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Industrial hemp can revolutionize Himachal’s economy, end war on drugs, says petition seeking legalization

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The genetically modified hemp will possess only .3 to 1 percent potency. Which means the psychoactive effect of the drug will be absent.  Apparently, these plants will be of no use to the drug users.

Shimla: These days, the debate over legalizing the cultivation of cannabis plants (hemp)in Himachal Pradesh has brought the attention of the people to the treasure nature has endowed them with – cannabis. Not because it gets you high but for the potential of revolutionizing the economy of the State, which is currently dependent mainly on apple production.

Don’t think this advocacy of cannabis legalisation is our own. All these facts are given in support of legalization in a petition filed by advocate Deven Khanna in the High Court of Himachal Pradesh. Mr. Shrawan Dogra is also the advocate for the petitioner.

A bench of Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel have also asked the State and Centre government to provide its response within four weeks.

What made us highlight the debate is that the petitioner has given a number of authentic references including medical journals, both national and international authoritative publications, government websites, judgments and various other articles and reports.

Further, there is already a provision to permit cultivation of industrial hemp.

Referring to the Narcotics and Psychotropic Substances Act, 1985, the petitioner argues that the Indian law permits the mass cultivation of hemp for horticultural and industrial use. However, it was the government that has failed to avail it for the socio-economic growth of the farming community.

The Section 10 of the said Act bestows the state governments the power to decide the limits within which licenses can granted for its cultivation. Unfortunately, Himachal never used the provision, and did not formulate any regulation or rules to facilitate the medical or industrial use of the plant,

the petitioner Deshinder Khanna told Himachal Watcher.

The petition argues that the hemp grows in almost every part of the Hill State without any care that the other crops require. It does not even ask for much water. Hemp is a water-intensive crop as it requires 400 times less water than other crops and requires almost negligible herbicides, pesticides, manure, and protection from wild animals.

It offers a plethora of benefits. If it begins to grow on a part of the land, then you don’t have to take the pain to plough the field before sowing seeds. It grows rapidly as compared to other crops.

The commercial potential of hemp is unmatchable. If sold to industry, it can produce over 25,000 end products including health foods, organic body care, clothing, construction materials, biofuels, plastic composites and so on.

It offers 2/3 times more fibre than a crop of cotton. Fabric from hemp fibre is better than cotton and has eight times the tensile strength of cotton.

From the perspective of medical use, if sold to the medical and neurological research institutes, they can study and use it against fatal diseases like cancer and HIV/AIDS.

Medical marijuana treatment has become popular and accepted over the last few years in Israel, with about 15,000 registered users and 50 more approved each week.

Take a Look at List of Medical Benefits of Marijuana

Lung Function

A study published in Journal of the American Medical
Association on 11th January 2012, found that Tobacco
smokers lost lung function over time, but pot users
actually showed an increase in lung capacity.
 

Epileptic Seizures

A study published in Journal of Pharmacology and
Experimental Therapeutics on 03rd September 2003,
found that Cannabinoids like the active ingredients in
marijuana, tetrahydrocannabinol (THC), control
seizures by binding to the brain cells responsible for
controlling excitability and regulating relaxation.
 

Dravet Syndrome

Effects: causes seizures and  severe developmental delays

The doctors who recommended this treatment say that
the cannabidiol in the plant interacts with the brain cells
to quiet the excessive activity in the brain that causes
these seizures. As was also found by Dr. Sanjay Gupta
(US Citizen) during his research for CNN Special
Documentary “Weed”
 

Chemotherapy

Cancer patients being treated with chemo suffer from
painful nausea, vomiting, and loss of appetite. This can
cause additional health complications. Marijuana
can help reduce these side effects, alleviating pain,
decreasing nausea, and stimulating the appetite. As was
also found by Dr. Sanjay Gupta (US Citizen) during his
research for his CNN Special Documentary “Weed”
 

Alcoholism

Effects: Alcoholism involves disruptions in the endocannabinoid system.

Research in Harm Reduction Journal, 03rd December
2009, shows that some people use marijuana as a less
harmful substitute for alcohol, prescription drugs, and
other illegal drugs. Some of the most common reasons
for patients to make that substitution are the less
adverse side effects from marijuana and the fact that it
is less likely to cause withdrawal problems
 

Cancer

1. CBD (Cannabidiol) may help prevent cancer from
spreading, researchers at California Pacific Medical
Center in San Francisco reported in 13th December
2012.
2. Cannabidiol stops cancer by turning off a gene
called Id-1, the study, published in the journal
Molecular Cancer Therapeutics on 05th September
2007, found. Cancer cells make more copies of this
gene than non-cancerous cells, and it helps them
spread through the body and;
3. Cancer cells in the lab that had high expression
levels of Id-1 and after treating them with
cannabidiol. After treatment the cells had decreased
Id-1 expression and were less aggressive spreaders
 

Alzheimer’s Disease

Effects: term loss of the ability to think and reason clearly affecting persons daily functioning

A study published by The National Center for
Biotechnology (USA) on 06th October 2008, found that
THC, the active chemical in marijuana, slows the  formation of amyloid plaques by blocking the enzyme
in the brain that makes them. These plaques are what
kill brain cells and cause Alzheimers.
 

Multiple Sclerosis

A study published in the Canadian Medical Association
Journal on 14th May 2012 when
Dr. Jody Corey-Bloom studied 30 multiple sclerosis
patients with painful contractions in their muscles.
These patients didn’t respond to other treatments, but
after smoking marijuana for a few days they were in
less pain.
The THC in the pot binds to receptors in the nerves and
muscles to relieve pain. Other studies suggest that the
chemical also helps control the muscle spasms
 

Leeuwenhoek’s Disease

Effects: Causes non-stop spasming in the  abdominal muscles which are not only painful, but interfere with breathing and speaking

Smoking marijuana is able to calm the attacks almost
immediately, as it calms the muscles of the diaphragm.
As was also found by Dr. Sanjay Gupta (US Citizen)
during his research for his CNN Special Documentary
Weed
 

Hepatitis – C Infection

A October 2006 study in the European Journal of Gastroenterology and Hepatology found that 86 percent of patients using marijuana successfully completed their Hep C therapy, while only 29 percent of non-smokers completed their treatment, possibly because the marijuana helps lessens the treatments side effects. Marijuana also seems to improve the treatment’s effectiveness: 54 percent of Hep-C patients smoking marijuana got their viral levels low and kept them low, in comparison to only 8 percent of non smokers  

Inflammatory bowel diseases like Crohn’s Disease and Ulcerative Colitis

Effects: Abdominal pain, vomiting, diarrhea, rectal bleeding, severe internal cramps/muscle spasms in the region of the pelvis and weight loss. Anemia is the most prevalent extra-intestinal complication of inflammatory bowel disease.

Institute of Gastroenterology and Liver Diseases, Chaim Sheba Medical Center (Israel), stated the following in their January 2012 “Digestion” article, “Impact of
Cannabis Treatment on the Quality of Life, Weight, and
Clinical Disease Activity in Inflammatory Bowel
Disease Patients: A Pilot Prospective Study”:-
1. “In the present preliminary prospective study, we
have found that treatment with inhaled cannabis
improves quality of life in patients with longstanding
CD [Crohn’s disease] and UC
[ulcerative colitis]. Treatment was also shown to
cause a statistically significant rise in patients’
weight after 3 months of treatment, and
improvement in clinical disease activity index in
patients with CD.
2. Moreover, the data demonstrated a statistically
significant improvement in almost all aspects of
patients’ daily life. After 3 months’ treatment with
inhaled cannabis, patients stated an
improvement in their health status, their ability
to perform daily activities and their ability to
maintain social life. Patients reported a
statistically significant physical pain reduction
during treatment, as well as improvement in
mental distress…
3. None of our patients complained of any side
effect that disturbed their working ability. In fact,
as was shown in the results, there was a
statistically significant improvement in patients’
ability to work after treatment.”
 

Arthritis

The study conducted in 09th November 2005, funded by GW Pharmaceuticals, which makes Sativex (a cannabinoid medicine), found patients who had taken the CBM (cannabis-based medicine) had statistically significant improvements in pain on movement, pain at rest, quality of sleep, inflammation, and intensity of pain.  

Metabolism

A study published on 16th May 2013 in the American Journal of Medicine suggested that pot smokers are skinnier than the average person and have healthier metabolism and reaction to sugars, even though they do end up eating more calories.  

Systemic Lupus Ertyhematosus

Effects: The body starts attacking itself for some unknown reason.

A team of University of South Carolina researchers led
by Mitzi Nagarkatti, PrakashNagarkatti and Xiaoming
Yang found that chemicals in marijuana seem to have a
calming effect on the immune system, which may be how it helps deal with symptoms of Lupus. Their
research has been published online in the Journal of
Biological Chemistry and is dated 19th May 2014, and,
available on Science Daily, dated 02.06.2014.
 

Parkinson’s Disease

Research from Israel shows that smoking marijuana significantly reduces pain and tremors and improves sleep for Parkinson’s disease patients. Particularly impressive was the improved fine motor skills among patients. The said finding can be found in the CNN Special Documentary “Weed”  

Post Traumatic  Stress Disorder (PTSD)

Naturally occurring cannabinoids, similar to THC, help
regulate the system that causes fear and anxiety in the
body and brain. The said finding can be found in the a
CNN Special Documentary “Weed” 
 

Brain Damage caused by Stroke

Research dated 03rd December 2013, from the
University of Nottingham shows that marijuana may
help protect the brain from damage caused by stroke, by
reducing the size of the area affected by the stroke — at
least in rats, mice, and monkeys.
This isn’t the only research that has shown
neuroprotective effects from cannabis. Some research
shows that the plant may help protect the brain after
other traumatic events, like concussions. 
 

Brain Damage caused by  Concussions andTrauma

A study dated 19th August 2013, in the journal Cerebral
Cortex showed that in mice, marijuana lessened the
bruising of the brain and helped with healing
mechanisms after a traumatic injury.
 

Brain Tumours

Specialists at St George’s, University of London,
studied the treatment of brain cancer tumours in the
laboratory and discovered that the most effective
treatment was to combine active chemical components
of the cannabis plant which are called cannabinoids.
The said research can be referred to on Science Daily is
dated 14th November 2014.
 

HIV Human Immunodeficiency Virus

 

 

Mount Sinai School of Medicine researchers have discovered that marijuana-like chemicals trigger receptors on human immune cells that can directly inhibit a type of human immunodeficiency virus (HIV)
found in late-stage AIDS, according to new findings
published on 20th March 2012.
 

 

 

Hemp can save trees

Have you heard of Hemp Paper? Hemp cultivation can save lots of trees that we fell to manufacture paper. For instance, it can produce the same amount of paper in just one acre, which currently takes the sacrifice of trees in 2 to 4 acres of land.

Environmental Benefits

The present policy of burning the cannabis plant not only causes environmental pollution but also causes a great loss to the biodiversity and the eco-system. The plant has a great capacity to maintain the richness of the soil cover.

How cannabis helps fight cancer

As per the appeal made in the petition,  BioChemist Dennis Hill research reads

“In every cell, there is a family of interconvertible sphingolipids that specifically manage the life and death of that cell. This profile of factors is called the “Sphingolipid Rheostat.” If endogenous ceramide (a signalling metabolite of sphingosine-1-phosphate) is high, then cell death (apoptosis) is imminent. If ceramide is low, the cell is strong in its vitality.Very simply, when THC connects to the CB1 or CB2 cannabinoid receptor site on the cancer cell, it causes an increase in ceramide synthesis which drives cell death” 

Can End Himachal’s War on Drugs

The State’s ‘war on drugs’ can also be ended by legalizing medical and industrial marijuana, the petitioner claims.

By keeping medical and industrial uses of Marijuana prohibited, the State has only allowed drug mafia to develop a parallel black economy and they are targeting children first. 

All that the government would have to do is to procure genetically modified species of cannabis which have far less content of the Tetra hydro cannabinol (THC) – content in the plant responsible for its psychotropic effect on smoking and providing such modified seeds to the farmers.  As compared to currently found marijuana which as a potency of 4 to 5 percent, the genetically modified hemp will possess only .3 to 1 percent potency. Which means the psychoactive effect of the drug will be absent.  

Apparently, these plants will be of no use to the drug users.

This way, the government can take control of the plant from the drug mafia and give it to our scientists, doctors, textile manufacturers and other relevant industries, said the petition.

The Commercial Potential

As per the well-researched petition, allowing regulated cultivation of hemp can lead to rapid economic growth and reduce unemployment in the rural areas.

The hemp has a potential to add more to State’s exchequer (as tax money) and substitute apple as the major cash crop. Legalization of medical and industrial use of Marijuana would make the state more progressive, reduce expenditure, said the petition.

With proper regulation, sensitization and awareness, the hemp cultivation can be used for industrial economic growth. It will lead to a rise in the growth of GDP.

Imposing a tax on selling of marijuana will anyway help in keeping a control over its production, and it would be a help to the State economy.

The petitioner said that according to the central government’s Ministry of Textiles, internationally, hemp production is estimated to be around 0.1 million tonnes annually.

Allowing Indian farmers to cultivate hemp will give them a stake in the $1.5 trillion hemp industry currently dominated by China, France and Germany.

Regularising the plant could create an industrial hemp textile market in India that could be valued at an estimated Rs 240 million.

The petition said such Marijuana in Netherland contributes about $3.2 billion with an annual gross

Further, the petitioner referred to the State government of Uttrakhand that has recently directed officials to facilitate the licensed cultivation of industrial hemp in the State to capitalize on its fibres. Meanwhile, the academic institutions have been asked to conduct research to ‘develop’ modified hemp species with only 0.3 to 1.5 percent THC content.

The neighbouring state of Himachal, Uttrakhand has already permitted regulated cultivation of hemp.

Some other facts about industrial hemp

 

  • The industrial hemp’s product hempcrete could be a greener alternative to concrete. The plant acts as a carbon store, absorbing atmospheric carbon dioxide (CO2). One square metre of a timber-framed, hemp-lime wall (weighing 120 kg), stores 35.5 kg of CO2. In contrast, about 198kg of CO2 is emitted to make one tonne of reinforced concrete.
  • Cannabis has 450 ingredients, of which 80 are chemical compounds called cannabinoids. The human brain has cannabinoid receptors, which control physiological processes such as appetite, pain, mood and memory, together called the endocannabinoid system. The cannabinoids from cannabis interact with the receptors in the brain and work as a smooth muscle relaxant and receptor blocker, alleviating pain, and symptoms of arthritis, diabetes,
  • Hemp Plastic-Hemp can also act as a good plastic substitute to produce products which are strong, durable and environment-friendly.
  • Biodiesel can be produced from the fibrous stalks  reducing our dependence on fossil fuels and nuclear power
  • Cannabis oil is the most potent of three main cannabis products, which are the actual cannabis flower (marijuana), resin (hashish), and oil (cannabis oil). Cannabis oil is the most concentrated form of References to history the three main cannabis products. That is what makes cannabis oil the most potent.
  • The cannabis plant is being grown world over to reduce radiation effects in areas where nuclear disasters have happened because of its properties to soak up radiation.
  • The plant acts as a carbon store, absorbing atmospheric carbon dioxide (CO2)

 

Further, the petitioner said the rest of the world has already initiated the process of decriminalizing marijuana. In the United States of America, it’s legal with strict regulations in States of Alaska, Arizona, California, Colorado, Connecticut, DC, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Bar & Bench Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington.

Constitutional Context

The petitioner appeals that the “The Constitution Of India 1949” guarantees right to preserve cultural identity. In addition to it, India also has National Fiber Policy, 2010.  

Historical Background

  • The petitioner has also pleaded the court to dwell upon the cultivation and use of marijuana in historical context. It is one of the oldest crops used for cultivation. It was cultivated in China as early as 4000 BC.
  • Cannabis has a long history in India and dates back to as early as 2000 to 1400 B.C. The earliest mention of cannabis can be found in The Vedas or sacred Hindu texts.
  • According to The Vedas, cannabis is one of five sacred plants and a guardian angel lived in its leaves. The Vedas call cannabis a source of happiness, joy-giver, liberator that was compassionately given to humans to help us attain delight and lose fear, said the petition.
  • The Zend-Avesta, a sacred book of Zoroastrianism, used by the peoples of India dating back to 600 BC, talked about hemp’s intoxicating resin.
  • The Chinese emperor and herbalist, Chen-Nung wrote about hemp’s medicinal uses 5000 years ago.
  • In Great Britain, Hemp cultivation extensively started back in 800 A.D
  • During the 17th Century, American farmers were ordered to grow Indian hemp. The law also passed an order that a person could be sentenced if they weren’t growing hemp on their land. At that time, hemp was considered as a legal tender. Moreover, for more than 200 years, hemp was used as a currency to pay off their taxes. Rudolph Diesel created a famous engine in 1896.

The petition said this step can epitomise a wholesome, credible solution towards alleviating conditions of poor farmers and uplifting society by tracing the timeless benefits of Hemp to drive measurable social impact. The petitioner urged the State to take steps in providing a regulatory framework to facilitate cultivation of industrial hemp.

 

What Exactly the Petitioner Seeks from High Court  

Do not take the petition as a hope that it would mean decriminalization of smoking cannabis. On the behalf of the people living a poverty-ridden life in rural areas, who could not reach the court to avail already existing provisions due to lack of kaleidoscopic legalities associated with this sensitive topic, the petitioner seeks the directions of the court for removal of restrictions on growing only commercial and medicinal hemp.

First, the government should define industrial hemp (based on the percentage of THC) and authorize the cultivation and possession of industrial hemp by creating an advisory board or commission.

The petition also appeals to facilitate the cultivation, processing, and use of only industrial and medical hemp, so that the public could receive is commercial and medical benefits.

The petition seeks to authorize a state licensing or registration program for growers and seed breeders. The state departments should be allowed to collect funds for research programs, said the petition.  

The government can promote research and support development of markets for industrial and medical hemp.

The court can direct the government to collect important information on industrial and medicinal hemp to further make regulations/guidelines on easy access to open industries, scientific research labs, and institutes for Industrial and medicinal hemp use.

The Research Centre, Pant Universities, and agricultural industry should be directed to develop seeds having a THC level apt for industrial use. These seeds will be disseminated to the villagers. It will act as an effective measure to prevent the growth of cannabis having an illegally high THC content, said the petition.

Note: All the factual information published in the above story are taken from the petition filed in the High Court of Himachla Pradesh.

 

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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.

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

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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. 

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