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Stray-cattle nuisance on Mandi- Sundernagr NH worsens despite HC orders, causing rise in accidents

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Stray cattle on Himachal Pradesh Roads

SHIMLA-The High Court of Himachal Pradesh might have directed the district administrations and National Highway Authorities to keep the roads in the State free of stray cattle, but it hardly made any difference. The court had ordered the state to make the entire road length free of stray cattle by December, 31, 2014. The Mandi- Sundernagr stretch of National Highway-12 best demonstrates this blatant defiance of court directions. The Honorable High Court is expected to take cognizance of this defiance. Locals in the region are fed up with this nuisance as number of stray cattle continues to grow on the NH-12. Referring to a recent case, the locals told Himachal Watcher that a couple of weeks ago, a stray bull had injured an elderly man while several two-wheel riders have met road accidents in which both men and animals were hurt.

The complainant also shared some pictures as evidence of their allegations.

Cow shelters in himachal Pradesh

Mandi-Sundernagar NH

People abandon their cattle when they grow older. These cattle keep roaming on roads and lead to trouble in traffic and even road accidents.

This trend is contrary to the claims of the government regarding construction of gausadan or cowshelters and keeping vigil on people who abandon their cattle. Stray cattle on Mandi-Sundernagar NH

The court had also directed the State Government to make efforts to aware the citizen about the animal rights. For this purpose, the authorities were supposed to issue public notices in the leading English and Vernacular Newspapers within two weeks.

However, the court orders are not being followed except announcements of construction of a few cow-shelters. No public campaign to preach animal rights among people are visible. There is a huge possibility that funds are already spent on Newspaper or media advertisements.

What Are the Court Orders?

In a order dated 7-10-2014, the HP High Court, while hearing a Public Interest Litigation (PIL) (CWP No. 6631 2014) filed by the Bhartiya Govansh Rakshan Sanverdhan Parishad, HP, had rebuked the State Government for its insufficient efforts to curb stray cattle nuisance. The court had directed the Superintending Engineers of all National Highways to ensure that no stray cattle, including cows and bulls are found roaming on the roads. The court had further directed Executive Officers of all the Municipal Councils, Nagar Panchayats and Pradhans of the Gram Panchayats to ensure that all the roads passing through their jurisdiction are kept free from the stray cattle to ensure free and smooth flow of the traffic.

Stray Cow on Himachal Roads

Mandi-Sundernagar NH

The court had directed formulation of a co-ordination committee comprising of the Deputy Commissioner, Superintendent of Police, Government Veterinary Officers/Doctors. This committee was entrusted the responsibility of eradicating stray cattle menace. The Principal Secretary, HP Government, was given clear directions that he’ll be personally liable for the implementation of the orders.

Further, the local administrations of all the districts were directed to construct ‘gaushalas’/ ‘gausadans’ or shelters in their respective jurisdiction for housing cows and stray cattle within a period of six months from the date of order passed. The State government is supposed to fund the construction of shelters. Responsibility of feeding the animals was given to the local authorities.

The order had further directed that all the cattle including cows in M.C. Shimla and Municipal Councils, Nagar Panchayats and Panchayats should have a tag number to make it easy to trace the owner.

No Govt. Veterinary Officer/Doctor can refuse to treat injured animal

As per the court orders, every citizen has a right to bring to the notice the location of the Cow or stray animal suffering from any disease or injury to Government Veterinary Officer/Doctor, who can’t refuse to treat stray cattle. Show utmost compassion towards stray animals while removing them and don’t use unnecessary force by inflicting pain and suffering on them. Moreover, the court had given the responsibility of treatment of stray animals to the Executive Officers of the M.C. Shimla, Municipal Councils, Nagar Panchayats and all the Gram Panchayats in their respective jurisdictions.

The petition had pleaded,

There is no proper arrangement for food, medicine and infrastructure for the cows. The cows are found abandoned throughout the State of Himachal Pradesh. The cows are also transported outside the State brutally for slaughtering.

It’s the same PIL in which the HP High Court had directed the Centre Government, in its order passed on July 29, 2016, to enact law prohibiting slaughtering of cow/calf, import or export within six months. However, the order was stayed by the Supreme Court.

Other than various, time to time debates in parliament to judgments of the Supreme Court of India, the HP High Court orders included several references to establish that the “Right to Life” under Section 21 of the Indian constitution extends to all forms of life including animals. Thus, the definition of the Section 21 was expanded considering welfare of the voiceless animals. As per one of such references, the High Court had recited five internationally recognized freedoms of animals.

Five Internationally Recognized Freedoms of Animals

As per the apex court there are five internationally recognized freedoms of animals
1) Freedom from hunger, thirst and malnutrition
2) Freedom from fear and distress;
3) Freedom from physical and thermal discomfort
4) Freedom from pain, injury and disease
5) Freedom to express normal patterns of behavior

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 9 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 the world around him in his DSLR lens.

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Himachal Govt Fails on Promises Made to Pulwama Martyr’s Family

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Himachal Pradesh's Martyr Tilak raj

Shimla– On this day, last year, India was shaken by one of the deadliest terrorist attacks. On February 14, 2019, a terrorist rammed a car loaded with over 300 kgs of explosives (IED and RDX) into one of the 78 buses carrying about 2500 jawans of Central Reserve Police Force on the Srinagar-Jammu national highway in South Kashmir’s Pulwama district.

In this deadly attack, 44 CRPF jawans were martyred and several others injured.

Entire India stood in solidarity with the families of the martyred and protests erupted across the nation. While the people sought justice for families of martyrs, the Centre government made a lot of promises to the families of the martyrs followed by Balakot Airstrike in the wee hours of February 26. The Indian government claimed that hundreds of terrorists were killed in the attack. Thought, this claim remained unconfirmed and in question. However, the people found some solace in the fact that Indian Army Forces had avenged the martyrs.

Thereafter, the sentiments of the people associated with the Indian armed forces were exploited by the ruling party led by Prime Minister Narender Modi in every possible way to win the Lok Sabha Elections in 2019. Every issue was swept aside under the landslide of nationalistic sentiment. The ruling government fought 2019 Lok Sabha Elections by seeking votes in the name of the brave jawans of Indian Armed Forces who laid their lives to protect the country from external enemies, terrorists. While the bravery and capabilities of Indian Armed Forces never remained in question, the political exploitation by politicians to win elections is in fact unacceptable.

At the same time, state governments in BJP ruled states are in question over unfulfilled promises made to the families of these martyrs.

Tilak Raj, a resident of Kangra district, Himachal Pradesh was one of the martyrs in Pulwama.  He is survived by his wife, a 3-year-old son and a 22-day-old newborn.

He was cremated with state honour in his native village Dhewa in Nauna panchayat of Jawali region.

The State Government had announced financial assistance of Rs. 20 lakh to the kin of the martyr. Chief Minister Jairam Thakur had assured that State would provide government employment to the wife of the martyr. In addition, promises were made to provide pension to parents and construct a playground, roads, gate, cremation ground etc., in the martyr’s village.

The family did receive financial aid of announced Rs 20 lakh but none of the other promises were kept. Some members of a student organization- Student Federation of India- on February 13 paid a visit to the house of the martyr Tilak and talked to his father (video). These members included Amit Thakur, Saurabh Kaundal, and Aman Avasthi.

The student organization condemned the Bharatiya Janata Party ruled governments in states where the families have not received what was promised to them a year ago, not even the announced amount of compensation. The martyred CRPF jawans in Kerala, Andra Pradesh, and Delhi have already received Rs. 1 crore as a relief. However, other BJP-ruled states have still not fulfilled their promises made to the families of the martyred CRPF jawans, the student organization said.

The organization alleged the ruling BJP of politicizing the sacrifice of such martyrs and Indian Armed forces for its personal gains. The organization also said that the effect of economic slowdown on Armed Forces is evident from the fact there has been a delay in payment of various allowances to jawans for February month. It’s the second occasion when payment of allowances to the jawans of para-military forces has been put on hold.

The organization has termed this indifference as an insult to the martyrs. The organization demanded a judicial inquiry in the Pulwama attack, status of a martyr for the jawans of CRPF who lay their lives while performing their duty, and the facility of pension. Further, the organization has demanded that promises made to the families of these martyrs should be fulfilled.

Akhil Bharatiya Vidyarthi Parishad also paid homage to Pulwama attack martyrs in an event organized at the campus of Himachal Pradesh University in Shimla. ABVP also demanded an inquiry into the attack to find out how 300 kgs of explosive could reach the convey of the buses carrying CRPF jawans.

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Environment

SC’s Forest Diversion Regulation a Blockade on Forest Rights Act Implementation in Himachal: Himdhara

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Supreme Court On Forest Diversion in Himachal Pradesh 2

ShimlaHimdhara Collective, a Himachal-based environment research and action group, has released a report on the implications of the regulation imposed by the Supreme Court on forest diversion under the Forest Rights Act 2006 in Himachal, through a series of orders passed last year. This brought to a screeching halt the implementation of Section 3(2) of the FRA which grants powers to gram sabhas and Divisional Forest Officers to divert upto 1 hectare of forest land for 13 types of village welfare activities like roads, schools, community centres, PDS shops etc. 

The court orders were based on the conclusions drawn by a Supreme Court Monitoring Committee, headed by a retired PCCF, V.P Mohan, that the diversions were leading to green felling and deforestation in the state. Initially, a stay was imposed on all green felling in the state (in a matter of forest diversions under FCA 1980 and FRA 2006) on 11th March 2019. This stay was partially relaxed but the Supreme court sought all FRA proposals to be brought before it for further diversion.

The report titled ‘Missing the forest for Trees’, assesses the ground reality behind the conclusions drawn by the Supreme Court Monitoring Committee based on which these diversions have been restricted.

“We have found that the Supreme court’s orders need to be reviewed because the alarm raised by the V.P Mohan committee with regard to FRA was a false one”,

stated authors of the report which is based on analysis of RTI information as well as field research.

RTI data sought from the Forest department for all cases under section 3(2) of the Forest Rights Act 2006 from 2014 to 2019 (up to January 2019), was analysed to reveal that 17237 trees were felled in an area of 887.56 hectares for 1959 activities in 41 of the 45 forest divisions of the state.

Roads, followed by schools and community centres dominate the type of activities carried out. Of the total land diverted 91% is for roads. It was found that almost 64% of these diversions showed ‘nil’ trees felled. The average number of trees felled per hectare is very low (19.52) and it may be induced that most activities have been carried out in areas with open forest or no trees.

Rohru (Shimla), Nachan(Mandi), Kinnaur and Chopal were some of the divisions which had a large number of diversions, again mostly for roads.

Case studies we carried out in Mandi and Kangra district showed the desperate need for amenities like village link roads and schools. In Himachal, there remain about 41% villages that have no road connectivity which affects access to health, education and market centres.

On the other hand, large development activities like four lane highways, hydropower projects and transmission lines, have had a much larger ecological footprint in terms of tree loss in the state compared to the very minute, incomparable diversions under FRA.

The report also finds that as far as green cover is concerned in the period corresponding to the high number of forest diversions under FRA (2015-2019), the forest survey of India’s statistics show a 333 sq.km increase in the forest cover.

Why development rights under FRA important for Himachal?

1.No Land available with revenue departments and panchayats for ‘welfare activities’ thus forest land only option

The report concludes that given the fact that 2/3rd of the geographical area of the state is recorded ‘forest area’ where strict forest laws have restricted non-forest use, the FRA provides relief for communities to access basic welfare facilities, which should be seen as their fundamental right and therefore should not be hindered.

2.Cumbersome, costly and lengthy process under FCA 1980

Before FRA it was the Forest Conservation Act, 1980 which governed forest diversion even for small local development activities. This required not only permission from the Central Government (MoEFCC Regional or Delhi Office) but also warranted that user agencies deposit funds (Net Present Value of trees) to carry out Compensatory Afforestation. The whole diversion process under FCA was cumbersome, lengthy and costly, and thus a major hurdle in providing the rural areas, especially remote areas, access to basic welfare development facilities.

 “The section 3(2) of the FRA provides relief for both governmental departments and local communities as it overrides the FCA and puts in place a simple and decentralized process for diversion”states the report.

3.FRA is meant to correct the problems that were posed by strict central forest laws

The Forest Rights Act was passed by the parliament of India in 2006 recognising that across the country there are lakhs of communities dependent on land which is legally categorised as ‘forest land’ and are unable to exercise their basic livelihood and development rights due to extremely strict forest laws. Under this act’s Section 3(1), forest-dependent communities can file claims for their individual and community rights exercised before the cut-off date of 13th December 2005.

“As it is Himachal has been sluggish with FRA implementation and only 136 titles have been issued under section 3(1). But atleast the government was proactive with the implementation of section 3(2). With the Supreme court orders regulating this provision, there seems to be an impression amongst the implementing agencies and officials that there is an over-all blockade on FRA in the state”

added members of the collective.

The report has recommended that the state government and nodal agency for the Act – the Central Ministry of Tribal Affairs, put forth the case in favour of section 3(2) of the FRA strongly in front of the Supreme Court and also move swiftly to ensure implementation of all provisions of this law in Himachal.  

 

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“When Our Country is Burning in Silent Phase”

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Poem on Citizen Amendment Act by Bharat Bhushan Sharma shimla f

2020 is upon in a haste
When our country is
Burning in silent phase
Our doors are closed on
A religion, few nations chosen
And you and I stand without treason

Yes, on the road a few
At work some unable to chew
This unconstitutional view
Our country’s regime
Has thought and holds due
Basing someone’s identity
On his attire
How shrewd will we be
Dear sire

You have the golden number
But fret the day
When we stand a count
Not long will you have a sigh
You’ll be heading to the door neigh
Power is yours
But not your virtue
In the helm you are
Take control but sanely
And uplift our glorious country

Your deeds have put us in upheaval
Steady the ship ‘coz
We’r not going to be for long in slumber
We choose not to see
But our eyes don’t wear a veil
If you choose to fail
Us again in this run
We have certain chutzpah
And it’s not going to be fun

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