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“High Court humiliated us, protest will continue”: Himachal District Bar Associations

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SHIMLA- Amidst a continuous protest against the move of Himachal High Court for sending circuit courts of Additional District and Sessions Judges to subdivision level, on Sunday, representatives of bar associations from various districts gathered at the Shimla District Court Complex at Chakkar to decide further course of the protest. The move was criticized by angry lawyers practicing at district courts. They claim that it’s a ridiculous move and Chief Justice HP High Court has hurt the dignity and sanctity of the judiciary by not taking their views before making such a decision. The speakers expressed their grief over the humiliation they faced due to this move. Members commented that to deliver justice at doorsteps, first, the High Court should start circuit courts as there is only one High Court in the state, which makes it a compulsion for litigants to travel to the capital city. While senior advocates referred the issue as a serious situation where lawyers at district courts are facing a threat to their livelihood, the amateurs and new comers were almost asleep on back seats. Some members of Himachal Bar Council and Indian Bar Council were also present at the meet. To hear their grievance in their own voice, watch the videos below:

In highly charged atmosphere, speakers referred to the interference of political personalities in Judiciary, which applies to bar associations as well. But, as the present moment demands unity, most of the speakers emphasized the need to stand united. In some statements, representatives of district bar associations hinted towards the wastage of funds, which the High Court received recently. Lawyers also revoked an old demand that they have been making long; five days a week like that in High Court. They questioned the unjust discrimination in serving privileges in courts. However, a senior advocate, president of Hamirpur Bar Association, emphasized the need of focusing on the present issue of circuit court tours and not mix it with other issues. Also, they condemned the regulations in academic policies which are allowing a whole-sale of law degrees, and the fact that the courts are getting crowded with people in black suits, which they bought from educational institutes.

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What are circuit courts tours and why the lawyers are protesting against them?

As a simple answer, now the Additional District and Sessions Judges in Himachal will tour the circuit courts in their respective sub-divisional courts. The litigants can file their cases in their respective sub-division courts and won’t have to travel to their respective district courts. The step was taken under ‘Justice at your doorstep policy’. That means, the litigants won’t need the lawyers practicing at district courts, while at the same time, lawyers at sub-divisional courts are all in gold. Also, some cases have already been transferred to circuit courts. Now, either the lawyers will have to tour the sub-divisions if they wish to continue with their clients or they’ll have to leave the case and issue an NOC so that the client could hire the services of some other lawyer practicing at sub-division level. Why anyone would run to a district court when he/she have courts much near to their homes?

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After the meeting and a delicious lunch, the representatives of district bar associations along with senior advocates had a conversation to decide the fate of their protest and their demand of canceling the move. All the lawyers, except those practicing at sub-divisional courts, present at the gathering agreed to unite and continue with the protest until their plea isn’t heard by the honorable CJ of HP High Court.

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An interesting question that you must consider before you take a side is that whether this move is beneficial and relevant for the majority of the public? If it is, then the lawyers are protesting for their personal survival in a professional world. It will affect the future generations of advocates. The decision has come as damage to the career of advocates. At the same time, don’t ignore the fact that lawyers also make a part of public and society. They also have families and they seek the same kind of security and comfort for their kids as any parents do for their kids. To the lawyer community, the profession you chose comes with a huge responsibility. Judiciary is one of the pillars of democracy. As true human and nationalist, every lawyer is ought to respect what benefits the majority of population.

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 7 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture world around him in his DSLR lens.

Campus Watch

Nauni Varsity Admissions Open for Diploma in Fruit, Vegetable Processing & Bakery products

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Nauni varsity admissions for diploma

Solan-The Dr YS Parmar University of Horticulture and Forestry, Nauni has invited applications for its one-year Diploma in Fruit and Vegetable Processing and Bakery products. The diploma will be run by the Department of Food Science and Technology of the university.

This year, the university has also reduced the fee charged for the diploma to Rs 5000. Earlier, the fee for this diploma was Rs 20,000. The decision was taken to ensure that more and more people can apply for the programme.

In addition, the programme has also been linked to the Skill Development Allowance scheme of the Government of Himachal Pradesh. Any person enrolled in the programme can also apply for this allowance.

The minimum educational qualification for this diploma programme is Class 10+2 with at least 40 per cent with no age cap for admission. The last date of application is 17 January 2019 and the counselling will be held on 19 January.

A total of 35 seats are available in the programme. Prospectus and application form can be downloaded from the university website(www.yspuniversity.ac.in).

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234 Ambulance Roads in Shimla City Declared ‘No Parking Zones’, Parking woes to Intensify

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List of ambulance roads in Shimla City declared no parking zones

Shimla- The parking woes have intensified in Shimla City as the District Magistrate of Shimla, Amit Kashyap, issued an official notification on December 19, 2018, in which 234 ambulance roads in Shimla city were declared as “No Parking Zones.

As per the notification, based on the report received from the Superintendent of Police, Shimla, it was found that the residents, as well as outsiders, had turned link roads into unauthorized parking spaces, which results into huge traffic jam and inconvenience to the smooth passage of ambulances carrying patients along with the general the public.

Therefore, the District Magistrate declared all the following 234 ambulance roads as “No Parking Zones”:


He said the decision was taken keeping in view the necessity of smooth flow of traffic and passage to ambulances on ambulance roads in Shimla City.

As per the notification, the matter was highlighted as the local residents of the Middle Cemetery, upper Gahan, Bhatttakufar, Dhingu Bawari, Frud, Lower Gahan, and Nerridhar had requested to declare the ambulance roads leading from Dhigu Bawari to Lower Gahan and From PWD Workshop Bhattakuffer to Jai Moti Bhawan (Cemetary) as “No Parking Zone” as some of the people park their vehicles on these roads resulting in traffic jams and obstruct ambulances.

While the government has a policy to allow buying vehicles only if an applicant could provide evidence of having a parking space, there are a large number of cars which were either bought before the formation of this policy or are registered in other districts of the State.

A section of vehicle owners have expressed unrest against this decision and argued that it was not fair, as the government did not provide sufficient authorized parking spaces in localities.

Having a personal parking space doesn’t matter as soon as an individual drives to other parts of the city. Sufficient parking spaces based on the required capacity of a particular Ward or locality are needed to fix this problem, and it is apparently the government’s job

said a resident of Khalini, Shimla.

On the other hand, the majority of the general public has supported the decision expecting that it would make these roads more convenient and smoother for traffic.

However, the district police is likely to face a lot of resistance from local residents while ensuring compliance with the orders passed.

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Opposed to Tribal Minister’s promise in Assembly, FRA claims of Kinnaur tribals rejected to favor hydro-power company

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HP Govt Rejects FRA Claims of Kinnaur villagers

Doling out forest land to the company but cannot grant tribal rights, shows government priorities; Empty promise on FRA made in Vidhan Sabha: Lippa Forest Rights Committee

Kinnaur: Barely few days after tall promises were made about implementation of the Forest Rights Act in the Legislative Assembly by the Tribal Minister Ramlal Markanda, the District Level Committee (DLC) at Rekong Peo has rejected the Individual Forest Rights claims of 47 tribal claimants of Lippa Village in Kinnaur District, said Forest Rights Committee, Lippa in a media statement. The order of the DLC, which was not signed by the three non-official members of the committee out of the six members, was termed as illegal and unjust by the Lippa Forest Rights Committee.

We condemn this order led by the Deputy Commissioner because the arguments for not recommending the 47 claims are totally baseless. It is clear that the officials are ignorant about the provisions of the FRA 2006. The DLC has just blindly accepted the incorrect decision taken by the bureaucratic members of the Sub Divisional Level Committee, where as we have provided the DLC detailed objections to the same, based on the provisions in the Forest Rights Act 2006,

said Subhash Negi of President of the Forest Rights Committee, Lippa.

The order of the DLC dated December 17, 2018, gives three arguments for not recommending the claims. The first is that the claims are not from ‘unsurveyed villages’ but from revenue villages. The second argument is that the evidence submitted by the claimants does not provide proof of three generations. The third argument says that the act was only for those who are primarily residing in forests and dependent on the forest land, implying that the claimants were not eligible. As per the FRC as well as the written objection submitted by the Individual claimants, all three arguments have been legally countered.

This Act is not just for ‘unsurveyed villages’ but is also applicable to revenue villages with residents who are dependent for their ‘bonafide livelihood’ needs on forest land. This has been adequately clarified by the Ministry of Tribal Affairs in a circular dated June 9, 2008.

This argument by the officials that claimants from revenue villages are not eligible is ridiculous because all 17,503 FRCs in Himachal are formed at Revenue Village level. If we go by their argument then the FRA 2006 cannot be implemented in Himachal at all since there almost no forest villages here. The FRA 2006 is applicable where ever people depend on forest land,

according to Prakash Bhandari, of Himdhara Collective advocating for the implementation of the Act.

Secondly, the Act requires the three-generation evidence clause only for non-tribal people (referred to as Other traditional forest dwellers in the Act), Whereas the applicants in the case of Lippa are all belonging to the category of Scheduled Tribe. Thirdly, the SDLC and DLC have both recommended the Community forest rights for the Lippa village without any objections.

This is s a partial reading of the law. While issuing the CFR title we are considered as ‘primarily residing in the forest, forest dwellers’, while considering the individual claims won’t the same criteria apply? This shows that the officials do not have even basic knowledge of the act,

added Negi.

It needs to be noted that individual claims can be made, as per the law for both housing as well as land being cultivated. The Gram Sabha of Lippa has recommended all 47 claims almost 6 months ago.

The decision of the DLC is also contentious because the forest land under Lippa Village was leased out to Himachal Pradesh Power Corporation Limited for the Kashang Stage 2 and 3 hydropower projects by the State cabinet on 0ctober 13, 2018. The Paryavaran Sangharsh Samiti, Lippa which has been opposing the forest clearance to the project, has objected to the cabinet decision taken on the grounds that it “is a clear violation of not only of the PESA, FRA, 2006 and the NGT judgment dated 5th May 2016 but also the state’s own legislation”.

In 2016 the Green tribunal had ordered that the forest rights of the communities be settled as per provisions of the FRA and only after that the project proponents could approach the Gram Sabha for NOC.

The lease order was made under Himachal Pradesh Lease rules, 2013 for an underground area of 06-03-20 ha, situated in Up-Mohal Lappo of the Lippa Village. According to Tashi Chewang, Secretary Paryavaran Sanrakshan Sangharsh Samiti, “Rule 11 sub-rule 2 (iii) of the Himachal Pradesh Lease Rules, 2014 clearly states that

In Scheduled areas, the Sub-Divisional Officer (Civil) shall also refer the lease application to the concerned Gram Sabhas for consultation. He shall proceed further only after obtaining the Gram Sabha’s resolution

in this regard.

But during the whole process of leasing out land to HPPCL, neither the SDM has ever approached or consulted with the Lippa gram sabha nor the gram sabha ever passed any resolution in this regard.

The ‘Vanya Prani, Van Evam Jaivividhta Sanrakhsan Samiti’ formed under rule 4(E) of the FRA 2006 by Lippa Gram Sabha has issued a legal notice to the Chief Secretary and 6 other high level officials challenging the lease order.

The people of Lippa village for the last ten years have been struggling against the projects because of the havoc that diversion of the Kerang Khad would cause. Kerang is a perennial stream that flows adjacent to the Lippa village and it helps in flushing out the huge silt and debris that come towards the village from another stream called the Pager Khad.

If the Kerang is diverted by the project then the Pager khad will destroy the village, added Chewang. The Chilgoza forest and other biodiversity on which the livelihood of locals is directly dependent will also be impacted by the forest diversion and construction

, according to members of the Paryavaran Sanrankshan Sangharsh Samiti.

Our struggle is for our day to day survival and livelihood using every law that is available for protection of tribal rights. But when the State is violating all these constitutional laws and provisions, what is the community to do?

asks R.S Negi leader of Him Lok Jagriti Manch, Kinnaur, a platform for tribal rights in the District.

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