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Report on involvement of children in agitation against POSCO project
1 [`NCPCR Confidential `]
(1) AN INTRODUCTION TO POSCO PROJECT *
(1.01) On 22 nd June 2005 the State of Orissa signed a Memorandum of
Understanding (MoU) with the South Korean Steel giant Pohang Steel
Company Limited, widely known as POSCO. The project involves
construction of a 12 Million Tons Per Annum (MTPA) integrated steel plant
and a Captive Port on the mouth of river Jatadhari, (an estuary) about 10
KM away from the major port at Paradip, both in the Ersama Block of
Jagatsinghpur district, in Orissa. The project also envisages grant of Mining
Lease for at least 600 million tons of iron ore reserve at Khandadhar in
Sundargarh district and a water project for supply of water to the plant,
township and port.
(1.02) The state Government has sanctioned 4004 acres for the project in
Jagatsingpur district. Out of it 438 acres are private lands and the rest 3566
acres are government lands. Of the so called government lands, 607 acres
are of non-forest nature, mostly classified as ANABADI or waste lands. The
rest 2959 acres are shown as forest lands, some of it being recorded as
PROTECTED FOREST LANDS and the balance being classified as VILLAGE
FOREST LAND. The forest lands have been diverted, along with necessaryclearance under the Forest Conservation Act to use it for non-forest
purpose, by the MOEF, Government of India.
(1.03) The sanctioned project-area is situated in eight Revenue villages
namely (i) Dhinkia & (ii) Gobindapur, both under Dhinkia Gram-Panchyat,
(iii) Nuagaon & (iv) Jatadhar, both under Nuagaon Gram-Panchyat, (v)
Noliasahi (vi) Bhuyanpal, (vii) Polanga and (viii) Bayanalakanda, all four
coming under Gadakujanga Gram-Panchyat. There is no habitation invillage Jatadhar; however in all other villages people do live. Some of the
Government lands covered by the project-area are under encroachments,
for betel vines, agriculture, pisciculture, cashew cultivation, etc. The extent of
encroached lands, particularly under Dhinkia and Nuagaon Panchayats,
could not be given by the District Administration.
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(1.04) Quite a good number of SC and OBC persons inhabit in these villages.
The dominant lively-hood system consists of betel cultivation, agriculture,
pisciculture, cashew cultivation and fishery. On account of the typical soil
quality, it is conducive for growth of very high quality betel leaves. There are
also landless labourers who work in such activities for their lively-hood.
Availability of scope for fire-wood collection and grazing of cattle have
been like an additional bonus for years & years, particularly to the landless
persons.
(1.05) As per the socioeconomic survey conducted by the XIMB, the total
number of displaced families is 718 (466 direct families + 252 extended
families). According to the district administration, the number of affected
families is 2500. Village Noliasahi and the hamlet named Patana in
Revenue village Dhinkia would be fully displaced. Other villages, except
Jatadhar, are partly displaced. The local people claim the number of
affected families to be more than 4000 and the affected population to be
not less than 22000 persons. The District Administration reports that
compensation / rehabilitation and resettlement packages have been
determined and declared for all the affected / displaced families, including
encroachers of Government lands, with consensus in the Rehabilitation and
Periphery Development Advisory Committee constituted under the R&R
Policy of the Government of Orissa.
(1.06) Though the Resettlement & Rehabilitation Policy of the Government of
Orissa says also that the industry owner should on its own purchase some
private lands, the Company has not purchased any private land.
Apparently, the approach is to use only the Government machinery in
procuring the required lands. There has been also dispute between theencroachers and the Administration on the period since when the
Government lands are under encroachment. The claim by the encroachers
that it is since many decades is denied by the Administration.
* Source of data: The District Administration and the report of the Meena GuptaCommittee appointed by the MOEF, Government of India.
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(2) PROTEST AGAINST THE PROJECT
(2.1) The MOEF, Government of India, which had appointed the Meena
Gupta Committee to examine complaints raised by local people,
particularly on alleged violation of the Forest Rights Act, and had stoppedfurther progress in acquisition of the project lands, re-looked into the gamut
of the whole issues on the basis of the Report of the Committee and has
recently granted clearance to the project; of course with some minor
conditions and suggestions.
(2.2) In spite of declaration of reportedly liberal compensation / rehabilitation
and resettlement packages for the affected / displaced families, opposition
to the project has been exhibited particularly in Dhinkia, Gobindapur and
Nuagaon villages. The inhabitants there have been blockading the access
roads/entry points to prevent government officials from entering into the
villages. An organization named POSCO Pratirodh Sangram Samiti (PPSS) led
by one Abhay Sahoo has been spearheading the protest.
(2.03) Loss of livelihood, of a self sustained local economy and loss of an
entire way of life are concerns, on which the local resistance to the project is
allegedly based. These have been continually articulated by women and
men agitating against the project. In the voice of a local woman at the site
of agitation:
"They are asking us to vacate our betel vines. What do they
mean? We have examples of the families who were displaced
in Trilochanpur at Paradip by the Indian Oil Corporation Limited
plant. Those families are today in a state of misery. They have
spent their compensation money and the women have been
suffering the most, having to do hard labour all day to support
the family".
The trauma of displacement or loosing the lands providing livelihood support
in the past, at present and in future, coupled with the perception of
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inadequate compensation package and the perception of benefit to
industry owners and the like, at the cost of their own livelihood support,
would normally catalyze development of a hostile attitude on the part of the
displaced / affected persons towards Government Employees and Police
coming for taking over possession of their lands, even if held under
encroachment. Grievance of non-recognition of legal rights to so-called
encroached lands and the fear of perceived or actual exclusion from
eligibility to receive compensation & rehabilitation packages do aggravate
the apathy / hostile attitude against the administration resulting in agitations
to protect their interest.
(2.04) The process of taking over possession of the lands under
encroachments, particularly for betel vines, was resumed by the State
Government, soon after the order passed recently by the MOEF,
Government of India, withdrawing the order of stay on further acquisition of
project lands and granting clearance for the project. As counter measure to
resumption of such action by the government, the protesters immediately
started blockading all access-roads & entry points to the villages, more
particularly to Dhinkia and Gobindapur. Villagers of Nuagaon are also said to
have joined hands with them in the blockade. Children of the said villages
also got involved in it and have been sitting daily in agitation (DHARANA)
for days together since 10.06.2011. Reports came in media that children of
Dhinkia and Gobindapur villages had been involved in the blockade as
human shields.
(3) INTERVENTION BY THE N.C.P.C.R.
(3.01) The National Commission for Protection of Child Rights (NCPCR) has
been constituted by the Ministry of Women & Child Development as a
Statutory Body of the Government of India under Section 3 of the
Commissions for Protection of Child Rights (CPCR) Act, 2005 to exercise the
powers conferred on it and to perform the functions assigned to it under the
said Act.
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(3.02) One of the functions of the Commission under Section 13 (1) (i) of the
CPCR Act, 2005, is to inquire into the complaints and to take suo-motto
notice of the violations / deprivations of child rights. The Commission under
Section 14 of the CPCR Act, 2005, has all the powers of a Civil Court in trying
a suit under the Code of Civil Procedure, 1908 (5 of 1908).
(3.03) Section 31 (1) of the Right to Free and Compulsory Education Act,
2009, requires the N.C.P.C.R. to perform the following functions in addition to
the functions assigned to it under the C.P.C.R. Act:
(a) Examine and review the safeguards for rights provided by or
under this Act and recommend measures for their effective
implementation;
(b) Inquire into complaints relating to childs right to free and
compulsory education; and;
(c) Take necessary steps as provided under Sections 15 and 24
of the said Commissions for Protection of Child Rights Act.
Section 31 (2) of this Act provides that the said Commissions shall, whileinquiring into any matters relating to childs right to free and compulsory
education under clause (c) of sub-section (1), have the same powers as
assigned to them respectively under sections 14 and 24 of the said
Commissions for Protection of Child Rights Act.
(3.04) The National Commission for Protection of Child Rights had suo-motto
taken cognizance of reports in media about small children not going to
schools and instead getting involved in such agitation and sitting in protest.
(3.05) The Commission also received two Memorandums alleging the
violation of child rights by the government and the agitators resulting in their
absence from the schools.
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(3.06) Right to survival, protection, development and participation are the
basic child rights. Right to survival includes right to nutrition, health-care and
sanitation. Right to participation includes the right to expression by the
children of their own opinion, particularly in matters concerning them. Right
to development includes right to education and recreation. The
fundamental right to life & liberty provided by Article 21 and the
fundamental right to free and compulsory education up to the age of 16
years, provided by Article 21-A of the Constitution, demanding
corresponding duties from the State to ensure the same are also available to
the children, in addition to the basic child rights. The Right to Free and
Compulsory Education Act, 2009, has been enacted to ensure the right to
free & compulsory education under Article 21-A of the Constitution.
(3.07) Amidst reports of conflicting reasons behind involvement of children,
particularly of villages Dhinkia and Gobindapur, in the agitation against the
project and the Governments deliberate actions / inactions in relation to it,
and conflicting pictures of their involvement, it is clearly perceptible that the
children have not been going to schools and that the mechanism / welfare
schemes for ensuring their presence in schools have failed.
(3.08) The given situation demanded immediate intervention by the NCPCR
in exercise of its powers. The first requirement from it was an independent
investigation into the allegations. Accordingly, the NCPCR constituted a
three-member Team with the following composition to investigate into the
complaints received from the Delhi Odia Students Association and the All
India Students Federation, regarding violation of child rights, including the
right to free and compulsory education of children of village Dhinkia and
Gobindapur and into the media reports on the same. The Commission alsoprovided the necessary logistic support for movement of the Team-Members
in connection with the investigation.
COMPOSITION OF THE TEAM
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DR. YOGESH DUBE
MEMBER, NCPCR, NEW-DELHITEAM LEADER
MR. RABI SANKAR MISRA
FORMER DISTRICT JUDGE, CHILD RIGHTS ACTIVIST ANDFORMER CHAIRPERSON, CWC, BHUBANESWR
MEMBER
JAYAPRAKASH RAORETIRED PROFESSOR OF SOCIOLOGY AND A KNOWNSOCIAL ACTIVIST, HYDERABAD
MEMBER
(4) INVESTIGATION BY THE TEAM
(4.01) The assignment for the team required immediate investigation, and in
course of it to visit the localities, talk to stakeholders from cross-sections
among the people, including some of the children, to interact with the
District Collector on allied matters / observations during the field visit and to
have a discussion with the Chief Secretary of the State on the relevant issues.
(4.02) Functionaries of the same Delhi Odia Students Association met Dr.
Yogeswar Dube in the State Guest House at 5 PM on 03.07.2011 and
submitted a new written memorandum to him mentioning that 52 families of
village "DHINKIA" had been driven out by other residents of that village in
2008 because they supported the project, that they have been living in a
"transit camp" since then and that there is no facility of health-care &
schooling for their children in the "transit camp".
(4.03) ISSUES IN THE INVESTIGATION
01. Back-drop & manner of involvement of children inagitation.
02. Possibility of any coercion / threat forcing the parentsand guardians to involve their children in such agitation.
03. Possibility of anxiety-factor behind involvement bychildren.
04. Is it a case of only misuse of children by a few persons?
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05. Failure, if any, of the Government machinery in providingthe welfare and other required measures to the children.
06. Response to the situation from concerned Authoritiesand other organizations.
07. Fall-out and gamut of loss to the children, now and infuture.
08. Whether the Administration should be more responsive?
09. Desirability of any legal / police action in the givensituation.
(4.04) PLAN OF ACTION BY THE TEAM
The action plan by the Team consisted of visit to different to places, followed
by meeting and interaction with the Collector of the District and meeting
with the Chief Secretary, as per the following programme.
3 rd July 2011 : Pre-visit meeting among the Team Members to work out themodality of the investigation.
4 th July 2011 : Visit to (1) transit camp at Badagabapur, where 52 familieshave been temporarily sheltered, (2) Primary school atBalitutha, (3) Anganwadi centre inside the said school
premises, (4) Primary school at Dhinkia and (5) site of protest /blockade at Gobindapur. Meeting and interaction with theCollector and his Officers at Paradeep.
5 th July 2011 : Meeting with the Chief Secretary in the secretariat, atBhubaneswar
(4.05) PURPOSE OF THE FIELD VISIT
To have a detailed dialogue with various stakeholders
(children, parents, local leaders, agitators, teachers and
District Administration) and to have an assessment of the
situation where childrens safety was a matter of concern.
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To ascertain failure, if any, in functioning of the programmes
under ICDS and ICPS and of the system for providing free &
compulsory education.
To ensure that all the welfare activities through ICDS, ICPS and
other related services / supports reach the children.
To develop strategic interventions in co-ordination with state
policy makers for bringing back the children to their schools
and mainstream education.
(5) FIELD VISIT (4th July 2011)
Visit to the transitcamp
Visit to the Schools Visit to the protestsite
Discussion withDistrict Admn.
* Discussion withresidents/children
* Observation ofthe infrastructure& facilitiesavailable to thechildren.
* Physicalobservation ofthe schoolenvironment.
* Discussion withteachers andheadmasters
* Discussion withchildren, parentsand localleaders,
includingAbhaya Sahoo
* Observation ofsituation of thechildren at thesite
* Meeting with theCollector, S.P.,A.D.M.,concerned
B.D.O., D.S.W.O.and D.I. ofSchools andinteraction withthem
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VISIT TO THE TRANSIT CAMP AT BADAGABAPUR
(5.01) It is a temporary or transit camp, set up on a piece of Government
land, in village Badagabapur under Dhinkia Panchayat, to provide
shelter since 2008 to 52 families who left their native village, Dhinkia, for some reason during the period of stand-off between rival groups in all the
affected villages, supporting and opposing the POSCO project. On request
by the District Administration, POSCO officials constructed the transit camp
on the land provided by the District Administration. The nearest Middle-
School (up to class VII) is about 1 KMs. away from the transit camp. There is
another Middle-School at a place called Manapur, at equidistance in the
opposite direction. A dispensary and a High-School are situated at Balitutha,
about three KMs. away.
(5.02) There the Team-Members talked to three persons namely Chandan
Mohanty, Prafulla Mohanty and Nirvya Samantaray and few children
including one Prasad Mallick, a class VIII student & women.
(5.03) In consultation with the District Administration, the POSCO project
Authority provides Rs.20/- per day per person towards their subsistence and it
would continue till they are shifted to the resettlement colony. Adult
members have been getting employment under the NREGS scheme for
more than two months in a year. They are BPL card holders of their native
village and they get rice and wheat through PDS system in the camp. Some
of them at times work as daily labourers, depending on availability of work.
But most of those people do not have any other source of income. So by
and large they are poor people.
(5.04) The camp consists of rows of single roomed accommodations having
asbestos roof. One single room with a front side verandah is provided to
each family. They have converted the verandahs to kitchens with thatched
roofs. The houses are of poor quality. Toilets-cum-bath rooms are common for
all the families. In total 12 (twelve) toilets-cum-bath rooms have been
constructed; they are also poor quality. Out of the same 8 (eight) are in filthy
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and unhygienic condition, with open pits and leakages in the cesspool tank.
The houses and toilets in the transit camp are never repaired or maintained.
There is no open space to be used as play ground by children.
(5.05) There are 35 children including adolescent girl children, in the camp.The confined and segregated life in the transit camp has been apparently
heavily affecting the minds of the children. Before being brought to this
transit camp, the families had been kept at some other place for about 8
months. In the whole process, education of the children more particularly of
the girl children has been greatly affected. Some of the girl children have left
study. Some of the children have been admitted in the middle schools at
Badagabapur and at Manapur. But their study has been disrupted for one or
two years in the process of shifting to the transit camp and acclimatization at
that place. It is not that these persons are not interested in study of their
children. On the contrary, they have selected an adolescent girl and have
entrusted her with the responsibility of teaching the small children on
voluntary basis.
(5.06) There is absolutely no meeting between the teachers of the middle
school either at Balitutha or at Manapur and parents of the children, as
contemplated in Section 24 (e) of the Right to Free and Compulsory
Education Act, 2009, for appraising the parents about the attendance and
progress made in learning by the children. The teachers appear to be
oblivious of this responsibility and the concerned D.I. of Schools stationed at
Tirtol also seems to be unaware of his responsibility of supervision on this
aspect. Benefits of ICDS programmes are not at all extended to the girl
children in the transit camp. So also no Anganwadi centre for the small
children there. The DSWO has never visited this transit camp.
(5.07) OBSERVATION ON CHILDREN IN TRANSITCAMP AT BADAGABAPUR
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1. They are deprived of the right to survival in as much as
their needs for sanitation, health-care & nutrition are
neglected. Programmes of ICDS are not at all
provided, particularly to girl children and there is also
no Anganwadi centre.
2. The right to development is also equally violated on
account of complete neglect in their education and
recreation, as indicated above, by the teachers of
Middle schools at Badagabapur & Manapur and also
by their Authorities.
3. District level officers of the W&CD Department and
School & Mass Education Department appear to be
oblivious of their responsibilities in respect of these
children.
4. The Transit camp is cramped and does not have open
space for the children to play. The camp also does not
have proper sanitary facilities.
VISIT TO THE PRIMARY SCHOOL AT BALITUTHA
(5.08) The school building consists of two blocks in L shape. In one block,
there are three rooms which are now under occupation by armed police
persons as their temporary camp / barrack. In the other block, there are two
rooms, one used as office-cum-class room and the other used only as class-
room. The open bathing space for the police persons is also inside the
premises and towards the front of the class-rooms. There is one separately
constructed room, sandwiched between both the blocks. It is the
Anganwadi-centre. The verandah of the rooms under occupation of police
persons almost adjoins the room for the Anganwadi centre. 150 police
persons have been accommodated there. However, during the visit all were
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for its functioning. They occupy also the open space meant for activities of
the Anganwadi-centre. Sight of presence of so many armed police
personnel inside the premises of the school & the Anganwadi-centre, is
bound to create a sense of fear in the minds of tender children. There is no
report from the D.S.W.O. to the Director, Social Welfare, W&CD Department,
about the detrimental effects on functioning of the Anganwadi-centre due
to continued presence of police persons inside the given premises. The
D.S.W.O. seems to have failed in her duty to ensure its proper functioning.
(5.12) Though the school was open, out of 100 children enrolled in all the five
classes, only ten were present. Activities for the mid-day meals could not also
be noticed. To explain absence of such a large number of children, the
Head-master told that on account of festive days for the Car-Festival, more
students did not come. The fun in festive days might attract a few children
away from the school; but it does not prevent the parents from sending their
children to school. Presence of only ten out of 100 children and the physical
atmosphere in the school clearly exposes loss of motivation on the part of the
parents to send the children to school. This also reflects failure of the teachers
in their responsibility under Section 24 (e) of the Right to Free and Compulsory
Education Act, 2009, to hold regular meetings with parents and guardians for
appraising them about attendance / progress in learning by the children.
(5.13) Balitutha is the Head-Quarters of a Panchayat, having a building for its
own office. It could be used for accommodating the armed police force.
(5.14) OBSERVATION ON THE PRIMARY SCHOOL AT BALITUTHA
1. On account of prolonged occupation of a part of theschool building by the police force, required number
of class-rooms are not available to the children. The
school gives an appearance of being a fortress.
2. The primary school & the Anganwadi-centre located
inside its premises have not been properly functioning
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due to continued presence of the police force due to
the limited space within the school compound.
3. Eagerness on the part of the District Administration,
to accommodate the large police force consisting of150 personnel inside the primary school at the cost of
functioning of the school and the Anganwadi-centre.
4. Provisions in the Right to Free & Compulsory Education
Rules are violated by the Administration, in using the
school building as accommodation for police force.
5. The district level officers of the W&CD and School &
Mass Education Departments never took any remedial
steps to ensure proper functioning of the school and
the Anganwadi centre. They did not report to their
respective Secretaries about presence of police in the
premises of the school-cum-Anganwadi centre.
6. Though this is a sensitive district with very sensitive
issues, requiring supervision and monitoring of groundlevel activities of the W&CD and School & Mass
Education Departments, by their higher Authorities,
they appear to be oblivious of their responsibilities.
VISIT TO THE PRIMARY SCHOOL AT DHINKIA
(5.15) The school was open when the team visited the school. There is one
multipurpose cyclone-shelter inside the school premises which was earlier
used for accommodating the police. Though some children were present,
their attendance was very thin. Out of the total strength of 208 children in all
the five classes, only eight children were present in the school. One male
teacher named Maqsud Alli Khan and the Headmistress named Basanti Devi
were present. They told that children had been going to join the agitation
against the POSCO project and were accordingly not coming to the school.
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But they did not say whether they had tried to have any meeting with the
parents in connection with attendance of the children in the school. In view
of the provision in Section 24 (e) of the Right to Free and Compulsory
Education Act, 2009, the teachers are expected to at least try for such
meeting with the parents. No activity in connection with the mid-day meals
for the children could be noticed.
(5.16) OBSERVATION ON THE PRIMARY SCHOOL AT DHINKIA
1. No ostensible effort by the teachers to have any
meeting with parents of the children, as contemplated
under Section 24 (e) of the Right to Free and
Compulsory Education Act, 2009, to apprise them of
attendance and progress in learning by children.
2. The programme of mid-day meals does not appear to
be effectively implemented in the school. There should
be supervision by the D.I. of Schools, Tirttol and the
D.S.W.O., in this regard.
3. To attract the children to the school, mid-day meals of
the prescribed quality and quantity should be served
to all the children.
VISIT TO THE PRIMARY SCHOOL AT GOBINDAPUR
(5.17) On account of constraint of time, the Team-Members could not visit
this school. However, they were locally informed that the children of the
school had gone to the place of blockade.
VISIT TO THE PLACE OF AGITATION INVOLVING CHILDREN
(5.18) This place is locally called Balitikiria and comes under village
Gobindapur. Access to the betel vines grown on Government lands situated
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in village Dhinkia and Gobindapur is through this place. Therefore, the
protestors have been squatting at this place to block the access to their
betel vines and other Government lands under their occupation, so that
police and Government employees can not go there to take possession of
the said lands. The blockade consists of two layers of human-beings. The
children constitute the front layer and women constitute the second layer
behind it. They are accompanied by a number of male persons. Involvement
of children is since 10.06.2011 on daily basis from morning hours to after-noon.
(5.19) On the day of field visit by the Team-Members there was no action
from the side of the Government in taking over possession of the lands. At
the time of arrival of the Team-Members there, the blockade had been
continuing in spite of the rainy weather and the children had been raising
slogans against the POSCO project. About 70 to 80 children and equal
number of women, mostly from village Gobindapur, were present in the
blockade. There were also a good number of men. The children were of the
age group of 6/7 to 12/14 years. A few of the women appeared to be more
than 50 years old. The children sitting in a row, served the purpose of a
human shield for the agitators. The Team-Members interviewed some
children, women and men at that place. Names of a few of the children are:
(1) Biswambar Mohanty, student of class- viii in Dhinkia High school, (2)
Sandeep Mohanty and (3) Rakesh Bardhan. One Manorama Khatua, a
leading woman among the agitators, was also interviewed.
(5.20) All the interviewed children expressed their unanimous apprehension
that if their lands would be taken away, they would loose their betel vines,
continuously providing them the source of comfortable lively-hood for years,
and would be reduced to home-less labourers either under the Company or
elsewhere. The common apprehension of the children was that whether
totally displaced or only affected by dispossession from their lands, their
parents would not be able to support their study in future and that in the
later period, on growing into adult-hood, they would not get any permanent
resource from which they could earn their lively-hood. Their common version
was that therefore they had been joining with their parents voluntarily and
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decidedly in this agitation to prevent taking over of their lands by the
Government machinery for the POSCO project. They told that they would not
go to school till the POSCO project went away from their village.
(5.21) A number of children submitted a joint memorandum (ANNEXURE-4)written in Oriya, expressing the aforesaid version, to the Team-Members at
that place. The most remarkable sentence in the memorandum is that a few
lakhs of Rupees can not compensate the loss to their future and that for a
plant of 30 years life span, they should not be reduced to penny-less state.
The child named Rakesh Bardhan separately submitted a short memorandum
(ANNEXURE-5) written in Oriya expressing similar anguish.
(5.22) A child, on being asked, what he would ultimately do if POSCO would
set up the project on their land instead of going away, promptly replied that
he would prefer to become an illiterate so that he could unhesitatingly
become a member of the labourer class, to which status his parents would
be reduced on loosing their betel vines providing lucrative income to them.
(5.23) The womens version is that they finish cooking early in the morning
and that after taking food together with the children and male members,
they and the children come to the place of agitation. Manorama Khatua told
that the betel vines provided good income, the spot-price being Rs.50/- for
50 leaves and that they would not allow their lands to be taken away.
(5.24) One Young woman told that she had been volunteering on behalf of
the POSCO Pratirodh Sangram Samiti (PPSS) and that she had been
supplying drinking water and small quantities of biscuits to the children there,
as and when necessary.
(5.25) The Team-Members also wanted to talk to Abhaya Sahoo, the leader
of the organization named POSCO Pratirodh Sangram Samiti (PPSS) and so,
they sent a request to him for coming to that place. On such request
Abhaya Sahoo came there and the Team-Members talked to him. He
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presented his version in English language, as apparently he had good
command over spoken English.
(5.26) He narrated in detail the alleged harassments and violence to the
local people and destruction of their betel vines by police and goon likesupporters of the POSCO project. But those were not the matters to be
examined by the Team-Members, as their concern was only about the
childrens continued absence from school on account of their involvement in
the blockade. The only allegation by him against police, coming within the
action-sphere of the Team-Members, was that some months back while
arresting one Basudev Behera, police illegally took also his three children into
custody. It was taken up by the Team-Members as an item for discussion
with the Collector.
(5.27) Mr. Abhaya Sahoo categorically admitted that the strategic purpose
of involvement of children to constitute a human shield in the blockade was
to thwart any attempt by police from using physical force against the
squatters in the blockade for dispersing them, so as to clear the access to
the encroached government lands and to the betel vines on the said lands.
He said that in future, children from four villages such as Dhinkia,
Gobindapur, Nuagaon and another village would get involved in the
barricade, rotation wise once in four days; and that if any occasion would
need, all would congregate together. When confronted with the Indian
culture of not exposing children to hazards and insecurity, he could not deny
the impropriety in involvement of children as human shield in the blockade.
He however proposed that if armed police force would be totally withdrawn
from the entire scene, the children might be persuaded to go back to
schools. But it was not guaranteed that the people would not create any law& order problem for the District Administration while taking over possession of
the of the project lands.
(5.28) As per the information obtained from the Rehabilitation Officer,
compensation packages for the encroached lands included, Rs.11.50.000/-
for betel vines, Rs.2,00,000/- for fishing tanks and Rs.75,000/- for agriculture. It
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is discernible that p arents of the children are under anxiety due to
apprehension of displacement and loosing their stable source of lively-hood
and the associated free life style. Grievances of non-recognition of legal
rights to their so-called encroached lands and of inadequacy of the
compensation package coupled with the perception of benefit to industry
owners and others, at the cost of their own livelihood support, is bound to
create also frustration and anger in the minds of people. Children do tend to
get emotionally involved in apprehension, anxiety and frustration of their
parents concerning the lively hood of the family. Naturally the children would
question why their parents are put to this kind of situation and they would
carry a strong conviction of injustice to their parents.
(5.29) OBSERVATION ON CHILDRENS INVOLVEMENT IN THE BLOCKADE
1. The purpose of involvement of children in the
blockade is to constitute a human shield and thereby
thwart any attempt by police from using physical force
against the squatters for dispersing them.
2. The childrens involvement in the blockade is a
reactive incident. It is a strategic course of action,
discussed and agreed to by most of the villagers of
Dhinkia, Gobindapur and Nuagaon. The women are
active contributors as they escort their respective
children to that place.
3. The participation of children in the agitation appears
to be voluntary and the children think that they are
protecting the interest of their families which is contrary
to the allegations that children are being coerced to
participating the agitation.
4. The anxiety / apprehension on account of the
prospect of displacement and loss of the source of
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lively-hood for their families, has been apparently
affecting the minds of the children. It appears to be a
factor behind such conduct by the children.
5. There is no effort by the ground level functionaries ofthe School & Mass Education Department and the
W&CD Department, to provide attraction to the
children for coming to schools. Apparently (i) mid-day
meals are poorly supplied, (ii) the ICDS programmes
are not properly extended, (iii) there is no effective
contact between Anganwadi workers / school
teachers with the mothers of children and (iv) there is
no mobilization through the District Child Protection
Committee under the ICPS and the Child Welfare
Committee or through any NGO to motivate the
parents for sending the children to school.
(6) MEETING WITH COLLECTOR ON 04.07.2011
(6.01) The meeting with the Collector took place in the conference hall of
the guest house of the Paradip Port Trust at 4.30 PM on 04.07.2011. The
Collector was accompanied by the (i) Superintendent of Police, (ii) A D M,
Paradip (iii) Rehabilitation Officer, (iv) BDO, Ersama, (v) DSWO and the (vi)
D.I. of Schools, Tirttol. The Team-Leader, Dr. Yogesh Dube, was accompanied
by his Companion-Members namely R. S. Misra and Jaiprakash Rao.
(6.02) The NCPCR Team initiated the discussion on the alleged misuse of
children of village Dhinkia and Gobindapur for protest against the POSCO
project and their continued absence from the respective primary school and
about the intervention of the NCPCR in the matter. Further following issues
were raised. (I) what the Team-Members saw and observed in the transit
camp at Badagabapur and in the primary school at Balitutha, (II) presence
of armed police force in the school premises, more particularly under orders
of the Collector, (III) thin attendance of children in schools, (IV) the need for
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immediately withdrawing police force from school premises, (v) absence of
protective measures for the children joining the blockade, (VI) allegation of
illegal arrest of small children and (VII) possible role of CWC Chairperson in
taking up the cases of the children who are found to be involved in the anti-
POSCO agitation instead of going to school.
(6.03) The Team raised the issues of (I) lack of ICDS programmes particularly
for the girl children in the Transit camp, (II) inaction on the part of teachers in
having meetings with parents of children about their attendance in school
and (III) violation of the provisions in the Right to Free & Compulsory
Education Act, by accommodating police force in school buildings.
(6.04) The Collector agreed to the need for ensuring availability of ICDS
programmes to the children in the transit camp, improving conditions of
health and hygiene there and more employment opportunity to persons
residing there. As regards schooling facility, he expressed that the children of
the camp had been going to the primary schools at Badagabapur and
Manapur and the High school at Balitutha, only 3 KMs away. He also agreed
that teachers should have meetings with parents of children and that they
could try to motivate the parents to send the children to school. Both the
Collector and the SP initially tried to justify accommodation of police force
inside school building. However the collector ultimately agreed to withdraw
the police forces from the school premises within a couple of months as
alternate arrangements have to be made for their accommodation.
(6.05) As regards alleged arrest of three children of Basudev Behera, the SP
replied that he was arrested under the preventive provision U/s 151 Cr.P.C.
and that the children were not at all arrested. He explained that Basudev
Behera took the children with him inside the police van on the ground that
they needed his presence, and that it being an arrest U/s 151 Cr.P.C.
Basudev was released shortly afterwards at a different place. But this
clarification could not convince the Team-Members. If the proposal was to
make only preventive arrest under section 151 Cr.P.C. and if in the given
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situation the Children were not separable from the person to be arrested,
police should have deferred the arrest.
(6.06) The NCPCR Team thanked the Collector and the District
Administration for extending necessary co-operation.
(7) MEETING WITH THE CHIEF SECRETARY
(7.01) The meeting with the Chief Secretary was held at 11 AM on
05.07.2011 in the conference hall of the secretariat. The Chief Secretary was
accompanied by the (i) Revenue Divisional Commissioner, Southern Division,
Cuttack, (ii) Commissioner-cum-Secretary, W&CD Department, (iii) the
Collector & District Magistrate, Jagatsinghpur, (iv) the Additional Secretary,
School & Mass Education Department and (v) Joint Secretary W&CD
Department. Some other officers were also present in the meeting.
(7.02) The NCPCR Team brought to the notice of Chief Secretary the
following issues :-
(a) The safety and security of children being used by the agitators
as human shield against land acquisition.
(b) Improve the health, sanitation and drinking water availability in
the transit camp for 52 families.
(c) Immediate withdrawal of police force from the school buildings
of Balitutha, Bijipur, and Kujanga villages.
(d) Involvement of civil society members, Child Welfare Committee,
District administration to bring back the children to the schools.
(e) The Anganwadi Centre should start functioning immediately in
the premises of Balituth School.
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(f) Strengthen safety and security measures in all Ashram Schools in
the area.
(g) Filling all vacant posts of teachers in the schools in the area and
create favourable conditions for enrolment of children who areoutside the school.
(7.03) The Chief Secretary assured the Commission that the State
Government will take all necessary measures to protect the rights of the
children and enroll them into the schools. Further he has assured that
measures would be taken immediately on following issues:-
(a) Effect to functioning of Anganwadi Centres
(b) Withdrawal of police force within the time frame given by the
District Administration from the schools.
(c) Motivate the parents to send their children to schools by
activating the Child Protection Units, Child Welfare Committee
and the District Child Protection Committee of Jagatsinghpur
District.
(d) Improve sanitation and hygiene in the transit camp.
(e) Appoint lady Wardens and teachers in the residential Ashram
Schools for girls.
(f) The Collectors of Bolangir, Kalahandi, Nuapada and Bargarh
directed to implement all rehabilitative measures to migrantfamilies and children rescued from Nalgoonda district of Andhra
Pradesh.
(7.04) The NCPCR Team thanked the Chief Secretary for appreciating the
issues raised by it. The meeting ended with thanks by the Chief Secretary to
the NCPCR Team for taking interest in children of Orissa.
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(8) RECOMMENDATIONS
(8.01) Withdraw police personnel accommodated in all the Schools in the area
immediately.
(8.02) Strengthen ICPS, ICDS and Mid-Day-Meal schemes to attract children to
the schools.
(8.03) Activate State/District child Protection Committees, Child Welfare
Committee to motivate the parents to send children to the school.
(8.04) Filll up all vacant posts of teachers in the schools and improve
infrastructure facilities to ensure quality education.
(8.05) Fill up all vacant posts of Wardens and other support staff in residential
(Ashram) schools. Recruit female wardens and support staff for girls
residential schools.
SIGNED BY DR. YOGESH DUBE
SIGNED BY MR. R. S. MISRA
SIGNED BY MR. JAIPRAKASH RAO