Directive issued to Authority of KISS Tribal School, Bhubaneswar, Odisha to comply within one month on the basis
of CWC Inquiry Report in the matter of alleged torture of children
living in KISS
of CWC Inquiry Report in the matter of alleged torture of children
living in KISS
Dear friends
Following the
complaint on allegation of
torture of children living in KISS tribal school by Subas Mohapatra, Human
Rights Activist on
17.4.17, a joint Inquiry Committee
comprising the members of Child
Welfare Committee, Khurda and District Child Protection Officer enquired into
the matter on 19.6.2017. on the basis of
the enquiry report, Child Welfare Committee, Khurda has issued the
following direction dated 8.8.2017 to the authority of KISS Tribal school,
Patia, Bhubaneswar to comply within month. No doubt, this is a biggest achievement of Subas Mohapatra and his
greatest contribution to save the tribal
children from hunger and
malnutrition.
complaint on allegation of
torture of children living in KISS tribal school by Subas Mohapatra, Human
Rights Activist on
17.4.17, a joint Inquiry Committee
comprising the members of Child
Welfare Committee, Khurda and District Child Protection Officer enquired into
the matter on 19.6.2017. on the basis of
the enquiry report, Child Welfare Committee, Khurda has issued the
following direction dated 8.8.2017 to the authority of KISS Tribal school,
Patia, Bhubaneswar to comply within month. No doubt, this is a biggest achievement of Subas Mohapatra and his
greatest contribution to save the tribal
children from hunger and
malnutrition.
Major issues
in respect of violation of right of
tribal children in KISS Tribal school identified by CWC, Khurda is as follows
in respect of violation of right of
tribal children in KISS Tribal school identified by CWC, Khurda is as follows
1.
It is astonishing that KISS Tribal School is not recognised by Tribal Welfare
Deptt. Of Govt. of Odisha till yet.
It is astonishing that KISS Tribal School is not recognised by Tribal Welfare
Deptt. Of Govt. of Odisha till yet.
2.
The Institute only accommodates
poor tribal children. Academic proficiency
is not a criterion for selection.
The Institute only accommodates
poor tribal children. Academic proficiency
is not a criterion for selection.
3.
The children are living as
internees of the school hostel.
The children are living as
internees of the school hostel.
4.
No Govt. authority other than
education Dept. Inspects the activities
of KISS.
No Govt. authority other than
education Dept. Inspects the activities
of KISS.
5.
There are no sufficient toilet
available for huge number of children
living in the hostel. Hence children are suffering.
There are no sufficient toilet
available for huge number of children
living in the hostel. Hence children are suffering.
6.
The living space of the
children are too congested for the
children to live comfortably. Hence the
Hostel rooms are found over-crowded. Rooms
are not cross-ventilated. Some single beds are shared by two children.
The living space of the
children are too congested for the
children to live comfortably. Hence the
Hostel rooms are found over-crowded. Rooms
are not cross-ventilated. Some single beds are shared by two children.
7.
The living rooms are found
untidy, stinky and unhygienic as these are over-crowded.
The living rooms are found
untidy, stinky and unhygienic as these are over-crowded.
8.
Children are not given freedom
to play even to watch the games except a
few selected children who participate in outside games.
Children are not given freedom
to play even to watch the games except a
few selected children who participate in outside games.
9.
Small size sanitary napkins are
provided to the adolescent girls as a result the older girls feel
uncomfortable.
Small size sanitary napkins are
provided to the adolescent girls as a result the older girls feel
uncomfortable.
10.
Staffing pattern is too less to manage
such a huge crowd of children. For 400
children, there are only 2 supervisory staff.
On the other hand the staff are
not found to be trained on child rights and child protection.
Staffing pattern is too less to manage
such a huge crowd of children. For 400
children, there are only 2 supervisory staff.
On the other hand the staff are
not found to be trained on child rights and child protection.
11.
There is no grievance redressal mechanism in the hostel. No complaint Box.
Hence the grievances of the children are found not heard properly.
There is no grievance redressal mechanism in the hostel. No complaint Box.
Hence the grievances of the children are found not heard properly.
12.
Since there are may children especially adolescents are living
together, they have to have many issues
which need to be addressed by the
case worker/ counsellor. But the institution has not appointed any such staff.
Since there are may children especially adolescents are living
together, they have to have many issues
which need to be addressed by the
case worker/ counsellor. But the institution has not appointed any such staff.
13.
Though the management explained that
the children’s health check up is
conducted prior to admission and there
is a separate hospital for the children. But in practice there is no sick room
adjoined to the hostels to accommodate
the sick children.
Though the management explained that
the children’s health check up is
conducted prior to admission and there
is a separate hospital for the children. But in practice there is no sick room
adjoined to the hostels to accommodate
the sick children.
14.
Children eat “chuda” and
sugar everyday at 7 am. After that they
take a meal and go to the school. They come back from school at 4 pm. They eat rice &
curry at night. No menu chart followed. Repetition of food menu and monotonous diet is given to the children. Huge gap between
two meals is observed. Due to insufficient nutrition , the children are found undernourished and anaemic.
Children eat “chuda” and
sugar everyday at 7 am. After that they
take a meal and go to the school. They come back from school at 4 pm. They eat rice &
curry at night. No menu chart followed. Repetition of food menu and monotonous diet is given to the children. Huge gap between
two meals is observed. Due to insufficient nutrition , the children are found undernourished and anaemic.
15.
There are several
instances of children running away from
the institution due to poor
grievance redressal mechanism . Many times the run away children are produced
before WC and the committee has noticed that no FIR is lodged by the authority. Though
the Child Welfare Committee has issued notice to the KISS authority to appear
and explain about the reasons of runaway and non-reporting about the fact to
the police. But the authority of KISS never cares to appear.
There are several
instances of children running away from
the institution due to poor
grievance redressal mechanism . Many times the run away children are produced
before WC and the committee has noticed that no FIR is lodged by the authority. Though
the Child Welfare Committee has issued notice to the KISS authority to appear
and explain about the reasons of runaway and non-reporting about the fact to
the police. But the authority of KISS never cares to appear.
Directives to KISS Tribal School by CWC, Khurda
1.
First of all it is necessary
for the institution to get
recognition from the Dept. of Tribal
Welfare. So that the government people can inspect
the institution and give proper
advise to improve standard of care. They will be responsible for any deficiency of standard of care. Hence, the KISS
Authority is to apply to the Dept.
of Tribal welfare , Govt. of Odisha in a month
time to obtain necessary
recognition. At least a set of guidelines may be
issued to the institution to maintain standard of care of the children and to address grievances of the children.
First of all it is necessary
for the institution to get
recognition from the Dept. of Tribal
Welfare. So that the government people can inspect
the institution and give proper
advise to improve standard of care. They will be responsible for any deficiency of standard of care. Hence, the KISS
Authority is to apply to the Dept.
of Tribal welfare , Govt. of Odisha in a month
time to obtain necessary
recognition. At least a set of guidelines may be
issued to the institution to maintain standard of care of the children and to address grievances of the children.
2.
Since the institution has
accomodated some children in need of care and protection, it needs to be recognised by the Deptt. Of W and CD under JJ Act.
This would help the government
officials of JJ system to verify standard of care and to see whether all rights
to the children are ensured.
Hence the KISS Authority is to apply
in specific form to Khorda
district administration within a month time
to issue certificate of recognition u/s 41 of Juvenile Justice ( care
and prortection of children) Act
2015.
Since the institution has
accomodated some children in need of care and protection, it needs to be recognised by the Deptt. Of W and CD under JJ Act.
This would help the government
officials of JJ system to verify standard of care and to see whether all rights
to the children are ensured.
Hence the KISS Authority is to apply
in specific form to Khorda
district administration within a month time
to issue certificate of recognition u/s 41 of Juvenile Justice ( care
and prortection of children) Act
2015.
3.
All the children
who come under the purview
of “ child
in need and protection” under section 2 (14) of the JJ Act
are to be identified and be
produced before CEC, Khurda as per
section 31 of the Act with proper
background report in one month time.
All the children
who come under the purview
of “ child
in need and protection” under section 2 (14) of the JJ Act
are to be identified and be
produced before CEC, Khurda as per
section 31 of the Act with proper
background report in one month time.
4.
The inquiry committee
realised that within the
existing infrastructure, it is not
proper to accommodate such a huge number
of children . Hence either the number of
children shound be reduced or necessary
infrastructure should be developed
to meet the needs of the
children as per ICPS norms. The institution shall submit
an action plan report in the matter to this committee within one month
time.
The inquiry committee
realised that within the
existing infrastructure, it is not
proper to accommodate such a huge number
of children . Hence either the number of
children shound be reduced or necessary
infrastructure should be developed
to meet the needs of the
children as per ICPS norms. The institution shall submit
an action plan report in the matter to this committee within one month
time.
5.
The guideliens for ensuring a
child safe environment in institutions
where children are housed and /or study
issued by the Dept. of Women and
Child Development , Govt. of Odisha vide
notification No. 13626 dated
23.8.2014 is to be mandatorily followed
by the Institution and be monitored
by the District Administration / education authority. All the
provisions laid down under this guidelines shall be
complied by the institution within one month tome so that
safety of the children can be
ensured.
The guideliens for ensuring a
child safe environment in institutions
where children are housed and /or study
issued by the Dept. of Women and
Child Development , Govt. of Odisha vide
notification No. 13626 dated
23.8.2014 is to be mandatorily followed
by the Institution and be monitored
by the District Administration / education authority. All the
provisions laid down under this guidelines shall be
complied by the institution within one month tome so that
safety of the children can be
ensured.
6.
The inmate should be provided with necessary toilets and bathroom services for their comfortable
living as it is their right. An
action plan report in this regard shall
be submitted to this committee
within a month time.
The inmate should be provided with necessary toilets and bathroom services for their comfortable
living as it is their right. An
action plan report in this regard shall
be submitted to this committee
within a month time.
7.
In view of accomodation of huge
number of children, this committee feels that
there shall be at least a proper
Child Protection Policy in the
institution as a safety mechansim for the children. Hence,
the KISS authority shall publish
a clear ChILD Protection Policy
document in the institution which shall be read and signed by all the people working in the institution withina month period.
In view of accomodation of huge
number of children, this committee feels that
there shall be at least a proper
Child Protection Policy in the
institution as a safety mechansim for the children. Hence,
the KISS authority shall publish
a clear ChILD Protection Policy
document in the institution which shall be read and signed by all the people working in the institution withina month period.
Comments
1.
While passing direction, CWC,
Khurda has ignored or bypaased major issued relating
to violation of right of the
children. For example, in its enquiry report, CWC has mentioned
that “Children eat “chuda” and sugar everyday at 7 am. After that they take a meal and go to the school. They come back from school at 4 pm. They eat rice &
curry at night. No menu chart followed. Repetition of food menu and monotonous
diet is given to the children. Huge gap
between two meals is observed. Due to insufficient nutrition , the children are found undernourished and anaemic.” But
CWC has not made any direction
to KISS authority to ensure
nutritious food to the children. This is
the biggest violation of right to food of the children.
While passing direction, CWC,
Khurda has ignored or bypaased major issued relating
to violation of right of the
children. For example, in its enquiry report, CWC has mentioned
that “Children eat “chuda” and sugar everyday at 7 am. After that they take a meal and go to the school. They come back from school at 4 pm. They eat rice &
curry at night. No menu chart followed. Repetition of food menu and monotonous
diet is given to the children. Huge gap
between two meals is observed. Due to insufficient nutrition , the children are found undernourished and anaemic.” But
CWC has not made any direction
to KISS authority to ensure
nutritious food to the children. This is
the biggest violation of right to food of the children.
2.
CWC has not come out with any direction KISS
Authority about enforcing grievance redressal mechansim
in the institution.
CWC has not come out with any direction KISS
Authority about enforcing grievance redressal mechansim
in the institution.
16.
CWC has not made any
specific direction about problem of run-away children from KISS
tribal school. Because , despite
notice issued by Child Welfare Committee to the KISS authority to appear and explain about
the reasons of runaway and non-reporting about the fact to the police, the authority of KISS never cares to appear.
CWC has not made any
specific direction about problem of run-away children from KISS
tribal school. Because , despite
notice issued by Child Welfare Committee to the KISS authority to appear and explain about
the reasons of runaway and non-reporting about the fact to the police, the authority of KISS never cares to appear.
Story does not end
here. Myself and Subas
Mohapatra will go for follow up and monitor
how CWC order was complied by KISS Authrity through use of RTI and expose true character of Achyut Samant.
here. Myself and Subas
Mohapatra will go for follow up and monitor
how CWC order was complied by KISS Authrity through use of RTI and expose true character of Achyut Samant.
Pradip Pradhan
M-9937843482
Date- 24.8.17
