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High Court come to the rescue of elderly homeless and mentally challenged inmates of Old Age Homes in Himachal

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SHIMLA- The High Court of Himachal Pradesh has come to the rescue of elderly homeless destitute and disabled persons living in the Old Age Homes in the State.

Taking suo motto cognizance of a letter written by Ajai Srivastava, honorary chairman of a public welfare trust Umang Foundation, narrating the violation of human rights of inmates of Old Age Home at Basantpur near Shimla, Court directed the government to establish a separate Home for adult disabled shelterless destitute persons and another Home for mentally retarded persons within a period of one year.

The Court also ordered to grant relevant pension benefits to all inmates without discrimination on the basis of domicile, nationality or disability and to constitute a special team of Police to find out the relatives of inmates of all Old Age Homes in the State.

The Bench also awarded Rupees One lac to Umang Foundation to be spent on the welfare of disabled, shelter less, destitute and mentally retarded persons of Himachal Pradesh while putting on record “appreciation for the sincere efforts made by the petitioner Ajai Srivastava by bringing to the notice of the court the conditions prevailing in the Old Age Homes in the State of Himachal Pradesh.”

 

Read Related Story : HP High Court’s landmark judgment brings huge relief to children with disabilities

The division bench comprising Justice Rajiv Sharma and Justice Tarlok Singh Chauhan in their landmark judgement said,

It is the constitutional duty of the State Government to look after the interests of shelter less, disabled, destitute, mentally retarded males and females by providing them necessary assistance.

Ajai Srivastava in his petition stated that many inmates of the Old Age Home at Basantpur were disabled and mentally sick or retarded and it was difficult for the untrained staff to take proper care of them. He prayed to establish separate Homes for the mentally retarded and the disabled persons. Taking serious note of the situation prevailing upon the Home, the Court directed the State Government to establish one separate Home for the destitute adult disabled and another Home for mentally retarded persons within a period of one year. It said that the fund for the purpose be released by the government within eight weeks.

The Court directed the Director Welfare to visit the Old Age Homes situated at Basantpur, Dari (Dharmshala), Bhangrotu (Mandi), and Alleo (Kullu) “to look into whether basic amenities are being provided to the inmates lodged therein, if not, the same be made available within a period of two weeks after visiting the Home.” The Chief Secretary has been directed by the Court to provide rations at subsidised for all inmates lodged in all Old Age Homes.

The Director General of Police has been directed by the Court “to constitute a special team headed by an officer not below the rank of Superintendent of Police to find out the relatives of the inmates of all Old Age Homes in the State.” The government has been directed to provide necessary vocational training to the inmates, and also to provide news papers and magazines.

The Court had also took serious cognizance of the plight, narrated in the petition, of one Sonam Bahadur (45), a Nepalese who lost his both legs right from the hip while working with a contractor in District Kullu, more than a decade ago. The State government has asked the Managing Director of H.P. State Forest Corporation to make proper inquiry of the accident relating to him. The High Court said,” The Chief Secretary of Himachal Pradesh shall be personally responsible to implement and execute the directions in letter and spirit.”

 

 

 

 

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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