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No, SC hasn’t lifted ban on animal sacrifice in Kullu Dushera

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Kullu: Very recently, Maheshwar Singh, MLA from Kullu and chief caretaker of Lord Raghunath, declared that he had moved the Supreme Court against the blanket ban imposed on animal sacrifice in Himachal by the State High Court in its oders passed on September 26, 2014.

He said the SC, in its interim order passed on April 10, 2017, provided interim relief on animal sacrifice for Kullu Dushera. 

English daily Statesman had also suggested same in an article titled “‘Animal sacrifice’ tradition to be back in Himachal Pradesh” published on April 15, 2017.  Though the article did mention that it should be done in compliance with law, it did not explain that the case of Kullu Dushera was not an exception. 

Similarly, an article published by Tribune on September 5, 2017, was titled “Nod to animal sacrifice at Kullu Dasehra”

The people of Kullu are rejoiced believing that ban was lifted and the animal sacrifice will take place in a traditional manner, as it used to be prior to HC ban.

If one bothers to go in details of the Supreme Court order, then it clearly allows performing the animal sacrifice strictly in compliance with directions of the court and in accordance with slaughter-house rules. Are Maheshwar Singh and the Kullu administration complying with all mandatory directions? 

In fact, the Supreme Court has clearly provided for a compendium of various acts and agreed to allow animal slaughter remaining within the law and court guidelines. There is a list of official permissions and procedures defined by the court in order to slaughter an animal for food. These guidelines also apply to animal sacrifice in religious rituals.

Activist Sonali Purewal from Kasuali-based People for Animals (PFA) organization talked to Himachal Watcher regarding the lie that was told to people through media.

For instance, in order to slaughter an animal for any purpose, one needs a licensed stun gun, licensed butcher, permission from Municipal Commissioner Kullu, acknowledgment letter from AWBI, veterinary officer-in-charge of the animal sacrifices etc.  The court had also directed to inform animal activist Gauri Mulekhi regarding any such animal sacrifice. 

By simply seeking permission for a massive public pandal from the Municipal Council/ Corporation does not suffice. Animal sacrifice has to be done as per law and as per the manners prescribed in the PCA Act and the interim order of the Supreme Court,

Sonali told Himachal Watcher.

She alleged that the district administration or Maheshwar Singh has not fulfilled any of these mandatory conditions laid by the apex court in its order except obtaining a permission letter from the Municipal Commissioner to set up pandal (an enclosed stall).

Advocate Vandana Misra, the counsel for the petitioner Sonali Purewal, who also shares the credit for the ban imposed by the HP HC, also expressed serious concern over disregard to the law. Any violation of the Hon’ble Supreme Court’s order shall be brought to the notice of the court, she said. Vandana is currently fighting the case in the Supreme Court. 

The DC Kullu had told the Tribune in the said article

The district administration would maintain a close watch over animal sacrifice and it would take place at a confined place as per the directions of the honorable court.

Only ensuring slaughter in enclosed pandal to shroud the bloodshed from public view is just one of the guidelines.

Sonali said that she wrote a letter to the Deputy Commissioner and Municipal Commissioner of Kullu to confirm the legal status of the animal sacrifice scheduled to take place this Dushera. However, none of them even replied to her letter. It clearly suggests the administration has fulfilled none of the mandatory conditions.

SC Interim oder in animal sacrifice in Kullu dushera

From Interim Oder Passed by SC on April 10, 2017

Take a look at the list of conditions laid by the court in the provided compendium:

• The Section 11(3)(e) of the PCA Act states, “commission or omission of any act in the course of the destruction or the preparation for the destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering.”

• Stunning (rendering animals unconscious before slitting their throat and bleeding them to death) is an important procedure to prevent “unnecessary suffering” when the animals are killed for meat.

• Rule 6 (4) 4 of Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 states that “Every slaughterhouse shall provide a separate space for stunning of animals prior to slaughter, bleeding and dressing of the carcasses” making stunning mandatory during the slaughter of animals.”

• Food Safety and Regulations Standards (Licensing & Registration of Food Businesses), 2011, Section 4, Part IV, Schedule 4 explains various stunning procedures to be adopted, with the recommendation for different species.

• Registration/ licensing of slaughterhouses:

• The Prevention of Cruelty to Animals Act, 1960 under Rule 3 (1), requires recognition or licensing of a slaughterhouse.

• Guidelines of the Food Safety and Regulations Standards (Food Products Standards and Food Additives) Regulations, 2011, Regulation 2.5. 1 specifies species of animals that can be killed for meat.

• Under this Regulation “animal” means an animal belonging to Bovines, Caprines, Suillines, and includes poultry and fish.

• No other animals including camels, rabbits etc. can be slaughtered under this provision of the law.

 

Sonali said despite PFA’s efforts and correspondence with the DC and MC office asking them to publish public notices to clearly state that animal sacrifice is still banned in Himachal as the court has not lifted it, nothing was done. 

No such notice was issued by the district administration or any other authority in any newspaper or through any medium.

Moreover, as per the interim order, it is mandatory to officially inform the Animal Welfare Board of India of any ritual sacrifice to be done “in accordance with the law”.

However, AWBI or animal activist Gauri Mulekhi has not received any such letter at all, said Sonali. Also, no information is provided about the manner in which the sacrifice would take place.

If the animal sacrifice will continue as planned in Kullu during the upcoming festivities this will be in total violation of the Supreme Court order and all the concerned persons participating in it along with the Officials officiating over it will be in Contempt of the Supreme Court, she said. 

PFA has warned the district administration and every party involved in the unlawful animal sacrifice of legal action if the directions of the court are not followed. It would be a clear contempt of court orders, she said. 

Now take a look at the questions that PFA had asked the DC and MC office Kullu to answer to prove everything would be done in total compliance with the law:

1. Does your office have a licensed stun gun? – Which is mandatory for any animal slaughter to take place, to ensure the least amount of pain and suffering in accordance with the law?

2. Has your office appointed an authorised licensed butcher or person who has been trained to use the stun gun as per rules in the PCA act?

If you do, please attach copies of both the licensed stun gun and the authorised person (adhar card with license, and information on where he was trained)

3. A copy of the permission from Municipal Commissioner Kullu for ritual slaughter given to Shri Maheshwar Singh along with the copy of the same sent to Gauri Mulekhi and AWBI.

4. Acknowledgement from Gauri Maulekhi and AWBI – giving their ok and consent to the Kullu Dussera ritual sacrifices.

5. Name and number of the VO in charge of the animal sacrifices – who is to check the animals and give their ok to the concerned people appointed by the Supreme Court as mentioned above?

6. A list of the number of animals that are to be slaughtered over the Kullu Dussehra.

However, he did not reply or even responded to any of the above questions asked by the PFA.

Over 60 percent of slaughterhouses in Himachal are illegal because they do not fulfill legal requirements or standards. So, it is highly unlikely that a temporary slaughterhouse would be set up for Dushera,

said Sonali. 

Now, it is to be seen whether the Kullu administration and Maheshwar Singh would go ahead with the current plan of deliberately committing a contempt of court or fulfill all the court directions. 

Environment

Garbage Dumping Polluting Giri Ganga River – A Drinking Water Supply Source of Shimla

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Giri Ganga River pollution in Shimla

Shimla– The Gumma Nagar Panchayat in Kotkhai, Shimla district, like most of the other rural areas, lacks a proper solid waste management system. As a result, the usual method adopted here is dumping daily solid waste down the hill in an official dumping yard.

The locals from the panchayat wrote to Himachal Watcher regarding the adverse effect the dumping site in Gumma causing.

Gumma dumping yard in Shimla district 03 (2)

Overflowing dumping site in Gumma

They said the panchayat has allocated the site shown in the photo above to dump their garbage. This garbage is mostly left unsorted. 

With the growing population and increasing number of shops, the hillside is now overflowing with rubbish. This overflowing waste from the dump finds its way down to the Giri river water. 

It not only looks unsightly but also emits a foul smell. Moreover, the half-burnt rubbish flies in all directions, mostly downhill into the water.

Gumma dumping yard in Shimla district 3

The office of the Assistant Engineer, IPH Subdivision Gumma, is located near to this location. Still, the issue is being ignored. 

“Interestingly, the Department of Irrigation & Public Health is sitting above the location, blind and oblivious to it all,”

Devanshe Chauhan Lidgley, a local told Himachal Watcher.

IPH Office in Gumma

Office of the Assistant Engineer, IPH, Gumma

She further added,

“Complaints have been made to the Gumma Panchayat Pradhan who showed helplessness since it was a decision made by higher officials,”

The panchayat pradhan of Gumma told HW that, indeed, the area is facing a problem with daily garbage. There are five wards in the Nagar panchayat, and villagers do not have any common dumping ground. 

“The villagers have found suitable spots near their habitats where they dump their daily garbage,”

Tara Chauhan, the Pradhan of the panchayat told HW

“The dumping site shown in the pictures is particularly created to accommodate daily waste generated by shops in the market. The market has about 300 shops, and the daily waste is transported through pic-ups to the dumping site,”

she added.  

Gumma dumping yard in Shimla district 03 (1)

A Pick-up dumping Gumma Market’s daily waste downhill

She also accepted that this dumping site is now overflowing as the amount of waste dumped is increasing. The issue has been brought to the attention of district administration of Shimla, she said, adding that the administration has asked the panchayat to find a new location for the creation of another dumping yard. However, it’s hard to procure land for it as no one would allow the creation of dumping site on private land, she said. 

“Earlier, we used to set the garbage ablaze when dumping reached on the verge of overflowing. However, now, we have directions not to burn garbage as it causes air pollution,”

Chauhan told HW. 

Gumma dumping yard in Shimla district

As a matter of fact, the said dumping site is overflowing and, in monsoon, a lot of waste is likely to find its way into the Giri Ganga. 

Giri Ganga is one of the main sources of drinking water supply to Shimla, and there is no need to say more why it requires immediate intervention of the district administration and the state pollution control board to prevent water pollution.

In the past, Shimla has already witnessed instances of jaundice outbreaks due to contaminated water that had killed about two dozen people.  However, it appears, we are waiting for another catastrophe to happen before appropriate action is taken.  

The garbage dumped here needs to be removed regularly and disposed of properly before the next truck of garbage is dumped. 

“Is the ‘Swaacch Bharat’ campaign only on papers? How can the National Mission for Clean Ganga (NMCG) succeed if the sources of Ganga are being polluted?”

asked the local.

It is a matter of concern that the district administration is still stuck at creating dumping yards, which is not a proper way to dispose of solid waste. At the same time, the villagers are left at their own to deal with the daily waste they generate. The State government needs to provide a solid waste treatment facility in rural areas.  

However, there are reasons to believe that the government is hardly concerned about this gigantic environmental issue. The only waste treatment plant that was supposed to convert Shimla town’s municipal waste into energy, is lying defunct. Instead, the locals allege, the plant has been turned into a dumping yard, which was on fire last month. The fire kept smouldering for over a week. 

A similar example was witnessed in Kenduwal of Baddi in Solan district where the Municipal Council and the Baddi-Barotiwala-Nalagarh Development Authority (BBNDA) were supposed to construct a solid waste treatment plant. They had obtained the clearance for the same on August 13, 2015, and were allotted 42 bighas and 13 Biswas of land in Kenduwal. 

However, the plant never came up and the two responsible authorities created a huge dumping site by violating a number of environmental laws and guidelines. Not only they created this site on the flood-plains of Sirsa river but also ignored human habitat located at a distance of 30 meters from it.  The families living in this habitat had to approach the state High Court to get relief from the hellish conditions created by this illegal dumping site. 

 

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Enraged Protesters Barge Into MD HRTC Office Over Poor Bus Services, Leaves Staff Speechless

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Protest at MD HRTC Office

Shimla– After the tragic Banjar bus accident that killed 46 people and left about 37 injured and the school bus accident in Shimla‘s Khalini in which two students and the driver were killed, the Himachal Pradesh Government may have shown some strictness towards overloading, but it forgot to ensure delivery of additional services to facilitate commuters. Protests, especially from the student community are frequently being reported in newspapers and media portals.

Surprisingly, this strictness is limited to Himachal Pradesh Road Corporation buses, while private buses continue to ply overloaded. The public in rural areas is suffering a lot because of this faulty policy of the government. The people complain that even if no one is standing in buses, HRTC conductor or police do not let them board these buses.  The situation has worsened to a level that people are now feeling harassed due to inefficiency and lack of vision of the state government.

The locals from Shimla district had submitted a memorandum regarding the shortage of staff in HRTC and problem they are facing due to suspension of routes without any prior notice to the government through Managing Director, HRTC a couple of days ago. Shockingly, they were not given any response.

Eventually, on Thursday, aggrieved by and enraged over an acute shortage of bus services and harassment in the name of overloading, villagers from various parts of Shimla district gathered at the Old ISBT of Shimla to meet the Managing Director, HRTC. Their anger was fueled as soon as they found that the MD was not present in his office. Led by senior leaders of Communist Party of India (Marxist) including former Mayor of Shimla Town, Sanjay Chauhan and Rakesh Singha, a sitting MLA from Theog Constituency, people sat down outside MD ‘s office and staged an aggressive protest.

Watch How Protesting Locals Left HRTC Staff Speechless


The villagers alleged that while several HRTC routes were suspended in various parts of the district without any prior notice, private buses are encashing on the opportunity by overloading, to which Police is showing a blind eye. The villagers also alleged that in the name of overloading, the passengers are forced out of HRTC buses without provision of adequate services. At the same time, they alleged, the government is allowing overloading in private buses. 

Villagers complained that their vegetable produce is rotting either because the bus routes to their areas were suspended without information or the frequency of HRTC buses plying to the area was reduced to twice or thrice a week. In addition, the problem of not allowing them to load their produce in busses beacuse of the overloading gimmick was just adding to their woes.

Villagers also alleged that school students in rural areas are compelled to miss their classes, even exams due to lack of bus services.

“The number of girl students who have left school and are sitting at home because of the paucity of bus services is in thousands. Their schools are located at a distance of two to three hours, and without bus services, it is not possible for them to travel to schools and back home from schools. These students are dragged out of HRTC buses in the name of overloading but no additional service is provided to them,”

said one of the locals.  

“Biometrics are installed at offices for attendance nowadays. The employees are not able to reach office on time and their attendance is suffering,

said another local present among protestors.   

Later, when the Managing Director arrived at his office and met the protestors, he admitted that HRTC is facing a shortage of drivers and conductors which is adversely affecting bus services in several routes.  The MD agreed to the demand of restoring services on routes where only single buses were plying.

The protestors ended their protest only after the MD assured them to take effective steps to curb the shortage of HRTC bus service. The protestors warned the MD of more aggressive protests if adequate services are not delivered within a week.

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Strict Vigil on Unauthorized Parking, No Parking in Areas Children Board, Deboard School Buses: CM

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Jairam thakur's statement on school bus accident

Shimla-After witnessing outrage among people over the accident of school bus in Shimla district’s Khalini that devoured three persons including two students and the driver and left five others injured, the Chief Minister Jairam Thakur called a meeting. Apparently, due to lapses on its part that played a major role in causing the accident, the State government came under heavy pressure. The Chief Minister had to make some announcements like it was done after the Nurpur school bus accident that had killed 24 children and three others in 2018 and the recent Banjar bus accident that killed 46 passengers.

In today’s announcement, the government assured that in Shimla town, parking will be allowed on one side of the road with yellow line and unauthorized parking will be dealt with strictly.
As done in such cases, a magisterial probe was also ordered.

He said signboards regarding ‘Authorized Parking Zone’ as well as ‘No Parking Zone’ would be erected in the town. It’s pertinent to mention that erection of signboards doesn’t work until these rules are implemented. In Shimla city, vehicles can be seen parked right in front of no parking signboards.

Further, he added that the work on three big parking slots in the town would be expedited whereas district administration and Municipal Corporation, Shimla would identify locations particularly in residential areas where small parking could be developed. This would not only ensure proper parking place for the commuters but also help in decongesting the city roads, he added.

District administration and Municipal Corporation were directed to identify parking areas with yellow line alongside the roads and sites where small parking slots could be developed by 10th July, this year. He said that the state government would also explore various aspects to allow private parking by individuals within the setbacks so that ample parking space could be developed.

He said that all the government offices should ensure that they have their own parking with sufficient space so that their vehicles could be accommodated thereby avoiding decongestion of main roads. He said that parking within a radius of 50 meters would not be allowed in such places where school children embark and disembark their school buses.

A massive Information, Education and Communication (IEC) activities would be carried out in the state to sensitize the people regarding road safety, he said. The narrow roads would be identified and steps would be taken for widening the same, he assured.

It was informed in the meeting that over 1,65,000 vehicles are plying daily in the Shimla town. Therefore it is the need of the hour that alternative roads are constructed for the convenience of the people.

The Chief Minister said that rupees five lakh are being provided to the next of kin of the deceased besides free medical treatment to the injured.

Like he had assured after the Nurpur bus accident, the Chief Minister again said that the condition of transport vehicles would be ensured properly and laxity in this regard would not be tolerated at any cost. All the school buses would be regularly monitored and school management would be sensitized about the safety guidelines.

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