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HP Police hatched a conspiracy, tortured and killed innocent laborer in Gudiya case: CBI

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CBI Chargesheet in Kotkhai custodial death

Shimla: Shocking revelations have come to light after the Central Bureau of Investigation on November 25 filed a chargesheet in the case pertaining to the custodial killing of Suraj Singh, a Nepalese laborer arrested for alleged gangrape and murder of Gudiya in Kotkhai on July 6.

The CBI today, on November 30, submitted its status report over the custodial killing to the Himachal Pradesh High Court. The CBI mentioned their accomplishment in concluding a successful probe and filing of challan against accused police officials in the CBI court. The agency said it is in possession of very solid evidences against the accused.

The next hearing in the case was scheduled for December 20.

If the CBI succeeds in proving every charge labeled against the accused in its chargsheet, then it would read like the following story:

A 16-years-old girl disappears on July 4, 2017, while returning back to home from the Government Senior Secodnary School Mahasu. The naked dead body of the girl is discovered on the morning of July 6.

The local police including the Deputy Superintendent of Police, Theog, Manoj Joshi arrive at the crime scene alongwith the Sub-divisional Magistrate . A FIR is filed under IPC Section 302, 376, and Protection of Children from Sexual Abuse Act (POCSO) against unknown culprits. 

After the medical examination and an initial investigation, the police confirm the victim was gangraped and then choked to death. The report says she died of asphyxiation.

The incident sends waves of horror across Himachal as the peaceful Hill state is not acquainted with such inhumanity and barbarism.

Initially, the local police headed by then SP Shimla, D.W. Negi, investigate the case, and a team of the local forensic lab collects evidences from the spot where the dead body is dumped

Regular reports in various dailies and online news portals appear hitting an involvement of influential person. On July 10, the Director General of the Police, Somesh Goyal, forms a Special Investigating Team. With great expectations, the command of the SIT is given to then Inspector General of Police, Southern Range, Zahur H. Zaidi.

Meanwhile, on the evening of July 11,pictures of four youths appears on Chief Minister Virbhadra Singh’s official Facebook page with an update regarding the SIT probe. The update says the police nabbed these four suspects in the Gudiya case.

Virbhadra Singh Kotkhai gangrape controversy

The Chief Minister’s Update on Facebook showing four youth as suspects

The pictures went viral on social media within seconds of posting. The update also confirmed interrogation from these suspects. However, the police do not confirm filing of any charges on the suspects.

The IT Cell of the Chief Minister deletes the photos within few minutes of posting. This suspicious move fuels the doubts of public about the possible conspiracy.

In its justification, the CMs IT Cell states that it was a technical glitch, which was not convincing at all

On the morning of July 13, the police arrests first accused in the case – Ashish Chauhan. By evening, five more accused are arrested. Surprisingly, none of these accused include any person who had appeared on the CM Facebook page on July 11. Five of the accused are laborers including two Nepalese

The youth is the odd one as he reportedly hails from a wealthy and influential family. The police do not provide any details about the role of this youth.

The police holds a press conference on the evening of July 13. The SIT and Director General of Police, Somesh Goyal, assure having in possession clinching forensic, technical, physical, and circumstantial evidences to prove the charges. They confirms confession by the arrested accused as well. 

The SIT claims it solved the case within 55 hours of formation, and all culprits are behind bars. The police pats its own back claiming the case as a difficult one to solve.

However, on July 13, the entire story changes like it never existed.

The previous reports based on initial investigation disappear suddenly. Prior to July 13, the reports suggested Ashish Chauhan as the prime accused, and the SIT probe makes Rajinder alias Raju the prime accused.

The public and local media persons do not buy this theory of police. The local takes to the roads and demand a CBI probe. On July 14, a protest in Theog goes violent as enraged locals vandalize the police vehicles and reportedly rough up then SP DW Negi.

The locals demand a CBI probe.

At the same time, the police take to extreme physical torture to extract false confession from five innocent persons it arrested.

Amid public unrest and demand for the CBI probe, on the intervening night of July 18 and 19, the police hack one of the five accused, Suraj Singh, a Nepalese laborer, to death at the Police Station, Kotkhai, while inflicting extreme physical torture.

The local police again hatch a criminal conspiracy to save itself and file a fake FIR against the prime accused Rajinder alisas Raju for the killing of Suraj. In its statement, the police tell media that Suraj is killed by Raju following a scuffle. The autopsy report also follows the same theory.

(As per CBI chargesheet) The role of doctors who conducts the autopsy of Suraj also comes into question.

The locals and media do not buy this story of the local police either. As a result of it, violent protests erupt in Kotkhai on July 19. The mob vandalizes and almost sets the police station on fire. The government is forced to order an CBI inquiry on July 19.

On July 22, the CBI files two cases – relating to the gangrape and murder of the minor girl and custodial death of Suraj. The agency gets the Body of Suraj re-examined by a team of experts from All India Institute of Medical Sciences.

CBI conducts post-mortem of kotkhai accused

File Photo: CBI taking the body of killed accused for re-exmination on July 25

The findings of the CBI shock the State as the CBI on August 29 arrests eight police officials including Zaidi and Deputy Superintendent of Police, Manoj Joshi in relation to the custodial death.

Shimla Gudiya case

The Sentry, Dinesh Kumar, who was on duty the night Suraj was killed becomes witness and leads to the arrest of the police officials.

On November 14, as another jolt to the State Police, the CBI arrests DW Negi for forging the FIR to save real culprits.

Sp Shimla arrested in Kotkhai Gudiya Case

The CBI finds no evidences against the remaining five accused, who manage to procure a bail.

On November 25, the CBI files a chargesheet against the eight police officials in the special CBI court.

On November 28, two other members of the SIT, ASP Bhajan Dev Negi and DSP Rattan Singh Negi, become eyewitnesses against the arrested officials.

The CBI gives them a clean-chit.

So, if the chargesheet is to be believed, the SIT tried to shield the real culprits, who are still unknown. The police extracted false confession by torturing and threatening the arrested persons. The motivation behind this act is still unknown to even the CBI.

The CBI is convinced that it possesses sufficient evidences to prove all the charges labeled against these nine police officials. The telephonic communication between these officials is said to be one of the strongest evidences against them.

However, the CBI has not made any arrest for the rape and murder of Gudiya. The local police has done a professional job in messing up the forensic evidences. The CBI still continues to visit the Kotkhai region and collect more statements of locals and the classmates of the deceased victim.

As per the reports, the CBI has reportedly seized records of three banks.The agency is either hoping to get a lead from it or already has one.

At the same time, unofficial sources are speculating political influence. They argue that money is not sufficient to lure an IG rank police official to commit such a henious crime.

The family of the victim and the people of the state are still waiting to know what had happened to Guidya and who are the real culprits. Why the police was trying to extract false confession from five innocent persons?

Stay updated on the go with Himachal Watcher News App. Click here to download it for your android device.

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.

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 Strong evidence in Kotkhai custodial death, says CBI, but no words on Gudiya gangrape, murder

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Chargesheet against Shimla SP DW Negi

Negi denies the charges. He said he was misinformed and did not visit the station a day after the custodial killing at the station, but IG Zaidi did make a visit on the directions of the then Director General of Police, Somesh Goyal.

Shimla: While submitting a supplementary charge-sheet against the former police chief of Shimla, DW Negi, in the custodial death case of an accused at the Kotkhai police station on July 18, 2017, the Central Bureau of Investigation (CBI) on February 13 claimed it is in possession of strong evidence against all nine arrested police officials.  

Negi shared some of the same charges that were labelled against the other eight police officials like hatching a criminal conspiracy, forging FIR against the wrong person, concealing facts related to the custodial death of Suraj Singh – a Nepalese arrested by the HP Police SIT with five others on July 13 for gangrape and murder of Gudiya. 

However, there was hardly any update in an investigation relating to the mystery of the gruesome gangrape and murder of a minor schoolgirl after abduction between February 5 and 6 in 2017. The Special Investigation Team (SIT) of HP Police had allegedly framed wrong people for the gangrape and murder of Gudiya and tortured one of them to death on the intervening night of July 17 and 18.  Remaining five accused were given bail as the CBI found no evidence against them.

The focus of the case remained more over the custodial death while the culprits behind Gudiya case remain unknown.

While DW Negi was arrested on November 16 last year, eight other police officials including the former Inspector General of Police, Zahur H Jaidi and Deputy Superintendent of Police, Manoj Joshi were already behind the bars since their arrest on August 29 last year.

The court on February 13 has extended the judicial custody of all police officials till February 23 – the day court will scrutinize the charge-sheet.

As per the charge-sheet submitted by the CBI, the DSP, Theog met the then SP Negi and IG Zaidi at their respective residences after Suraj was allegedly hacked to death at the Kotkhai police station.

Though Negi was not part of the SIT, he was the then SP of Shimla and the police station was under his jurisdiction. Negi could have exposed the conspiracy, but he chose to save the officials. For this purpose, false FIR was filed against a co-accused Rajinder alias Raju for the murder of Suraj.

As per media sources, even the IPS  Shimla SP Soumya Sambasivan, who was brought in place of Negi, was pressurized by Zaidi to cremate the body before the arrival of CBI.

Thereafter, the CBI took over the investigation of the Gudiya case and custodial death of the deceased accused in custody.

In its charge-sheet, the CBI booked all accused under Sections 302, 330, 331, 348, 323, 326, 218, 195, 196, 201 and 120 B of the IPC. The chargsheet contains 600 pages including annexes and statements of about 50 eyewitnesses.

However, Negi denies the charges. He said he did not visit the station a day after the custodial killing at the station, but IG Zaidi did visit on the directions of the then Director General of Police, Somesh Goyal. The DSP Joshi misinformed him, he reportedly told the CBI.

Except that, now the probe is  going on at a snail’s pace as no advocate is appearing for the arrested police officers. For the past couple of months, the CBI is stuck at obtaining permission to match the voice samples and permission of the government to prosecute the accused officials.

The new government might have launched the Guidya helpline, but it is silent over the case like the previous government.

The wave of anger among the people of Shimla has now begun to fade. The people were expecting that the case would pick-up pace after the formation of the new government, which did not happen.

The Bhartiya Janata Party had made a lot of clamour over the law and order situation and slow pace of the investigation. However, after coming to the power, the prosecution sanction against the arrested police officials still remain pending.

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Kangra mining mafia assault case: Police held back from taking action

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mining mafia in Indora area of kangra district

Mining mafia active in Indora region of Kangra district abducted Puran Chand of Mand-Myani, almost beat him to death with sticks and iron rods, and threw him near Nangal Boor bordering Punjab.

Shimla: Though the Chief Minister Jairam Thakur led Bhartiya Janata Party has been harping about the elimination of mining, forest, and drug mafia in Himachal Pradesh, but in speeches and media statements only.

In its media statements, the new government has taken expeditious action and is up in arms against the mafia, just like the previous government.

The mining mafia had only emboldened during the previous Congress-led government, and it continues to grow after the BJP romped into power in assembly elections held in November.

Now, the situation has become such that mafia has begun to abduct and assault villagers, who are daring to protest against the destruction of the rivulet. The police is yet again held back by the patrons of the mafia.

On January 30, the mining mafia active in Indora region of Kangra district abducted Puran Chand of Mand-Myani, almost beat him to death with sticks and iron rods, and threw him near Nangal Boor bordering Punjab.

He was first taken to the Civil Hospital in Pathankot, and then to Tanda Medical College, Kangra, in a critical condition.

After nine days of the attack, the culprits, identified as stone-crusher owners, are at large not because our police is incompetent, rather because our leaders and government have always been ceding the control to the mafia.

The cause of failure of police needs no explanation considering the fact that the police had filed a complaint against eight assaulters named by the victim. The Chief Minister had visited the victim and had assured him justice, which proved to be only a media statement so far.

Enraged over the inaction of the police, the people had gheraoed the police station, Indora on January 31. They demanded booking the culprits for an attempted murder (Section 307 IPC). The district administration failed to pacify the situation and had to face the wrath of people, who shouted anti-police slogans.

Isn’t it strange that despite the establishment of the Sub-divisional Magistrate (SDM) office in the region, illegal mining still goes on with no fear of the law?  

As per the allegations labelled by villagers,  the explanation of this inaction of the district administration and police lies in the fat monetary benefits offered by the stone crushers and miners.

This conflict between the common people and growing influence of the mafia is going on for years, but the situation worsened between 2014 to the current date.

As per the Kisan Sabha Unit of Kangra, Puran was playing a leading role in the protest against the illegal miners since 2014, which is why he was targeted to terrorize locals.

Now, the villagers are opposing the movement of tippers carrying mining material. In return, the stone crushers are also obstructing a small bridge to harass the villagers.

Along with the mafia,  the government seems to have lost the fear of law too, because the State High Court and the National Green Tribunal (NGT), in 2017, had made serious observations regarding the illegal mining and had imposed a complete ban on mining in tributaries of the Beas. 

Following the orders, the administration and the mining department registered several cases for a while but soon discontinued their surveillance due to reasons unknown.

The transfers of IPS Gaurav Singh from Baddi and Sanjeev Gandhi, former superintendent of police, Una, are sufficient to support the allegation of patronage to mafias by the government.

Gandhi had tightened the noose around the mining mafia by launching a special drive for this purpose. In March 2017, the police had even caught the offenders red-handed in Damtal region of the district and seized JCBs and vehicles found on the spot.

However, the amount of money and politicians or their relatives who are, directly or indirectly, involved in illegal mining, make the government agencies accede to mafia raj.      

In 2017, Gandhi was slapped three different transfer orders in just 17 days.

He went after the miners in the district who was supplying the illegally mined material to the neighbouring state of Punjab and registered 27 cases against illegal mining.

However, as a reward, his transfer order was issued in his absence within two days after the stone crusher owners and illegal miners exerted pressure on the BJP government.

Previously, during the Congress government, Gandhi, then posted as SP Kangra, had launched a similar drive against the mining mafia. He had registered 17 FIRs alongwith action against 950 violations in just seven months during his tenure in 2016-2017.

During that period, several machines and vehicles were seized by the authorities, which were later released unlawfully.  

The mining mafia in the district heaved a sigh of relief when the administration released impounded vehicles in a gross violation of rules and the NGT in its specific orders had directed the state agencies not to release such vehicles.  Sources said with the intervention of senior officers of the state government, these vehicles were released,

said a report published in the English daily.

He had even conducted a survey of stone crusher units set up near the Chakki rivulet, a tributary of Beas that marks the boundary between Himachal and Punjab, in the Nurpur and Indora jurisdiction.

Chakki rivulet in the subdivision bordering Punjab and Himachal Pradesh is a witness to the rampant and illegal mining that is threatening over 10 panchayats.  The people in the area are dependent on the Chakki water for irrigation.

Illegal and access mining with heavy machinery is turning the fertile fields into barren land. The mafia has destroyed local paths, water channels, and cremation ground, alleges the villagers.

The rivulet is marked by huge ditches as the mining mafia are not adhering to the rules and regulations for extraction of mining material. The government is bearing the huge loss of revenue as the mafia easily evades royalty and local taxes.

At that time, he was transferred to Una. Within four months, he was again transferred.

In 2016, the state High Court had also taken suo-motu- cognizance of the matter, and the Division Bench comprising Chief Justice Mansoor Ahmad Mir and Justice Sandeep Sharma had questioned the Congress government over regressive actions against honest officials.

Earlier, the Kisan Sabha’s protest had compelled the authorities to visit the mining spots, and they had admitted that illegal mining activity was prevalent in the area. The inspection team had found that the miners had excavated upto a depth of about 40 feet. Despite that, no action was ever taken against the culprits, alleged the Kisan Sabha.

The Sabha has expressed doubts over the intentions of the new government as no action is being taken against the perpetrator. The Sabha has also threatened the government that it will launch a massive protest against it if appropriate action is not taken against the assaulters and other stone crushers and mining mafia active in the region illegally.  

As the government, which has failed to keep the mining mafia at the bay, has recently asked Punjab for demarcation of its boundary. The unclear boundary line makes it easier for miners from Punjab to intrude into Himachal.

In a report published in another English daily, the police officials in Kangra had admitted that when they chase mafia, the Punjab police raise the issue of jurisdiction.

A similar attempt was made during 2015 to take up the matter with Pathankot counterparts seeking demarcation of the boundary along the Chakki Khud.

By delaying the right action, the government is not only condoning the offenders, but also ignoring the gravity of the environmental debacle that the excess, unscientific, and illegal mining is causing.

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Response to Shimla STPI cleanliness drive depicts poor psycho-social conditioning

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STPI Cleaning 6

The civic body is required to conduct extensive surveys to assess the causes of littering behaviour, study the psycho-social aspects associated with lack of awareness that encourages littering.

Shimla: On last Saturday, the Software Technology Park of India, located at the SDA Complex in Kasumpti, Shimla, made a call for the cleaning of the building premises, which houses 12 information technology and software companies. It was part of the Swacchta Pakhwada organized by the government from time to time. 

Some of the employees of Flexinet Technologies Pvt. Ltd, who are also the Community Members of Himachal Watcher, were also present. So, it was an excellent moment to observe the nature and effect of psycho-social conditioning of all persons employed with various offices and their respective bosses/company owners.

STPI Cleaning 6

The total number of employees in all offices including the STPI staff exceeds 250.  Majority of the employees are educated including males and females aged between 20 -40 years. These employees included natives from almost all districts of Himachal.

STPI Cleaning 17

The available data and conditions make it a perfect sample for a sort of survey that could be conducted with a qualitative method. In fact, let us consider that the number of participants was (n = 250). It was a random sample.

Location

The location chosen was the STPI block (24). There are total 12 companies/offices in the block, namely 31 Parallel, Covenant Info Solution,  NIELIT,  Kaith Group of Technologies, Himachal Pradesh Kaushal Vikas Nigam, Saraswati Dot Com, Himachal Media Pvt, Flexinet Technologies Solutions, Netgen IT Solution, Zasaya, and Snowmicro.

Conditions

STPI Cleaning 2

The area around the premises was badly littered around by the same employees. The bottles of whisky and beer, plastic packaging of online stores and snacks, packets of cigarette etc., were littered all over the place. If that was not enough, some offices had disposed of window glasses, marble tiles, and debris of concrete generated after renovations.

The most recent renovation was conducted by the office of Kaushal Vikas Nigam, housed at the second floor of the block. Prior to that, 31 Parallel, a BPO, had undertaken some renovation work.

To the demise of nature-lovers, all this construction waste including broken glasses was disposed of near the building instead of proper disposal.

The parking lot was full of potholes.

The cleaning was an arduous and risky affair due to the glass pieces disposed of with waste, broken bottles, and a steep slope.

 Literature Review

Shimla city is the capital of Himachal Pradesh and was known for its greenery, pure breathable air, and a serenity that its hills used to offer. Currently, Shimla city is heading towards an ugly future as the district administration and Municipal Corporation are in deep slumber. The Shimla’s civic body is the first one in India to implement the door-to-door garbage collection facility. A special body ‘Shimla Heritage, Environment and Beautification (SHEB) Society exists for the purpose of sanitation and solid waste management. Unfortunately, the civic body and SHEB Society are busy in a tug of war over the long-pending demands of the SHEB workers for regularisation. The sanitation work is mismanaged to such an extent that the SMC has allowed its workers to burn daily garbage all over Shimla – a grieve and deliberate violation of the Air (Prevention and Control) Act, 1981.

Sub-section (5) of Section 19 of the Air Pollution Act empowers the State Government after consultation with the state Board to prohibit the burning of any material (not being fuel) in any air pollution control area or part thereof, which may cause or likely to cause air pollution.    

In April 2015, a bench headed by NGT Chairperson Justice Swatanter Kumar, in a judgment, had clearly stated:

It is on the record before us that burning of garbage and other materials is not only source of air pollution but forms 29.4 per cent of air pollution with reference to PM10. The burning of material also causes serious respiratory problems and are even carcinogenic….There shall be complete prohibition on burning of any kind of garbage, leaves, waste, plastic, rubber or any such other materials in open areas.

The bench had further directed,

We direct that for every incident of burning of such material, the person who is actually found burning or responsible for burning would be liable to pay compensation in terms of Section 15 of the National Green Tribunal Act, 2010 under the principle of polluter pays.

The SMC is supposed to ensure proper disposal of garbage but, here in Shimla, the body is itself burning garbage daily. Except for the core or VIP areas, sanitation in the urban Shimla is only worsening with the passage of time.  

The jungles and slopes of Shimla are being buried beneath garbage and illegally dumped muck.  As far as the matter of over-construction is concerned, most of us, we are sure, would be aware of the situation.

The people, even the highly educated, don’t mind littering. It implies that our education system is not focusing on moral education and environmental awareness and its protection.

Moreover, the words such as a ‘vision’ or ‘planning’ are alien to our bureaucrats.

Methodology

Without any safety guidelines or accessories like gloves and masks, these participants were given a common verbal stimulus in the form of a call for the drive to clean their own work environment where they spend most of the time daily.

Results

At about 1:30 PM out of those hundreds of employees, not more than 30 were present on the spot. It implies, only 30 subjects responded to the stimulus including only two girls. Almost 50 percent of these 30 came ahead only after seeing the remaining 15 already engaged in cleaning.

SDA Complex cleaning

The STPI staff filled some of the potholes while some others were only partly covered.   

It is no co-incident that the boss/employer of these girls was also present with them, which motivated them.

Most respondents belonged to the 31 Parallel followed by Flexinet. Only two offices did not take part in the drive.  

Observations

This group did a fantastic job. Watching each other working diligently kept them motivated.

Out of approximately 100 females, only two girls were visible taking part in this small cleaning drive. Both of the girls are employed with the Flexinet. Interestingly, one of the girls, who had resigned a few days ago to pursue her studies, came back especially to join her ex-colleagues in the drive.

While the bunch of concerned people cleaned the premise, all girls chose to be onlookers, gossiping with sarcastic giggles. One of the girls was even seen taking a selfie.

It is a matter of contemplation as to why 98 percent of girls felt reluctant to join the doers’ camp.

As expected, only the owner and bosses of the Flexinet and Zasaya got their hands dirty to collect the kaleidoscopic garbage without any protective measures.

STPI Cleaning 7

However, the best part of this activity was that those who had chosen to be one of the doers did it with commitment.

STPI Cleaning 8

The most poignant fact that requires attention is the poor psychological and social conditioning of this small sample, which is the main reason why even educated citizens ignore all messages or rules regarding littering. They don’t find it embarrassing to litter but show reluctance when it comes to cleaning.  

STPI Cleaning

Most common aspect observed during the activity was yet again the reluctance of majority to come ahead or to join people in causes like cleanliness drives. We wonder how any logical person can ignore the satisfaction, which the group of doers found at the end of the day over a cup of tea with samosa’s (refreshment).

STPI Cleaning 9

In a couple of hours, the doers wrapped up the task, segregated the glass waste from other solid waste, and collected it at a single spot.

Shimla Cleaning Campaign

The Municipal Corporation of Shimla later collected the garbage for proper disposal (if any). SMC sanitation workers can be seen burning garbage in open daily. So, there is still no guarantee about the proper disposal of this solid waste collected during the cleaning.

Conclusion

Even though the majority did not participate, the group of doers was hoping to leave a message to them.

It is for sure that those who did participate in the cleaning would think before abandoning a disposable cup or cigarette packets in open.

Though we are skeptic of it, the STPI staff has assured that at least two dustbins would be placed inside the premise soon.  

As a vitriolic reality, however, litterbugs again set to work and a fresh lot of garbage begins to appear from the very next day. No message was taken from the cleaning drive. The onlookers failed the doers yet again.

We hope that group of doers won’t let these litterbugs spoil the place again. On being caught red-handed, these bugs will be given appropriate demonstration through sensible arguments, by debating the logic and reason.

Further, the civic body is required to conduct extensive surveys to assess the causes of littering behaviour and study the psycho-social aspects associated with lack of awareness that encourages littering.

Due to poor social conditioning related to disposal of garbage in open, most of us do not develop aesthetic sense. Because no one objected to littering, an individual doesn’t consider it a malpractice. We can say that they don’t feel guilty for littering and do not develop a sense to correct things as we grew up regularly witnessing this malpractice by people of all ages despite being educated. 

The State government need to encourage researchers including students in the local institutes to take up the task of conducting studies to find out causes for littering behaviour and other aspects related to the environmental protection. 

Stay updated on the go with Himachal Watcher News App. Click here to download it for your android device.

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