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
|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.
|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.
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
|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”
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
|1. CBD (Cannabidiol) may help prevent cancer from
spreading, researchers at California Pacific Medical
Center in San Francisco reported in 13th December
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
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.
|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
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
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
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
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.”
|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.|
|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.
|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.
|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.
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.
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.
- 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.
HP Health Deptt Scam: BJP Chief Bindal Resigned on “Moral Grounds” or Asked to Resign by High Command?
Shimla-In a time when the corona pandemic is haunting India as well as the entire world and a huge lot of budget is being allocated for health infrastructure, services, and equipment like PPE kits, ventilators etc., officials and politicians in India are as usual ensuring their cut in corruption. Are All the donations that people had been making towards the PM/CM Relief Funds to fight COVID-19, safe in the hands of the current Government? No surprise that a cut from the 20 lakh crores, which the Prime Minister claims has been released as a relief for the people, would end up in the personal pockets of bureaucrats, politicians and middlemen.
The latest example is Himachal Pradesh’s Health Department and politicians. Right after a week, an audio clip of an alleged deal between the Director, Health Services, Dr Ajay Gupta and an employee and close aid of a politician appeared, Dr. Rajiv Bindal has resigned from the position of State BJP Chief. His resignation was also accepted almost immediately. He claimed that he resigned on “moral grounds” as he was hurt after the party’s name was associated with the alleged scam. He claimed that the party and the Government are clean and has no role in this alleged scam. It’s hard to digest that BJP Chief resigned even though no particular name of any political leader has been confirmed officially. The pubic and oppositions are sensing something fishy in this act of the BJP party chief.
The mater soon reached the Office of the Prime Minister and the resignation came right after it. Some sources said that Bindal didn’t resign but was asked to resign on the behest of PM Office anticipating a political upheaval not only in the State but at the national level. Five times MLA Bindal has served as health minister, remained the Speaker of State Legislative Assembly, and then given the charge to lead the party in Himachal.
Oppositions and public are demanding a CBI probe into all purchases made during the period of lockdown. Senior BJP leader and former Chief Minister Shanta Kumar also expressed anguish over the ongoing corruption in the health department, especially when the nation is going through turbulent times due to the pandemic.
प्रैस विज्ञप्तिभारतीय जनता पार्टी के वरिष्ठ नेता एवं हिमाचल प्रदेश के भूतपूर्व मुख्यमंत्री एवं पूर्व सांसद, शांता…
It’s pertinent to mention that it’s not the first such scam, and earlier irregularities were reported in the purchase of sanitizers. According to the allegations, hand sanitizers were bought on a price higher than the actual price. Moreover, last year, a letter from a BJP’s leader had created a stir in which serious allegations were labelled against the minister and officials of the health department.
What Happened Earlier
Director, Health Services, Dr Ajay Gupta was suspended after a 43-second-long audio clip leaked to media on May 21, 2020. In the audio, two persons are conversating about bank accounts and transaction of Rs. 5 lakh. The charges are that the Director was allegedly asking for a bribe in purchase-related to health equipment in wake of the pandemic.
Additional Chief Secretary RD Dhiman had to hand over the case to the Vigilance department soon after the audio clip appeared. Ordering immediate probe is something that BJP is presenting as a proof of State Government and Chief Minister Jairam Thakur’s innocence.
The Director confessed that he was one of these two persons heard speaking in this clip. Later, at late-night, the Vigilance and Anti-Corruption Bureau arrested Gupta.
Then, he got admitted to the Indira Gandhi Medical Hospital complaining of poor health due to his diabetic condition. He was discharged on Monday. After his discharge from hospital, he was produced in a court from where he was remanded to five days of police custody.
His house was raided by a Special Investigating Unit headed by IPS Shalini Agnihotri and jewelry worth Rs. 4 lakh and Rs. 28 cash were ceased. Several documents, mobile phones etc. have also been ceased.
By May 25, the Vigilance team said that the Director holds over a dozen accounts in various banks. As many as 20 ATMs and Credit cards were also ceased in the raid on his office and residence.
Then, media reports said that the entire scam is linked to some influential leader of Bharatiya Janata Party. According to a Hindi Daily, the person to whom the Director was speaking to is an employee of the firm that this politician is affiliated to. This firm was allotted the tender for the purchase of equipment related to COVID-19. The Daily said the Director had negotiated the deal for a bribe of Rs. 5 lakh.
Also, the politician involved was reportedly also making attempts to get an extension for the Director who was to retire on May 31. After the audio clip went viral, the politicians tried to hush it up but could not do so as the Vigilance had already arrested the director.
Not only the Director but the committee constituted for taking decision on purchases for the Health Department has also come under the scanner.
Since Gupta’s arrest, the Vigilance Department has not released any information regarding the person on the other side of the phone. No other arrest has been made so far. However, it was reported that a close aid to the politician involved was being questioned regarding the scam.
However, as the public fears, the investigation of this scam is likely to be botched up as influential politicians and bureaucrats are said to be linked with it. In the name of investigation, the Director or a couple of other officials would be held responsible. Still, the investigation might not reach its conclusion for years, as it happens when influential politicians of a party are involved in scams.
Response of Judiciary to India’s Migrant Crisis During Lockdown
Shimla-Judiciary has a duty to make the Government accountable for the conditions that migrant workers are facing today. In a series of articles, we will be going through the response of Indian Judiciary to the present Migrant Crisis. In the first of these series, we go through two important directions of the Patna High Court to the Government, which can help in elevating the condition of the Migrant Workers who are the victims of the present lockdown.
Patna High Court this month acknowledged the seriousness of this crisis and passed two important Orders which are marked by empathy for the plight of the present victims.
In one of the order, it has sought a reply from the Bihar government on a petition alleging ‘poor condition of quarantine centres’ in the state where migrant workers have been mandated to stay for three weeks upon their return from other parts of the country. In the other order, it has urged the State Government to reconsider its policy of not engaging with members of civil society in handling the COVID-19 crisis.
Order regarding the poor condition of quarantine centres
(C.W.P No.5656 of 2020)
A Division Bench headed by Hon’ble Chief Justice Sanjay Karol directed the state government to file its reply, noting with concern that Bihar has the “highest population density” in the country and “any mismanagement” at the quarantine centers could lead to a substantial increase in the spread of COVID-19 in the state.
“From the record, it can be inferred that perhaps in the State of Bihar, more than 2450 quarantine centres stand established by the Disaster Management Department, in anticipation of housing 2.5 lakhs persons, termed as migrants, who are desirous of returning home. Perhaps the figure may be more. Such quarantine centres are to be established and managed as per the guidelines for quarantine facilities framed by the Government of India. There has to be proper segregation of the areas, prominently labelled as low risk, moderate risk and high risk areas. The entry and exit points of the said centres are required to be secured properly, with proper facilities of sanitation etc. Any mis-management in proper handling of such centres may result into the spread and/or increase of the disease in Bihar.
..The relevance, significance and importance of ensuring proper sanitization, cleanliness and orderliness at the Centres is highly imperative, more so looking into the economic condition, demography and population of Bihar. Today, 1/10th of the population of India lives in Bihar with highest density of population ratio. Hence the need, all the more, for monitoring the centres directly by senior level officer(s) at the level of the Government and with a greater vigil.
..In the response, it be categorically stated, in a tabulated form, district-wise, (a) the number of quarantine centres established in the State of Bihar; (b) number of persons (migrants) housed therein; (c) number of persons who have been allowed to return to their respective places of destination after expiry of the mandatory period of quarantine; (d) total number of persons (migrants), who are further expected to enter the State of Bihar; (e) the capacity of centres to house such persons; (f) whether provision for security, sanitation and food exists at each one of such centre or not; (g) whether such facility stands outsourced or is being provided or sought to be provided directly by the employees of the State; (h) whether there is a provision for providing medical aid/facilities; and (i) mechanism for lodging complaints and its redressal.”
Direction for engaging members of civil society in the fight against Corona Virus.
(C.W.P No.5609 of 2020)
A division bench headed by Justice Sanjay Karol in another order observed that “in a democratic society, the Civil Society cannot be ignored”, Order Stated:
“Well, at this stage, we need not say anything further, save and except, that the role of Civil Society, be it in the form of individuals/ CSOs/NGOs, in helping the orphans; elderly persons; and specially challenged persons, cannot be undermined. Public and private participation to overcome natural disasters and adversities is not alien to the culture and heritage of this great nation. Also Practices and teachings of Lord Buddha and Lord Mahavira are well entrenched in the State of Bihar. One cannot forget the importance and significance of the Directives Principles of State Policy, Part IV, (Article 39) and Part IV-A Fundamental duties, more specifically, (Article 51-A (h)) of the Constitution of India, while dealing with the problems arising out of the Pandemic Corona Virus (COVID-19).
We are also of the view that for centralized monitoring of the problems faced by the sectors mentioned above and the relief provided/action taken, technology be used. Perhaps, a Website, to be operated at the level of the Government of Bihar can be opened up where any member of the Society (organized or un-organized) wanting to help the Government or the citizenry, in whatever manner, be it in the form of material or human resources, can register their request and the same dealt with promptly by a duly authorized competent and a responsible officer. We only hope that the Chief Secretary, Government of Bihar shall have part of this order implemented latest by day-after-tomorrow, 29.04.2020.”
List of verified NGOs, charities and private institutions, which are working on the ground:
- fdci.org or write to them at [email protected]seedsindia.org/covid19/
Migrant Workers in Himachal’s Baddi Forced to Walk Back Home as State Govts Remain Apathetic
Solan: The heart-wrenching exodus of stranded migrant workers from cities back to villages in the wake of the COVID-19 lockdown happening across the country is now unfolding in Himachal’s industrial belt Baddi as well. About 30 organisations, comprising of trade unions, civil rights groups, youth alliances, independent social organisations and networks from Himachal, Uttar Pradesh and the country today issued an appeal in support of workers from other states stranded in Himachal and the need for urgent coordination between states to ensure and facilitate their safe return to their homes.
The Baddi-Barotiwala-Nalagarh Industrial area in the Solan district of Himachal Pradesh houses more than 2000 industrial units and is known as the pharma hub of Asia, said the collective appeal of these organizations.
With an annual turnover of more than 60,000 crores, this zone has a major concentration of migrant workers in the state of Himachal Pradesh, possibly between 1.25 to 1.5 lakh people. These workers belonging to various states mainly Uttar Pradesh, Bihar, Jharkhand, Madhya Pradesh, Orissa have been under severe distress due to the sudden announcement of a country-wide lockdown, the appeal said.
The appeal specifically highlights the distressful state of thousands of migrant workers in the Baddi-Barotiwala-Nalagarh industrial area and the lack of response of the administration and respective governments to ensure urgent evacuation of those who want to leave.
“Post the lock-down, as factories remained closed down, in the absence of any sources of income, these workers soon ran out of the savings, if any, to buy rations and pay off their room rents. In the initial period contractors took care of some relief which soon ended and accessing the government-sponsored relief has not been easy either. Their only desire and demand, for the last month and a half, has been to be able to return to their homes, but it is unfortunate that while the Himachal Government has been able to bring back its native residents, the same efficiency and empathy has not been shown in ensuring the return of these workers who contribute hugely to the state’s economy”,
the statement said.
“Although the news has clearly stated that Himachal government will bear the cost of travel for migrant labourers, private operators have started plying their buses with the permission of administration but have been charging exorbitant amounts from the already deprived workers. This has been causing further panic and stress among these communities. Over the last few days, with no Government assistance forthcoming, after losing all hope and patience, workers have picked up their bags and baggage, their tiny children, the elders and the women and have started walking on foot the journey of several kilometres in a desperate attempt to return back to their homes,”
the statement said.
Specifically highlighting the case of workers from Uttar Pradesh, who have long registered themselves on the online portals to travel back, the statement also raised that “private bus operators are charging exuberant fares from already deprived people and with no State help forthcoming, the migrant labourers have been forced to walk back home several hundred kilometres with their children, elders and women”.
The statement also condemned the dilution of labour laws as well as the suppression of freedom of the press by filing charges against journalists reporting the plight of the workers and the negative impacts of the lockdown and demanded the withdrawal of these. Highlighting that the Haryana Government has arranged for free food and public transportation trains as well as buses till state borders for labourers to reach their respective States, the statement questions why Himachal has not done the same.
“The Himachal Government needs to understand that any coercive or apathetic measures in regard to forceful retention of these workers will only lead to psychological insecurities and loss of their trust in Himachal as a State”
read the statement.
The signatories in their appeal stated that it is the responsibility of the State government to ensure that the dignity, the constitutional and human rights of these migrant labourers are protected and respected.
Following Are the Demands Made Through This Appeal:
- Himachal government needs to coordinate with other state governments and urgently facilitate movement of migrant labourers stuck in Baddi-Barotiwala-Nalagarh Industrial area.
- Public transportation by bus for the evacuation up till the state borders needs to be arranged by the state government free of cost.
- Up until then a mechanism of ensuring that relief rations with regular follow-ups are provided to the families of stranded migrant workers without having to make repeated demands needs to be put in place.
- The status update of these arrangements should be released in public domain through the media and regular press releases so that people have all information and clarity is established.
- We condemn the suppression of freedom of press through the FIRs on media persons reporting on issues of migrant workers and demand that these charges be dropped immediately.
- The suspension and dilution of labour laws along with the provision of extension of working hours for adult workers from 8 hours to 12 hours be immediately withdrawn.
List State and National Signatories
Himachal Pradesh Organizations
- All India Trade Union Congress (AITUC)
- Bharat Gyan Vigyan Samiti
- Centre of Indian Trade Unions (CITU)
- Citizens’ Rights Forum, Kangra
- Communist Party of India, Himachal Pradesh
- Himalayan Students Ensemble (HSE)
- Himdhara Environment Collective
- Jagori Grameen
- Mountain Women Rights Forum
- People’s Action for People in Need (PAPN)
- People’s Campaign for Socio-Economic Equity
Uttar Pradesh Organizations
- Sangatin Kisan Majdoor Sangathan (SKMS)
- MNREGA Majdoor Union
- Purvanchal Kisan Union
- Mahila Yuva Adhikar Manch
- Rihai Manch
- National Alliance of People’s Movements, UP
- Stranded Workers Action Network (SWAN)
- National Alliance of People’s Movements (NAPM)
- Mazdoor Kisan Shakti Sangathan (MKSS), Rajasthan
- National Federation of Indian Women (NFIW)
- Socialist Party of India
- Jan Jagran Shakti Sangathan (JJSS), Bihar
- Pennurimay Iyakkam, Madurai, Tamilnadu
- National Platform for Small Scale Fish Workers (Inland) [NPSSFW(I)], West Bengal
- Andhra Pradesh Vyavasaya Vruthidarula Union (APVVU)
- Kosi Navnirman Manch, Bihar
- Telangana Vyavasaya Vruttidarula Union
- Sanyukt Trade Union, Pithampur, Madhya Pradesh
- COVID Action Support Team (COAST)
- Khudai Khidmatgar
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