Civil Society Forum on Human Right (CSFHR) envisions a society where each human being, irrespective of one’s nationality, place of residence, sex, age, national or ethnic origin, color, religion, caste, language, or any other status is provided with fullest conditions to successfully enjoy all the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

CSFHR is involved in the collective process of engagement of HRDs from different thematic areas to promote cooperation and collaboration among them. With active support of more than 50 organisations and around 500 HRDS from different corners of Odisha, it has established an alliance with a number of different credible groups and forums from national and international level.

We take pleasure in sharing with you the first volume of CSFHR Newsletter. The newsletter is a small effort to share information and experiences of the HRDs related to Odisha Human rights movement. It comprises of the activities of CSFHR, news related to Human rights, recent orders and judgments by courts and Human Rights Institutions and some of the success stories of HRDs.

CSFHR is thankful to its associates, supporters and well wishers for their constant support and inspiration. Since this our first issue, we welcome your valuable feedbacks on the newsletter for improvement. We also welcome articles on Human rights issues from our readers to be published in the newsletter.

Happy Reading!

CSFHR

Girl Electrocuted In the School Premises

A seven year old girl student studying in class II died of electrocution inside the school premises in Bahanga block of Balasore district. The girl had suffered injuries in the school premises while she was under the care and custody of the government school. The girl came in contact with an electric wire used by a Siksha Sahayak for illegal electricity connection

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Teacher ‘Breaks’ Ban on Corporal Punishment

A lady teacher in Balasore has been accused of fracturing the left hand of a class III student on August 18 2014. Minister Debi Prasad Mishra has ordered an inquiry into the incident and asked the District Education Officer (DEO) to submit a report. Police have started investigation following a complaint lodged by the boy’s father

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46 Patients Fall Ill after Taking Antibiotic Injection in Odisha

More than 30 patients, admitted to the district headquarters hospital, Phulbani in Odisha’s Kandhamal district, developed serious complications after they were administered with antibiotic injection on Sunday, 14th September, 2014. According to reports, the state government had provided Edicef-SB antibiotic injections to the hospital for the patients suffering from cold and fever.

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• In response to the a complaint lodged by Mr. Pradipta Nayak, Human Rights activist   to OCPCR (case no. 110/13 on 1.4.2014) with regard to poor school infrastructure in Godavari project UP school at Brahmagiri block, Puri district .Odisha has sanctioned Rs. 8, 20,000/- for 2 pucca class rooms, toilet for girls, drinking water project and then Rs.38, 000/- for ramp and special toilet for differently able children after directives received the Commission.
  
  
• Following a complaint by the victim’s father along with Mr. Narendra Mohanty, Human rights activist against the inaction of the police and delay in justice with regard to the rape of a minor girl by the principal of her School, the Odisha Human Rights Commission has directed the SP of Kandhamal to investigate and present a report within a month’s time. OHRC has also directed the state and district legal service authority to provide compensation to the victim in accordance with Odisha victim Compensation scheme 2012 as well admission into govt residential School. The commission has also directed the collector of Kandhamal to take care of the educational needs of the victim.
  
  
• In response to a complaint filed by Mr. Amritlal Tigga to NHRC (Reg. No. 2221/18/0/2013) where 14 Dalit students left school for ever due to discrimination against them9published in Odisha Dairy on 26th August 2013, NHRC has issued notice to the Principal Secretary, Department of School Education, Odisha on 3rd October 2013 to submit the necessary information /report with regard to the complaint within six weeks notice period.
  
  
• A complaint was filed with the NHRC by  Sarfraz Nawaz(Reg.No.4978/18/3/2013)  regarding the insincere and careless attitude of the hospital authorities of SCB Medical College, Cuttack which led to brain haemorrhage of a paralytic patient admitted in the hospital. It was reported that they demanded Rs 400/- for the shifting the patient to the 4th floor. .When Rashminarayan, the woman’s son failed to arrange the money, the staff irresponsibly left the patient abandoned throughout the night, writhing in pain. However when they started shifting the patient, they carelessly dropped her along with the stretcher leading to the haemorrhage. The Commission has taken cognizance in this case and directed to call for a report from the concerned authority. Despite constant reminder when the report was not sent, the Commission directed its Registry to issue conditional summons to the concerned authority u/s 13 of the Protection of Human Rights Act, 1993 to appear before the Commission on 19.9.2014 at 11:00 a.m. along with the requisite report in the matter.
  
  
• Taking serious note of inadequate supply of rice to Below Poverty Line (BPL) families in Odisha, the National Human Rights Commission (NHRC) has called for a report from the state authorities. The commission has issued notice to the Chief Secretary of Odisha to submit its report within four weeks. The NHRC passed this order acting on complaint of rights activists, Mr Akhand   had alleged that Union Government allocates 35 kg of rice per BPL family per month, but the State Government of Odisha distributes only 25 kg per month deviating central guideline. It hampers food security and livelihood of poor people who are dependent on rice.
  
  
• In response to the complaint lodged by Mr.Prasanna Kumar Mansingh with regard to inadequate number of teachers and lack of basic amenities in Bala Sevashram (residential school meant for SC and ST students) in Koraput’s Narayanpatna block to Odisha Human Rights Commission The commission had issued notice to the collector of Koraput to submit the report on the situation of the school as per the complaint. “The sevashram has no electricity supply and provision of safe drinking water. The School has only one teacher for 143 students from Class I to V. And, this has been the state of affairs for the last three years.” Mr.Mansingh wrote in his complaint. On OHRCs order the collector presented a half assessed report but the report was silent on the number of teachers, availability of safe drinking water facilities and adequate facility of dining hall and kitchen. The OHRC redirected the collector to ensure that adequate number of teachers are posted to the school according to the prescribed people to teacher ratio (PTR) and basic infrastructural facilities such a drinking water, kitchen, toilet etc are provided to the school. It also asked for a compliance report to be submitted within 8 weeks.

The CSFHR Working Group meeting was held on 18th October 2014 in which around 20 participants participated. The agenda of the meeting was to review the overall progress of the forum and plan the way forward. Pre planning for the Annual Convention, Preparing a fact finding manual on corporate induced violence and sexual abuse and organising a training programme for the HRDs on Economic, Social and Cultural Rights were some of the important issues discussed.

A discussion on right to freedom of peaceful assembly was held where the issue of tracking HR based Ngos by the govt was raised.

Adv Chandranath Dani briefed the house about his fact finding visit to Sonepur to enquire on an encounter death. Then the members had a discussion to initiate the preparation phase of CSFHR Annual Convention- the venue, tentative date, panel of guests etc. Important agendas like Right to Acknowledgement campaign and reviewing the Odisha Human Rights Commission regulation Act 2003 were also raised in the meeting.

A Task team was formed in order to start the preparatory process for the Annual Convention was formed. A framework of the report on status of Human Rights in Odisha was presented in the house. With the suggestions from the members a report will be prepared and published in the coming year

Journalists Meet on Human Rights

The first meeting on Report on Reporters was held on 19th October 2014 at CSNR Office. The purpose of the meeting was to raise concern on the growing attacks on journalists and to create a platform of likeminded journalist who will raise voice against the attacks as well as the violations of human rights in the state.

Major discussion point of the meeting were:  protecting right to freedom of expression, initiating a training programme for mass media students and journalists, seeking support from different human rights organization, institutions etc. for fact finding, intervention and larger advocacy.

The members present also came to the conclusion that a training programme on Ethics of journalism, human rights monitoring and UN mechanism will be conducted before December 2014.A group (Report on Reporters) was formed to carry forward the agenda of the meeting. Mr. Akhand was chosen as the Convenor of the Group Sr. Journalist Akshaya Kumar Sahoo and Ms. Jogamaya Mishra will be the Co-Convener.

Fact-Finding Visit to Baliguda in Kandhamal District Odisha on Child Rights Violation

Soon after the tragic incident of death of 2 children due to the collapse of School hostel building (girls) a four-member team of Civil Society Forum on Human Rights (CSFHR) went on a Fact-finding visit to Chuna Sahi Sevashram School maintained by ITDA Baliguda in Kandhamal on 30th September 2013.

The team met, discussed and interviewed a number of the people like the School teacher, Hostel in charge, School Management Committee & other students who use to stay in the hostel, District authorities and bereaved family members. The team member met the District Collector and DWO on 1st Oct 2013. The DC clarified that Rs.2, 60,000/- has been paid to the deceased family; the criminal proceeding has been initiated by the district authority by registering a FIR against the JE and the Contractor.  Free medical treatment is being also provided to the two injured in the incident.

Fact-finding Visit at Mitrapur Nodal Primary School, Balasore Dist. Odisha.

After the media reports about  children affected and hospitalized due to Mid Day Meal, in Mitrapur Nodal Primary School, Nilagiri, Mitrapur Block, Balasore, a multi-discipline fact-finding team comprising of CSFHR members- Sri Chandra Nath Dani (Human Rights Lawyer), Sri Prasanna Mansingh & Ranjit Sutar along with Pradipta Nayak (State MDM Steering cum Monitoring Committee Member), Smt. Hemalata Das (Secy. Balasore Nari Sangha), & Prof. Binod Nayak visited  the spot on 21st July,2013.

The team after visiting to Bapuji Seva Sadan, where the affected children were boarding, discussed with children, cook, staff, hostel management , District Child Protection Officer and Child Welfare Committee’s(CWC) officials & verified the hostel rooms, drinking water tank, kitchen shed etc. The team also came across a number of children within the age group of 1 to 13 years suffering from malnutrition.  The team observed that the Anganwadi Workers and SHG workers were violating the government guidelines issued by govt. of Odisha in 2010 on mid day meals. In its recommendations the team recommended the govt to constitute a committee enquire about the operation of the school authorities and others involved and take stringent actions against the against  the officials like Anganwadi Workers, supervisors and Child Development Project Officer (CDPO) of  Mitrapur ,Balasore for their gross negligence.

Legal Aid Service: An Overview
Compiled by: Sarfraz Nawaz, Human Rights Defender, CSFHR

Legal Aid Services:

Legal Aid implies giving free legal services to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority.

Legal Aid in India:

Since under the Constitution of India,

• Art.39 (A) provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability. 
  
  
• Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all.

So with respect to the above articles provided by our Constitution, the Govt. of India for the first time,

• In 1952, started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions.
  
  
• In 1960, some guidelines were drawn by the Govt. for legal aid schemes. In different states legal aid schemes were floated through Legal Aid Boards, Societies and Law Departments. 
  
  
• In 1972-73, an expert ‘Committee for Legal Aid’ was formed under the chairmanship of Justice Krishna Iyer to make a report on the needs of the Legal Aid in India.This report came to mark the cornerstone of Legal Aid development in India.
  
  
• 1976-77, the government of India appointed a two member committee, known as the, ‘Juridicare Committee’, of Justice P N Bhagwati as chairman and Justice V.R.Krishna Iyer as member.And the Committee’s report was titled as “Report on National Juridicare: equal justice–social justice”. This report was just a revised & a continuation of the 1973 report.

*(Though the ideas as laid down by the Report was revolutionary but not much that was mentioned in the report was implemented, as the government that had appointed the Juridicare committee was not in power when the 1977 report was submitted. The 1977 report remained on the shelf along with it the “NATIONAL LEGAL SERVICE BILL”.)

In 1980, a Committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the Chairmanship of Hon. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India. This Committee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes.

The Legal Service Authorities Act, 1987:

At last, in 1987, as per the CILAS (Committee for Implementing Legal Aid Schemes), the ‘Legal Service Authorities Act ‘was enacted to give a statutory base to the legal aid programmes & to implement the constitutional mandate of providing equal justice & free legal aid to the weaker sections of the society throughout the country on a uniform platform, by constituting the ‘Legal Service Authorities’ at different levels of administration. And finally this Act was enforced on 09th of November 1995, after certain amendments under the Amendment Act of 1994. Since then, every year, 09th of November is celebrated as ‘National Legal Service Day’.

Some Basic Queries on Legal Aid Services:
 

What Exactly Are Legal Services?

Legal service includes the rendering of any service in the conduct of a case or legal proceeding before any Court/Authority/Tribunal & the giving of advice on a legal matter. These are provided by way of:

• Providing advocates at State expenses.
• Paying court fee on behalf of the eligible persons.
• Bearing expenses regarding preparation of documents.
• Paying expenses for the summoning of witnesses. &
• Paying other incidental expenses connected with litigation.

Who are eligible to receive free legal services?

If that person is-

1. a member of a Scheduled Caste or Scheduled Tribe;
2. a victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution; 
3. a woman or a child;
4. a mentally ill or otherwise disabled person.
5. a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
6. an industrial workman; or
7. in custody
8. Persons whose annual income does not exceed Rs. 1, 00,000/-

Where to approach for the free legal services?

For obtaining free legal services, the eligible persons may contact, ‘Legal Service Authorities ' in every State, District & Taluk/Mandal. The following are the prominent authorities of Legal Services at different levels of administration.

• The Chief Justice of the State High Court is the ex-officio Patron-in-Chief of the State Legal Service Authority.
• The serving or retired Judge of State High Court is the Executive Chairman of State Legal Service Authority.
• A member of Higher Judicial Service is the Member-Secretary of the State Legal Service Authority.
• The District Judge of every District is the ex-officio Chairman of District Legal Service Authority.
• The Senior Civil Judges of every Taluk/,Mandal are the ex-officio Chairman of Taluk Legal Service Committee.

What more the Legal Service Authorities do?

• The Legal Service Authorities have also undertaken the following Programmes/Schemes:
• “Legal Aid Council” scheme for all the Courts of Magistrates in the country to give timely & free legal assistance to the persons in custody.
• Legal Aid & advice to prisoners in jail.
• Legal literacy & legal awareness campaign.
• Counseling centres for guiding the public on legal issues.
• Legal Aid Clinics & Camps to cover even the remotest areas including the tribal part for giving guidance on legal matters.
• Social justice litigation regarding consumer protection, environmental protection or any other matter of special concern to weaker sections of the society.

Hierarchy of Authorities:
(A) National Legal Service Authority (NALSA)

The ‘National Legal Services Authority’ is the apex body constituted to lay down policies and principles for making legal services available under the provisions of the Act and to frame most effective and economical schemes for legal services.
It also disburses funds and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes and programmes. It was constituted on 5th December, 1995.
Functions of the NALSA:-

a). Lay down policies & principles for making legal services available under the provisions of this Act.
b). Frame the most effective & economical schemes for the purpose of making legal services available under the provisions of this Act.
c). Utilize the funds at its disposal & make appropriate allocations of funds to the State Authorities & District Authorities.
d). Take necessary steps by way of social justice litigation with regard to consumer protection, environmental protection or any other matter of special concern to the weaker sections of the society & for this purpose, give training to social workers in legal skills.
e). Organize legal aid camps, especially in rural areas, slums or labour colonies with the dual purpose of educating the weaker sections of the society as to their rights, as well as encouraging the settlement of disputes through Lok Adalats.
f). Encourage the settlement of disputes by way of negotiations, arbitration & conciliation.
g).Undertake & promote research in the field of legal services with special reference to the need for such for such services among the poor.
h). To do all the things necessary for the purpose of ensuring commitment to the fundamental duties of citizens under Part-IV(A) of the constitution.

(B) State Legal Service Authority (SLSA)

The State Legal Service Authority shall, perform all or any of the following functions, namely:
(1) It shall be the duty of the State Authority to give effect to the policy & directions of the Central Authority i.e NALSA.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the State Authority shall perform all or any of the following functions, namely:

• Give legal service to persons, who satisfy the criteria laid down under this Act.
• Conduct Lok Adalats including Lok Adalats for High Court cases.
• Undertake preventive & strategic legal aid programmes.
• Perform such other functions as the State Authority may, in consultation with the Central Authority, fix by regulations.

(C) District Legal Service Authority (DLSA).

District Legal Services Authority is constituted in every District to implement Legal Aid Programmes and Schemes in the District.
(1) It shall be the duty of every District Authority to perform such of the functions of the State Authority in the District as many be delegated to it from time to time by the State Authority.
(2) The District Authority may perform all or any of the following functions, namely:

• Co-ordinate the activities of the Taluk Legal Service Committee & other legal services in the District.
• Organize Lok Adalats within the District.
• Perform such other functions as the State/Central Authority may fix by regulations.
• Act in coordination with other Governmental & NGO’s & universities & others engaged in the work of promoting the cause of legal services, wherever it is appropriate.

(C) Taluk Legal Service Committee (TLSC).

The Taluk Legal Services Committee may perform all or any of the following functions, namely:

• Coordinate the activities of services in the taluk.
• Organize Lok Adalats within the Taluk.
• Perform such other functions as the District Authority may assign to it.

Sources:

• The Legal Services Authorities Act with Rules and Regulations (central and state laws)  written by Hon’ble Shri Justice A.B.Srivastava and Shri C.S Lal
•  http://nalsa.gov.in/
• http://www.oslsa.in/

Section 9(4) I of OHRC (Procedure) Regulations, 2003- A Barrier in Rights Monitoring
By: Prasanna Mansingh, Program Officer, CSNR, Bhubaneswar

As a beginner in the human rights activism I was quite inspired by my fellow beings to work for the protection and promotion of human rights by filing complaints with the different Human Rights Institutions, facilitating and organizing capacity building programs for the grass root level HRDs since 2010.During the training programmes several HRDs raised the question on why genuine complaints filed by them are being rejected/disposed by the Odisha Human Rights Commission many a times.

The same question has been also raised during CSFHR working group meeting that Odisha Human rights Commission don’t have the adequate complaint handling mechanism. Many associate members of CSFHR have also shared their  experience that were been asked to submit victims consent  before filing a  human right violation case as per the Odisha Human Rights Commission Regulation 2003. Their complaints without such consent were simply rejected their rejected without hearing by the OHRC. On dated 8th August 2014, with regard to a complaint I was also directed the Odisha human rights commission on which OHRC  asked me to submit victims signature and approval referring the section (Odisha Human Rights commission regulation) 2003 9(4)-I. Section 9(4)I states that “Every complaint shall be submitted under the signature of the aggrieved person or of a person submitting complaint on behalf of the aggrieved person provided that when a complaint is made through any means which does not permit the complainant to be signed as aforesaid, a signed copy of the complaint shall be simultaneously dispatched to the commission by post. ”Section 9(5) of the regulation also states that the commission may ask for affidavit to be filed in respect of any matter or matters arising out of or connected with this allegation from the complaint.

Source: http://as1.ori.nic.in/ohrc/pdf/Scacn_reg.pdf

However National Human Rights Commission (Procedure) Regulation has no such direction. Moreover it is clearly mentioned in the regulation under section (8)-1 that all complaints in whatever form received by the Commission shall be registered and assigned a number and placed for admission before a Bench of two Members constituted for the purpose not later than two weeks of receipt thereof.( Procedure for dealing with complaints:)

Source:http://nhrc.nic.in/ar93_94.htm#no14

 According to Protection of Human Rights Act 1993, these Human Rights Institutions are the monitoring authority for human rights violation. They can take Suo-moto action from their side to protect human rights violation. Also in many training programmes which I have attended we have been motivated by the Human rights trainers that if we find any HRV in news paper we can suggest the commission to take it as Suo-moto for further investigation. My point is then what is the reason behind such regulation by the Odisha Human Rights Commission?

As a learner in human rights activism I want to know if the State Human Rights Commission will compensate the postal and affidavit charges to the aggrieved person when such regulation will be followed because nowhere such provision is mentioned under the Protection of Human Rights Act 1993 as well as Odisha Human Rights Commission (Procedure) regulations, 2003. If no, then the entire process will be cumbersome, time taking and may put the victim into more trouble.

Since the Human Rights Institutions major role is to work as a monitoring body to protect human rights, my concern is section 9(4) I and section 9(5) of the regulation is an impediment in attaining justice against any Human rights violation in the state. Hence there is a need to review the regulation and repeal these sections to encourage HRDs as well as victims to stand against human rights violation.

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