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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. 

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Plea of 24 children killed in Nurpur tragedy to CM for justice

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no justice for Nurpur school bus victims

Kangra: Five months have passed since one of the biggest tragedy that Himachal Pradesh has ever witnessed, but the parents of 24 kids killed in Nurpur school bus accident on April 9, 2018, are still knocking at the door of the government to get justice for the pieces of their hearts. These kids could not live even their childhood.

This untimely departure left the parents heartbroken and pictures of a mass cremation of these children had given a nightmare to all parents.

Probe report of Nurpur school bus accident

Children killed in the accident being cremated

However, the business appears to be usual for the government. The parents had already approached the State High Court expressing their dissatisfaction with the report of the magisterial probe but to no avail.

On Sunday, a banner was seen hanging near Hanuman Mandir of Dharamshala in which pictures of about 19 children and four others killed in the tragedy were published with a request to the Chief Minister to spare a few moments to the case. The lines written on the poster said “Chand pal hamain bhi de do, Hamari bhi suno Mukhya Mantri Uncle Ji.” (Please, spare a few moments to hear us too Chief Minister Uncle)

Nurpur tragedy banner in dharamshala

It is not known who placed this banner but it did dock the state government, district administration, and the district police. The police has also not filed any charge-sheet in the case, the parents allege.  The parents are demanding a probe by the Central Bureau of Investigation, which is another embarrassment for the state police. The people hesitate to lay their trust in the state police due to what it did in cases like forest gaurd Hoshiar Singh and Kotkhai’s Gudia.  

Also Read: Nurpur tragedy: Because Govt did not repair collapsed part of road or bothered about parapets

On April 9, 2018, a school bus of a private school in Nurpur was carrying children back to their homes when it met an accident and fell into the gorge near Gurchal village. In this accident, 23 kids, which mostly included pre-school students, were killed on the spot while remaining one took his last breath a few days later in a hospital. Total 28 people had died including the driver. 

Cause of accidents in Nurpur Kangra

The spot of accident

The spot (shown in the picture above) from where the bus fell down into a 200-feet gorge speaks of the cause of accident itself. The missing piece of the road narrowed the spot. There were no signs of any roadside safety measures such as crash barriers or parapets. Another accident had been reported at the same spot previously too.

The parents are alleging that the government is protecting the officials of the Public Works Department and the contractor responsible for not repairing the collapsed part of the road.

magisterial probe report in Nurpur Bus accident

Photos: Amar Ujala

The authority was not ready to admit that the road was in poor condition. However, within a month of this tragedy, the spot was repaired and parapets were also installed. A few kilometres length of the road around the spot was also metalled in a haphazard manner.

Though the report that wasn’t made public might have been modified later, Himachal Watcher had obtained some of the facts cited in the findings of the magisterial probe.  

Also Read: Findings of magisterial probe into Nurpur Tragedy exposes HPPWD’s blunder

The district administration has not made the findings of the report public, the parents allege. Some of the parents said they were told that the driver suffered a heart attack which caused the accident. The parents alleged the government is trying to hush up the matter and is denying justice to their children.

On the other hand, the administration has told the parents to file an RTI to obtain the copy of the report. The administration said the report is prepared after a fair probe. It also claimed that parents never asked for a copy of the report. 

Protection of its officials even when their callousness and corruption have led to a loss of lives is one of the several things in which the current government agrees with the previous one.  This attitude is less likely to witness any change as the government is always sparing the road and spoiling it departments and officials.  

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HP Govt has every reason to terminate contract with GVK-EMRI providing 108 & 102 services

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HP Govt GVK-EMRI contract termination

Shimla: The 108 and 102 emergency services provided by the GVK Emergency Management and Research Institute (GVK-EMRI) have become a mockery of the very purpose of an “ambulance.”

Yesterday, a 108 ambulance killed a 70-year-old lady and injured three others as it rammed into a ‘dhaba’ in Saho in Chamba district. The ambulance, as per the report, was in bad shape and mostly needed push-start. While doing so, neither the vehicle got started neither the break worked, and it rammed into a dhaba.

In another incident in Nauradhar – a Trans-Giri region of Sirmaur district – the driver and technician of an ambulance had a narrow escape as the driver lost control after a tyre burst. The driver managed to gain control and prevented an accident.

GVK ambulances in bad shape

108 ambulance after tyrebust in Nauradhar

On August 25, a case of break-failure was reported in Sangdah (संगड़ाह) region of the district. The driver had to crash the ambulance against the hill.

Currently, these emergency services are like a lifeline for patients and a large population depends on t

The staff of the GVK had been trying to highlight the plight of the ambulances, which are not fit to be emergency vehicles. Tyre bust, brake failure, and other mechanical faults have been officially reported by the staff of these ambulances to the company, the State Health Department, and the National Health Mission.

The staff had even highlighted that despite being in unfit to be on road, the ambulances are passed by the government every year.

The staff has alleged the company of using repressive means to discourage such employees trying to raise their voice against blatant violations of rules.

These ambulances are supposed to run as much faster as the road and traffic conditions allow while carrying all mandatory life-saving tools, devices, medicine, and technicians. The 102 service dedicatedly serves for the pregnant women under a maternity scheme. The vehicles are supposed to be maintained regularly. Ambulances can’t afford to have worn-out tyers and mechanical errors.

These vehicles, especially those rendering 102 services should be maintained regularly so that they to endure the impact of bad road conditions. However, the situation is quite opposite to it.

Previous Story: 108 and 102 ambulance staff on strike again as their demands not met despite agreement

A month ago, the staff of the company had gone on strike over pending salaries, delay in payment of monthly salaries, and irregularities in the benefits offered by the company. As per the drivers, the company not only made them drive mechanically unfit vehicles but also exploited them by not paying for overtime.

There is no standard policy regarding the salary of the staff. While some employees receive Rs. 6,000 to 8,000, others are being paid 12,000 to 15, 000. The company is paying the salary in an arbitrary manner. Newly employed staff is offered more salary than what is being paid to employees who are serving for past five to eight years,

Puran Chand had told Himachal Watcher during the last strike in August.

Earlier in June, the company had given false assurance to the employees that all their demands would be met within a month. However, after the end of this deadline, the GVK had again failed to meet any of the demands.

The staff was so distressed that it did not resume duties despite the imposition of Essential Services Maintenance Act (ESMA). The State High Court, like it happens in almost every important issue, had to intervene to make the staff call off the strike. It was after the court termed their strike illegal and threatened them with committing a contempt of court by not joining back that the drivers and technicians called off the strike.

The service provider had also terminated about 63 employees to create panic among the others striking. However, instead of threatening them, the termination fueled the anger among the employees.

An FIR has also been registered against a senior Employee’s Provident Fund Organization Officer and an intermediary of GVK Company for offering and accepting a bribe. The middleman had paid a bribe of Rs. 80,000 to the officer of the EPF office in exchange for reducing EPF liabilities of the company, the striking staff allege.

The court had directed the district administration, the State and Centre Health Departments, and NHM to resolve the grievance of the staff.

Mr Ranjan Sharma, Additional Advocate General had told the court that the Mission Director, National Health Mission, HP, should ensure that the salary to the employees, on the due date, as per the agreement, is released, in accordance with law.

The contract between the State government and GVK should have been terminated long ago considering all above grievance. The contract was renewed in 2017 before the elections to the State Legislative Assembly and is valid till 2022. 

After pressure from the court, it is now that the Health Minister Vipin Singh Parmar is speaking about taking note of these grieve issues and reviewing the contract. He today said that this step was taken after receiving regular complaints about the service provider. The Minister has suggested that the contract could be terminated soon depending upon the outcomes of this review.

The government has every reason to take this much-needed step as the company is showing no signs of betterment in its attitude towards the emergency services and its staff.

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HRTC slammed for targeting schoolchildren for profit, burdening parents

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HRTC School bus fee hike

Shimla: The Himachal Pradesh Road Transport Corporation (HRTC), in a recent meeting, has hiked the fare for school buses by 50 percent. It would also apply to the bus passes, which were earlier issued on concessional rates to keep the transportation cost cheaper for school children.

This decision is facing severe criticism from the Parents Teachers Association of various public and private schools and other social organizations. The demand for withdrawal of the decision to hike the fare is being raised.

The HRTC, on the other hand, justified the hike in fare by reasoning that no hike was made since 2010.

The new rates of the HRTC charges (per month) for school bus passes are as followed:

Rs. 900 for five to ten kilometres

Rs.1350 for 11 to 20 kilometres

Rs. 1500 for 21 to 30 kilometres

The Communist Party of India, as well as the parents, have pointed out that the standard fare for a distance of five kilometres is currently Rs. 7. For both ways, it would be Rs. 14, and for a month, it would be Rs. 420. However, the Corporation is now charging Rs. 900 per month, which is a loot, they said. 

On Friday, some unofficial reports suggested that the Chief Minister could roll-back the decision after facing widespread criticism. 

The PTAs expressed anguish by saying that the Himachal Pradesh Government is hardly able to commit itself for the deliverance of quality education in the government schools. During the past two decades, a large number of parents shifted their trust from government schools to the private/convent schools.

The Education Minister and the teachers in the government schools were seen concerned more about transfers than committing to their schools and students.

Parents strive to get their children enrolled in private schools despite the fact that these institutions extract hefty fees, which makes them unaffordable for children of any family below middle class. The middle-class families sacrifice a lot to ensure a better education for their children, the majority of parents in PTAs agreed.

The parents are not only looted by private schools but also pay for cab services, which openly flaunt rules and regulations meant for ensuring the safety of children.

The government has so far never intervened to put a check on the private schools, regularise fee structure, and stop the financial exploitation of the parents.

As a matter of fact, the politicians, bureaucrats, and government officials settle nothing less than the most reputed private schools in the State when it comes to their own children. The congestion in private schools has grown to such an extent that parents seek approach/personal recommendation of ministers, politicians, elected leaders, bureaucrats, and influential people.

It’s ironical because the Right of Children to Free and Compulsory Education (RTE) Act, 2009, directs the government to ensure free and compulsory school education for all children. The Act specifically mentions that education to children must be ensured in schools located in their neighbourhood.

The Act also states that the governments should ensure that nothing stands in the way of children from accessing compulsory education. The government is supposed to eradicate all barriers or limitations, which keep children from receiving education in schools.

In Himachal, the governments have raised a large number of schools but failed miserably to ensure the quality of education in its schools. The situation is such that the government is proposing to shut down a good number of schools because no students would enrol in them.

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