five doctors from Odisha had visited AIIMS, Delhi, on February 26 and they examined the children and met the specialists dealing with the twins.
"It was explained to them that they do not need any special care at AIIMS, Delhi and that they needed nursing care and physiotherapy. The team from Odisha was convinced.
"Such care exists at any state/district level centre across country and in Odisha too," the AIIMS said.
The institute further informed the NHRC that even though the Odisha government had given Rs 1 crore financial support for these children, the premier institute had used only Rs 11.8 lakh.
The remaining money was transferred back to the Odisha government in December last year, it said.
"The entire stay at the hospital for both the children and their parents in two separate rooms over the last eight months and their logistics, and consumables (amounting to over Rs 25 lakh) was borne by AIIMS.
"Needless to say, a team of 35 consultants from various specialties, 40 doctors and 50 paramedical support team (nursing, technicians, physiotherapists) provided uninterrupted 24x7 care to these children as part of our clinical duty," the institute said.
The petition mentioned that the health condition of the twins, who have been staying at AIIMS since the operations along with their parents, needed to improve further before they could be sent to Odisha.
"Once they ... (are) sent back to Odisha, where the infrastructure and ancillary and incidental facilities are lacking, there shall be an imminent threat to their lives," it said.
"The facts and circumstances of the case also pose questions regarding the right to health and basic human rights of not only the children but of the entire family," Tripathy said adding that unless the NHRC intervenes, the "poor, uneducated ST family shall be deprived of justice".
The first phase of the surgery on the twins was performed on August 28 when the doctors created a venous bypass to separate the veins that return blood to the heart from the brain.
The final separation of the twin swas performed by a team of around 30 specialists on October 25.
The NHRC has sought an action-taken-report (ATR) from Odisha Chief Secretary on the alleged denial of basic facilities for human life towards those river-locked villages, officials said today.
Taking cognisance of a petition made by rights activist Sangita Swain, NHRC sought initiation of ameliorative measures for an early end to the plight of the people of Ekamania, Dakhinadiha and Nalapahi villages.
The panel asked the Odisha government for compliance of an ATR within three weeks, said officials here who received the NHRC ruling today.
The three villages were encircled by Bramhani, Karaswata, Pathsala and Hansua rivers leaving over 4000 people virtually in the medieval age, Swain had said in her petition.
They live in far-flung areas, almost isolated, and deprived of facilities of road connectivity, potable water, health services, educational infrastructure as well as electricity, Swain claimed.
Though the government had set up a school there in 2007, it remained locked up for most part of the year due to inaccessibility of the areas, according to the petition.
Ninety per cent of residents do not have toilets and poverty alleviation and social security schemes do not reach them, Swain said.
Speaking at the end of the commission's three-day camp and open session here, NHRC Chairperson Justice H L Dattu said, "There should be amendment in the Protection of Human Rights Act, 1993 so that the commission can take action against officials who ignore its recommendations."
"The commission should have the power to start proceedings against officials ignoring recommendations," he told newsmen admitting that NHRC has ended up only as a recommending body.
Since its inception in 1993, NHRC has provided justice, liberty and equality to many victims of human rights violation, he said.
Also Read: Poverty ‘forces’ mother to sell child in Odisha, NHRC slaps notice
On a question on the plight of people sandwiched between the Maoists and the police, Justice Dattu said, "Situation is gradually changing. The chief secretary of Odisha has informed me that incidents of Left Wing Extremism are reported from certain pockets of only two districts. Gradually, things will improve."
Asked about how NHRC could come to the rescue of innocent people caught between Maoists and police, Justice Dattu said, "The government has been working to improve situation in the Maoist-hit areas. Things may not change overnight."
Speaking on imprisonment of certain tribal people on the basis of alleged false cases, Justice Dattu said, "The commission will act if it gets complaints in this regard. Publish these in newspapers and bring them to our notice."
The commission observed that its recommendation to include human rights in the school curriculum has been accepted by CBSE. Odisha Chief Secretary A P Padhi said he has informed the commission that the state will include human rights as a subject in the schools from 2018-19 academic year.
Justice Dattu also said the Commission last year took at least 350 cases suo motu and issued notice to authorities, some of which have been responded.
He said the commission has made certain recommendations to the state government on the issues relating to the food security, rehabilitation of bonded labourers, issuance of case certificates, atrocities in police stations and others.
The Commission has taken suo motu cognisance of media reports that at least 21 persons died and more than 100 others were injured in the blaze that broke out at the SUM Hospital and Medical College on Monday evening.
"In Odisha, out of 568 hospitals, only three have clearance of the department of fire safety," the NHRC said in a statement today.
The Commission has issued the notice to the Odisha government's Chief Secretary and sought a report in the matter within six weeks, including on the relief and rehabilitation efforts for the next of kin of the deceased and the injured, an NHRC official said.
"He has also been asked to inform about the steps or precautions taken or proposed to be taken by the state government to prevent recurrence of such mishaps," the official said.
The Commission has observed that "callous attitude" and "lapses of the authorities", if any, amount to violation of right to life of the patients, and expressed shock as to how the state authorities "allowed" such a large number of hospitals to function without proper fire safety clearance.
The NHRC has also observed that reportedly the hospital in question was warned as early as in 2013 for not having adequate safety measures but the hospital authorities "ignored" it.
The Director General of Fire Service in Odisha Binay had Behera yesterday submitted a report to the state government on the fire that reportedly started in the Operation Theatre of the Dialysis Ward and spread to ICU and nearby wards.
Behera has mentioned in the report that fire safety norms as per the 2013 guidelines were not followed by the hospital authorities, a government official said.
"40 patients in a critical condition were admitted to different hospitals," the statement said.
Detecting serious lapses in safety measures, Union Health Minister J P Nadda, who inspected the fire-ravaged hospital, today said all those responsible for the incident should be punished.
The state government has ordered a high-level probe by the Director, Medical Education and Training, into the incident.
The notice has been sent through the state chief secretary who has been given four weeks time to submit a report, the National Human Rights Commission (NHRC) said in a press release.
The first incident pertains to a man carrying his wife's body for 10 km as the district headquarters hospital at Bhawanipatna in Kalahandi allegedly did not provide him ambulance services.
The second incident is also about the non-availability of ambulance services due to which an old woman s body was slung on a bamboo pole to carry it in Balasore after she was crushed by a goods train near Soro Railway Station.
The Commission has observed that if found true, both these incidents, raise serious questions about violation of rights of the two deceased persons, the release said.
Stating that Right to Life of a person under Article 21 of the Constitution would also mean that a body is treated with respect, it also referred to reports about "Mahaprayana" scheme for free transportation of bodies from government hospitals to the residences of the deceased.
It said according to the media reports, Dana Majhi's wife died of tuberculosis at district headquarters hospital at Bhawanipatna and the hospital authorities did not offer any help for transporting the body despite Majhi's requests.
He was forced to wrap the body in a cloth and carry it on his shoulder to his home at Melaghara village, 60 km away from the hospital.
After the matter came to light, he was provided with a vehicle to complete the remaining 50-km stretch.
In the second incident, media reports said 80-year-old widow, Salamani Behera was run over by a goods train near Soro Railway Station in Balasore district. Her body was taken to the Community Health Centre.
The Government Railway Police reached the Centre after 12 hours and they could not arrange an ambulance to take the body to Balasore hospital for post-mortem.
Since rigor mortis had developed, the police personnel in order to put the body inside a sack allegedly broke its limbs by climbing over the body and finally carried it all the way from to the CHC to Soro railway station on their shoulders by tying it to a bamboo pole in the full view of the public
Citing a report in an English daily on March 3 that the bonded labourers were freed by State authorities in Tiruvallur District, NHRC said, "if true, (bonded labourers working under inhuman conditions) it raises a serious issue of violation of human rights of the victim labourers."
Quoting the report, the Commission in a press release said that on March 2, about 550 bonded labourers including women from Odisha and Chhattisgarh, were rescued from a brick klin in Tiruvallur district. Belonging to 180 families, they were slogging under inhuman working conditions.
They were allegedly forced to work from 3 am with a meagre weekly wages Rs 400 for a family. They had allegedly been paid an advance before moving to Tamil Nadu.
Ordering notice to Secretary, Labour Department, Government of Tamil Nadu, NHRC called for a factual report within two weeks.
"The report should also specify the steps taken for rehabilitation of the bonded labourers as well as details of the payment of the release amount (financial assistance) to the bonded labourers," the Commission said.
The NHRC team will be available for at least three hours on Monday from 10 a.m. at Staff Officers' Mess, Sector V Saltlake, Kolkata to interact with complainants, victims, petitioners and other stakeholders to address their grievances and listen to their points. These members were also present at 4 p.m. on Sunday too.
The NHRC has made it clear that its members would meet victims or complainants, irrespective of their caste, creed, religion, gender, ethnicity and political affiliation. Those who are unable to come have been advised to send their complaints, petitions, supporting evidence and documents at its email ID: nhrcwrit142@gmail.com and or talk to the NHRC team member on Mobile No.: 8826705906 and 8799712259.
As per the direction of West Bengal High Court dated June 18 this year, a Committee was constituted by NHRC Chairperson, Justice (retd) A.K. Mishra, to look into the various cases, complaints, allegations of violations of human rights, particularly in the post-poll period in West Bengal.
The NHRC was asked to submit its report before the court by June 30, the next date of hearing.
Hours later, the NHRC constituted a seven-member panel to "enquire into complaints of post-poll violence in West Bengal" and told the panel to identify people who were prima facie responsible for the violence and the officers who maintained a "calculated silence".
The Committee, headed by former Intelligence Bureau chief Rajiv Jain, who assumed charge as NHRC member on June 2, has been touring various places in West Bengal and enquiring into the veracity of these complaints and allegations.
The committee also comprises National Commission for Minorities Vice-Chairman Atif Rasheed, National Commission for Women member Rajulben L. Desai, NHRC's Director Investigation Santosh Mehra and DIG, Investigation, Manzil Saini, West Bengal Human Rights Commission Registrar Pradip Kumar Panja and West Bengal State Legal Services Authority member Secretary Raju Mukherjee.
The High Court, which heard several petitions on the violence that erupted after the ruling Trinamool Congress won the state elections, ordered on June 18 that the NHRC has to constitute the committee. The state government rushed to the high court the following day with a review petition, requesting the five judges to recall their order.
The Bharatiya Janata Party (BJP) has mounted a relentless campaign against the Mamata Banerjee government, alleging that its supporters are being targeted. It has alleged that more than 30 people have been murdered and women have been raped and molested as well for supporting the party.
The Commission has observed that contents of the news report, if true, raise a serious issue of violation of human rights of labourers. It issued notices to the Chief Secretaries of Andhra Pradesh, Tamil Nadu and Karnataka calling for a factual report within two weeks.
"They may not be able to cast their votes for the upcoming Lok Sabha polls to be held in the state on April 10 and 17 this year," the Commission said in a release.
Reportedly, these labourers are from the western districts of Odisha. They will have to work at brick kiln till mid June because they had taken loans from labour agents with the promise to work from November to June, the statement said.
In its order passed last week, the NHRC had directed to issue reminder to the twin city police commissioner to submit the requisite report within six weeks positively.
"Failing which, the NHRC shall be constrained to issue coercive process under section 13 of Human Rights Act of 1993," the NHRC order said.
The NHRC had earlier issued two notices to the police commissioner and several reminders were sent. But the police commissioner failed to respond to the notices and reminders of the NHRC following which the ultimatum was issued last week.
Advocate Nishikant Mishra of Orissa High Court had approached the NHRC stating that the state police acting at the "behest" of their political bosses of ruling BJD had "brutally assaulted" the Congress workers on September 6, 2012 in Bhubaneswar without any provocation.
The complaint had also alleged that at least hundred Congress workers were injured in the police action. Even some media men gathered at the rally were not spared, Mishra had maintained in his complaint.
Seeking the Commission's intervention, the human rights activist had urged the former to order for a departmental enquiry and action against the erring policemen who attacked the political workers.
Additional Sessions Judge (ASJ) Virender Bhat awarded seven years jail to convict Jagdish Nautiyal, a gazetted NHRC officer for establishing physical relations with a widow and marrying her by concealing his first marriage.
The court observed that the convict is the son of a retired assistant registrar of the high court, and said this made the "offence committed by him more serious."
"The persons like the convict (Nautiyal) are expected to exhibit a moral character of the highest degree and serve as an example in the society," the judge said in the order delivered Monday.
Observing that assault upon a socially weak widow after inducing a belief in her mind that she has become lawfully married to the assailant cannot be termed an offence of lesser gravity, the court slapped a fine of Rs. 1.5 lakh on him.
According to the prosecution, the victim had alleged that the convict had established physical relations with her and married her after concealing his first marriage.
Nautiyal married her after the death of the victim's husband. A few months after the marriage, the victim came to know that he was married and had two kids, the prosecution said.
A case was registered against him July 2011 in Nanakpura in west Delhi.
The court observed that despite being happily married and having children, he was "overpowered by excessive erotic desire" and approached the victim soon after the death of her husband.
We city dwellers cannot even imagine the hardships these hapless people were made to undergo for six decades. Heavy rains confine us to our houses for a day and all hell breaks loose. The outrage is loud enough to keep the administration on its toes for days trying to drain out water from streets and residential areas. But thousands of people have been forcibly water-locked for decades and not a whimper anywhere. They have been denied the barest minimum of amenities for living: food, basic medical facilities and - not to forget – electricity, for which they were forced out of their homes in the first place. Those who get restive when made to wait for transport for just half an hour can never understand what it is like to be at the mercy of an extremely erratic and unreliable motor launch service that gets frequently disrupted due to the vagaries of weather, callousness of the service providers and the threat of Maoists; to remain cut off from the rest of the world for days and, at times, weeks. People who get their provisions booked online and delivered at their doorsteps can never realize the plight of those who have to cross the mighty reservoir for the smallest of needs; even something as elementary as a match box. Their miseries never make it to social media or lead to outrage on the streets. Just about the only time the media’s attention turns their way is when an act of Maoist depredation takes place. Political parties that barge into government offices, hosepipes in hand, and inundate the office and drench the officers on duty in protest against water logging in the city have no time to do the same to demand an end to the water-barring of 30, 000 people for decades together.
It was, in my view, one of the worst – if not the worst – and certainly the most sustained violation of human rights known in independent India. I am, in fact, surprised that no one has bothered to approach the National Human Rights Commission (NHRC) - and maybe even the International Court of Justice (ICJ) - against this wanton disregard of rights guaranteed under the Constitution.
And pray what exactly were these people made to pay for all these years? For their cardinal filly of trusting the government and leaving their homes and hearths to be submerged under water so that homes and streets in faraway cities and towns could be lighted up!
As if all that was not bad enough, the Maoists found a safe haven in this god forsaken area that borders Andhra Pradesh on one side and Chhattisgarh on the other. Already reeling under all kinds of deprivations, the people of the area got caught in a whirlpool of violence and ended up getting the worst of both the worlds. The police believed they were all sympathizers and harbourers of Maoists and unleashed unspeakable horrors on them. The Maoists thought they were ‘police informers’ and punished them for it by selective killings. It was a classic Catch 22 situation where you are ‘damned if you do and damned if you don’t’. They were mere pawns as the security forces engaged in a fierce battle for supremacy with the Maoists. And the rest of the state was too busy going about their own business to bother about the plight of these people caught in the crossfire.
Chief Minister Naveen Patnaik has done well to sound a note of optimism hoping that the ‘Samparkara Setu’ (‘Bridge of Relationship’) will ‘transform’ lives in the cut off area. But I would have been happier had he used the occasion to tender an unqualified apology on behalf of all of us to the people of the area that ceased to be the ‘cut off area’ on Thursday.
(DISCLAIMER: This is an opinion piece. The views expressed are author’s own and have nothing to do with OTV’s charter or views. OTV does not assume any responsibility or liability for the same).
There is something fundamentally wrong with our governance that stirs the administration into action only after something has assumed the proportions of a full blown crisis. The same flaw makes the government machinery take its foot off the pedal the moment the crisis is over. And get hyper-active after another crisis blows in its face.
Let us consider a few examples from the recent past that proves this point. The state government swung into action after reports of 18 malnutrition deaths hit the headlines in Nagada village in Jajpur district. Doctors’ teams reached the inaccessible village; plans were drawn up for construction of a road to this remote village; appeals were made to the people to come down from the hills and settle on the foothills. Then suddenly and inevitably, it was back to business as usual the moment Nagada went off the media radar.
To take another example, after 27 members travelling in a rickety old bus fell to death at the Gailo ghat in Deogarh district in May this year, there was brave talk of ‘strictly’ enforcing the rules for passenger buses. Had the promise made at the time been fulfilled, the Athmallick mishap on September 9 could perhaps have been averted. But then in the system of governance that we have put in place, promises are made by the government only to assuage public outrage following a crisis without any real intention of carrying them out.
The case of the spread of the deadly Japanese encephalitis in Malkangiri is no different. It has taken 34 infant deaths in less than a month for the government to wake up to the gravity of the situation. What we are witnessing right now is a rerun of the time-tested routine: hectic ‘review’ meetings, followed by dispatch of teams of doctors to the affected areas, fogging, efforts at segregating the pigs that are the carriers of this vector-borne disease from humans and so on.
Also Read: Centre assures all support to Odisha to check encephalitis
It is not as if it is the first time the deadly mosquito-borne has spread its wings in this remote, poverty stricken district. The disease first raised its ugly head in 2011 and has recurred almost every year since then taking a heavy toll of human lives. But little was done in the preceding years to prevent its recurrence in future. That the disease is carried to humans via pigs is well-known. The government could not have been unaware of the fact that timely vaccination – and segregation of pigs from humans - is just about the only way to fight this menace. And yet, it did precious little to prevent a recurrence. The measures being initiated now should have been taken long ago. Vaccination is being talked about (and a subtle attempt made to put the blame on the Centre) at a time when the disease has already assumed epidemic proportions. Segregation of pigs and humans, which should have been done in the first year itself, is being thought of only now. This when anyone with even a cursory knowledge of the disease knows that it always spreads during the monsoon.
What we are witnessing in Malkangiri now has been seen every time there has been a disease outbreak anywhere in the state. Just recall the jaundice deaths in Sambalpur and infant deaths in Cuttack last year or the jaundice outbreak in Cuttack and other places this March-April this year. The worst part is remedy for all these diseases are well known: end to open defecation and replacement of leaking water pipelines in case of jaundice, vaccination for a host of diseases and so on. And yet, the rotting pipelines continue to rot, human excreta continues to be released into open drains and vaccination is remembered only when a disease has taken on epidemic form.
It is not as if it is only the present government that is guilty of such apathy. Every government in post-independent India, including the Central government, shares this trait of hurtling from one crisis to another. The major reason for this is that the people are yet to demand accountability from the government they elect. The day they do that, governments would hopefully stop coming up with what is called the ‘band aid’ solution to major health issues. Till such time, only god can save those who are unfortunate enough to fall victim to diseases.