Volume - 1 I Issue - 2 I July - September - 2014

A Quarterly Newsletter of OSCPCR

Inside

Progress

Odisha State Commission for Protection of Child Rights

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Dr. Sruti MohapatraChairperson, OSCPCR

In the News

CWC Issues Highlighted in Raipur

National Convention on Inclusive Education of Children with Special

Needs, Delhi

Information Gathering on Status of Children in

the State

Encouraging Research on Child Issues

Capacitating CWC

Scrutinizing Child Protection Mechanisms in

Balasore

Kendrapada Under the Scanner

Research on Inclusive Education

Marching AheadThe second edition of Prayas, has detailed information of activities

undertaken by OSCPCR between July to September 2014.

The Commission has broadened its approach to include in its sphere of

activities various child rights organizations/NGOs/ academics besides

actively engaging with Govt. Departments in securing the best interests

of a child. Towards this end, the Commission has participated in different

activities, held consultations and meetings with various stakeholders

and has done constructive work to identify issues which need to be

focused on for further action.Our interactions with non-government

organisations, concerned departments of the government of Odisha

and other State Commissions for Protection of Child Rights has been a

rewarding exercise and we have been enriched by these exchanges.

The Commission has also taken pro-active steps to promote and

undertake research into important sectors related to the care and

protection of children. Recently OSCPCR commissioned a study on the

status of Inclusive Education and the findings were shared in the national

convention in New Delhi.

The Odisha State Commission for Protection of Child Rights reiterates its

commitment to continue to intervene in all important matters in the best

interest of the children of Odisha.

Number of Complaints – 130

Suo moto cases taken up – 12

Fact finding/ATR report asked for– 71

Number of summon sent – 06

Number of cases resolved – 35

2

In the NewsThe Odisha State Commission for Protection of Child Rights convened a consultation on the draft Juvenile Justice (Care & Protection of Children) Bill 2014 on June 23, 2014 attended by members of Civil Society Organizations, Statutory Bodies and Government Organizations. The Draft Bill was discussed in detail and a number of suggestions forwarded to MWCD for consideration.

The members called for the nomenclature of the Act to be changed to Children’s (Care, Protection & Justice) Act 2014. The age of a child in conflict with law be mentioned in uniformity and be referred to in all provisions. They also proposed that another definition be added to correctly define children in contact with Law, the term “adaptive parents” be deleted and all Homes be defined in sequence.

The suggestions included asking for all 25 categories of children specified/described in SOP prepared by W&CD Government of Odisha as working children, be placed under Sec. 2 ( j).

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ION First Step to a Life of Dignity

When the local newspapers carried an article highlighting the fact that Sumitram Ganda a physically challenged child had been denied such a certificate. OSCPCR received a complaint seeking their immediate intervention in the matter.

The facts are as follows. Sumitram Ganda, the 12 year old physically challenged son of a poor farmer from Raighhar in Nabarangpur had attended the Bhima Bhoi Samartya Sibira held on 03.12.2013. According to Prabhu Ganda, father of the child, the Doctor and the Camp Administrator refused to issue a Disability Certificate for Sumitram.

OSCPCR immediately sought an ATR from the District Collector on the issue. The ATR confirmed that Sumitram, after verification, had been issued a disability certificate with 50% disability. His disability pension has been sanctioned vide order No. 1663 dated July 21., 2014 and paid to him w.e.f. June 1, 2014 by the Block Development Officer, Raighar.

It requested that the qualification of social workers appointed as JJB member be selected from a wider group like “practicing professional with a degree in social work/psychology/sociology/home science” etc.

The group recommended that the word “repeat offender” be deleted as it is not acceptable in the context of Child Rights.

That Sec. 59 (b) is redundant and needs to be deleted while Sec. 63 (2) needs further analysis as it may create unnecessary problems for the adopted child in future property matters.

Post the consultations held by the SCPCRs across India and after viewing all the recommendation made by various parties the draft Juvenile Justice Bill, 2014 came into existence. The Bill gives the Juvenile Justice Board the right to decide whether a juvenile between the ages of 16 to 18 years is to be tried in a regular court for committing crimes that carry a punishment of seven years or more. However no juvenile even if tried by regular courts will be sentenced to death or life imprisonment under any circumstances.

The Bill does not allow same-sex couples to adopt children but has decided to facilitate faster adoption of children and setting up of foster care homes. It has been proposed that Central Adoption Resource Authority (CARA) be the statutory body for adoptions in the country and that it be invested with the power to regulate inter-country adoptions while also issuing guidelines on adoption and related matters.

Under the new provisions corporal punishment and ragging will be criminal offences. Parents, guardians and school teachers could now face a maximum of five years in jail for beating a child, verbally abusing him or inflicting any other form of corporal punishment while ragging could attract a maximum of three years in prison and a fine of upto Rupees 10000.

The Union Cabinet on August 6, 2014 cleared crucial amendments to the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Bill to amend the Act introduced by the government in the Lok Sabha on August 12, 2014.

3

NCPCR organized the Regional Convention of Child Welfare Committees at Raipur on August 26, 2014 in collaboration with

Chhattisgarh State Commission for Protection of Child Rights. Child Welfare Committees from Chhattisgarh, Madhya Pradesh,

and Odisha participated in the convention which was conducted to enquire into the difficulties and challenges faced by members

of the Child Welfare Committees in carrying out their duties.

CWC Issues Highlighted in Raipur

Chairperson OSCPCR participated in the National Convention on Inclusive Education of Children with Special Needs, organized by NCPCR on September 23, 2014. She was invited to talk about the status of implementation of the Right of Children to Free and Compulsory Education (RCFCE) Act 2009 in connection with children with disabilities in Odisha.

The convention aimed to identify the specific concerns of children with disabilities in the larger debate and concerns in education, take stock of the status of inclusive education with specific reference to RCFCE Act 2009, explore strategies that can be used to strengthen an inclusive education system and make recommendations for the realization of the right to education of children with disabilities within the education system of India.

National Convention on Inclusive Education

4

On November 28, 2012, local newspapers carried a

news story about a 16 year old girl student of the SSD

School at Ampani in Kalahandi being raped by the

Head Master of the institution. OSCPCR recieved a

compliant asking it to investigate the issue.

In pursuance of the complaint, OSCPCR asked the District

Collector, Kalahandi to furnish information regarding

the present status of the child, enquire into allegations

against the Head Master and to submit a detailed

investigation report as well as the action taken report.

On the intervention of the Under Secretary to

Government, the District Collector wrote to OSCPCR

attaching the Superintendent of Police’s report which

clearly showed that the allegations made against the

Head Master were shown to be true and that he had

been suspended and subsequently jailed.

Delivering JusticeIn keeping with the findings, OSCPCR issued a

directive asking the District Administration to provide

the girl child with financial compensation of Five

Lakh rupees within a month. It further directed the

SC and ST Department to issue a general instruction

to all schools of such nature/Ashram Schools to take

precautions and protect all girl students from such

type of harassment and abuse in schools. It also

directed that the case be tried under the provisions of

the POCSO Act 2012.

Since the maximum amount that could be sanctioned

by the District Administration was only 1.5 lakh

rupees, the District Collector requested that the

amount be disbursed from the Chief Minister’s Relief

Fund. The amount was finally released to the victim’s

account on July 24, 2014.

S U C C E S S F U L I N T E R V E N T I O N

Information Gathering on Status of Children in the StateTo enable the Commission to carry out its duties, it is necessary to understand the status of various categories of children. In this connection Dr. Sruti Mahapatra, Chairperson OSCPCR, wrote to various departments of the government seeking information on the status of care and protection of children of various categories.

A letter was written to the Commissioner–cum–Secretary, Labour & Employees State

Insurance Department to provide a report on the status of child beggars in Bhubaneswar. She also wanted to know about the situation of children being exploited in mining activities in the state.

A note was sent to the General Manager, East Coast Railways, Bhubaneswar enquiring into the implementation of Standard Operating Procedures for protection of child rights at railway stations.

A letter was sent to the Commissioner-cum-Secretary,

School & Mass Education Department, Government of Odisha requesting, information on steps they had planned to take to address the concerns raised about the standard of primary and secondary education in rural Odisha and for a 6 month action plan for accessible girl toilets in schools across Odisha.

Letters were dispatched to SPs of all districts asking them to ensure the formation of SJPUs and to send the information to the Commission.

5

Encouraging Research on Child IssuesOSCPCR organized a consultation with Universities/Institutions for Collaborative Research on Protection of Child Rights at Bhubaneswar to promote and encourage research on child-related issues with emphasis on child rights. Institutions with academic excellence from across the State were invited to the conference.

The consultation aimed to encourage creation of research environments that allowed the voices of children to be heard clearly, support the capacity of young researchers to conduct, publish and disseminate their research findings, conduct collaborative research programmes and common publications, etc and, encourage universities/institutions to increase the number of seminars, workshops, etc on child rights.

In all 17 universities/colleges/institutions incluiding Utkal University, Berhampur University, Sambalpur University, Fakir Mohan University, North Odisha University, KIIT, VSS University of Technology and National Law University sent their representatives to the meeting.

Capacitating CWCOSCPCR organized a State Level Convention on Role of Child Welfare Committee in Ensuring Rights of Children. The convention which was attended by CWC members from across Odisha aimed, to update the CWC members on recent child related laws, policy, RtE, etc. Guidelines to monitor RtE in sample schools in collaboration with NCPCR were circulated. The House also deliberated on the day to day activities of the CWC on matters concerning administration and infrastructure.

6

Mr. Rajendra Meher, Member OSCPCR, visited Balasore on September 4 and 5, 2014 for review and monitoring of various child protection mechanisms in the District. In this regard he held discussions with the District Collector, DPC/RTE, DSWO, DWO, DLO and DCPO on various child rights issues.

Dr. Sruti Mohapatra, Chairperson OSCPCR, along with Mr. Manoranjan Das, OSD OSCPCR, visited Kendrapada District on the September 2, 3 and 4, 2014 for review and monitoring of various child protection mechanisms in the District.

They visited the

• Lutheran Mahila Samiti at Patalipanka under Mahakalpada Block to enquire and interact with the runaway child who had left the Ashram a day earlier. After the interaction, the Chairperson advised the CWC, DCPO and DSWO to make regular visits to monitor CCIs and ensure the best interests of the child

• Nimayicharan Institute for the Mentally Retarded at Kajala

Kendrapada Under the Scanner

under Kendrapada Municpality where the Chairperson advised them to develop a child friendly atmosphere

• SJPU at Kendrapada town Police station and discussed with DSP (HRPC)

Scrutinizing Child Protection Mechanisms in Balasore

Accompanied by district level officials he visited Mahishapata-Jalakhatua Primary School where the

Mistress of the school had fractured the hand of a class 3 student while meting out corporal punishment. During the

visit he directed the District Education Officer to take follow up action in the matter.

7

cum Chairperson SJPU about problems of juveniles in conflict and contact with the law

• Municipal Blind School at Kendrapada and counselled them to improve the student strength as per government norms

• Residential School managed by the Cuttack Zilla Harijan Adivasi Sewa Sanskara Yojana. Here Dr. Sruti Mahapatra found that only 93 children were present in the school as against the total enrolled strength of 140, that the management had failed to construct proper toilets in the school in the ten years of its existence and that no woman staff remained in the school after school hours to care for the needs of the girls residing there. Post the visit the Chairperson wrote to the Secretary, Ministry of Tribal Affairs, New Delhi for suspension of funds to the institution and pressed for suitable action to be taken against the office bearers.

Problems relating to child rights in Kendrapada was discussed with the District Collector and other district level officers, CWC, DCPU, CCIs, JJB and NGOs in the Collector’s conference hall at Kendrapada and they were advised to construct ramps in every establishment for free access of physically challenged persons and on the need for parents and teachers to be empathetic to children as they are the future of the nation.

Post the visit letters was sent to the District Collector, Kendrapada asking him to prepare a six month action plan for improving child related services in the District and the Chief Secretary, Odisha requesting him to provide technical experts and staff in the offices of the DSWO and DWO, Kendrapada for proper implementation of RTE and for the Care and Protection of Children mandate.

Odisha State Commission for Protection of Child Rights commissioned a baseline study on inclusive education in six districts of Odisha namely, Balangir, Khurdha, Koraput, Puri, Sambalpur and Sundergarh. The purpose was to establish the status of inclusive education in the state and to check on ground realities of the program.

The study enquired into the types of disabled children attending school, the student teacher ratio, the number of children availing government entitlements and accessibility issues in the schools selected for the study.

The study found that there was need for a rigorous awareness campaign for parents and teachers on government schemes and provisions available for CWSN. It also suggested that all forms of support services be provided to CWSN, so that more of them attend schools. It called for at least one special teacher for CWSN in each and every school and for orientation of the general teachers on how to teach a child with disability.

The report stressed on the necessity of providing such basic facilities as, an accessible classroom, a disabled friendly toilet, appropriate TLM etc to encourage CWSN to join school and complete their education.

Research on Inclusive Education

Highlights in Pictures...

Odisha State Commission for Protection of Child Rights (OSCPCR)

Qrs. No. A-1, Unit-V, Bhubaneswar, Odisha,

Phone: 0674 – 2394041, Fax: 0674 – 2394043

Email: oscpcr2012@gmail.com I www.oscpcr.org

Release of OSCPCR logo by

Ms. Kushal Singh

Launch of OSCPCR

quarterly newsletter

PRAYAS

Meeting with S.P.,

Kendrapada

Independence Day Celebrations

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+91 7

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