ncpcr report on agitation of children against posco

8/6/2019 NCPCR Report on Agitation of Children Against Posco

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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

ncpcr report on agitation of children against posco

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