Connect with us
cannabis legalization in himachal Pradesh cannabis legalization in himachal Pradesh

HW Community

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

Published

on

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.

 

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.

HW Community

Video: People of this village in Shimla repairing road, cleaning drains despite paying taxes

Published

on

Badhai village of shimla district

Shimla: The Himachal Pradesh Public Works Department has been working on a new initiative under the previous and current government of the State. The department is encouraging people to repair roads and clean rainwater drains at their own level and expenses. For its pilot project, HP PWD had selected Bhadai village located in vicinity to the Shimla city and near one of the most popular temples in Shimla – Sankat Mochan.

In fact, the villagers in the village in were recently seen repairing the link road that connects them to the National Highway-5 ( Shimla-Chandigarh). Leaving aside their jobs, shops, household work, and most of all, despite paying taxes to the government, these villagers are themselves repairing the road and cleaning the drains. What could inculcate such a spirit in them? The villagers have explained it aptly in the video below:

They were motivated by the callousness of the Himachal Pradesh Public Works Department and the contractors.

Among these three parties, the people of the villages linked to this road are suffering most. The villagers don’t even remember how many times they have approached the department and panchayat with their grievance.

Poor roads in shimla

The condition of the road is so poor that now the cases of damage to vehicles and tyre bursts are being reported by the villagers. Minor accidents have become a common affair. The wait for major accidents is still on.

tyre burst due to poor road

Tyre burst due to poor road conditions

This road bifurcates at the entrance of the popular Sankat Mochan temple. As per the villagers, the road is in tatters since 2014, as it wasn’t attended even once during this period. In 2014, Himachal Watcher, as well as other some dailies, had also carried the news regarding the grievance of the villagers.

The tender was also awarded in 2014, but the contractor never showed up.

The villagers said they had hoped that things would change in the HP PWD with the formation of a new government with a fresh leader at the Chief Ministerial post. To their demise, the callousness is only growing in the department despite the fact that the Chief Minister Jai Ram Thakur himself holds the charge of HPPWD.

On the other hand, the PWD has been washing its hands off by putting the entire blame on contractors. Currently, the department and the contractor have the ‘rainy season’ as a reason to cite for not initiating the work on the road.

However, the contractor can do some soling to fix major potholes, which could have provided partial relief to the people.

The impact of the claims made by the current government regarding the achievement of new milestones in the development of the state is not visible on the ground level. Otherwise, how difficult is it to repair a patch of the road that hardly exceeds 1 kilometre in length?

If the same attitude of the state government continued then the same initiative could be extended to more villages of the state in future.

Continue Reading

HW Community

HP High Court’s gift to daughters of freedom fighters on Independence Day

Published

on

HP High Court on Wards of Freedom Fighters in Himachal PRadesh

Shimla: The State High Court of Himachal Pradesh on August 14, 2018, struck down a 1984 policy of the State, which discriminated against the married women. The policy did not consider the married women at par with the married sons and specifically excluded them from reservation being provided to “wards of freedom fighters” category in Govt. Jobs in the state of H.P.

The occasion is apt to echo the four decade old illuminating words of one of the greatest Judges of our Apex Court, Hon’ble J. Krishna Iyer where he said:

If a married man has a right, a married woman, other thing being equal, stands on no worse footing. This misogynous posture is a hangover of the masculine culture of manacling the weaker sex forgetting how our struggle for national freedom was also a battle against woman’s thraldom.

In the year 1984, it was decided by the state of H.P that 2% reservation in services be provided to the children/grandchildren of freedom fighters belonging to the State of H.P. in direct recruitment to all services/posts i.e. Class-I to IV including all Public Sector Undertakings/ Boards/Corporations. As per Scheme, the benefit of the reservation was applicable in respect of sons/grandsons, daughters/ granddaughters of Freedom Fighters. The married daughters/ granddaughters of Freedom Fighters were excluded from the scheme.

The issue of this exclusion was taken up and judicially reviewed by the bench of Hon’ble J.Sanjay Karol and J. Sandeep Sharma on a petition by Letter petitioners Ms Rekha Sharma and Ms Geeta Sharma, daughters of late Shri Het Ram Sharma (a Freedom Fighter).

The court appointed Advocate Deven Khanna as Amicus Curie who made submissions on behalf of the married daughters of freedom fighters (petitioners).

The stand of the state as reflected from the affidavit filed in 2017 was that;

So far as the question regarding giving reservation quota to the married Daughters/ granddaughters of Freedom Fighters is concerned, it is submitted that status of a married woman has to be construed in consonance with the general understanding of the word family as well as a status of married woman in the society. After marriage, a married woman loses the status of being a member of the parent’s family.

On an Affidavit dated October 10, 2017, filed by the Deputy Secretary (GAD) in the Court it was stated:

According to common knowledge and general understanding, the married daughter does not constitute to be a part of the family in its real sense. A daughter of a freedom fighter after her marriage, gets herself transplanted into the family of her husband and cannot, therefore, be claimed to be a part of the family in its real sense of the freedom fighter her father at least for anything relating to her children.

The State effectually took a stand that after solemnization of marriage; daughter severs her relationship with her parental family, for she gets “transplanted” into the family of her husband, and as such, cannot claim herself to be part of family of a Freedom Fighter.

It was argued on behalf of Married daughters (petitioners) that exclusion of a married daughter is plainly an act of hostile discrimination which is violative of the fundamental right guaranteed under Articles 14 and 15 of the Constitution. The condition which has been imposed by the State does not prescribe financial dependence and does not exclude married men.

It was argued that the contrary the purpose here is to give benefit to the family of freedom fighter for their services, family here includes married daughter as much as married son,if we look at the classification made by the state between a married man and married daughter, it does not bear any connection with the object of the policy which seeks the benefit of the family members, hence this violates the basic rights.

It was stated that Discrimination law now sees as its focus the redressal of structural and institutional conditions, that have been historically responsible for subordination on the basis of gender roles. Gender roles here being married daughter considered dependent on her husbands family and losing her identity as it was prior to marriage.

It was further submitted by the amicus that discriminatory treatment, in this case, causes substantive disadvantage to women on grounds of their sex in public employment which is violative of article 16.

It was stated by the amicus:

It is the duty of the State to “not perform” an act which would discriminate on grounds of sex., there is also a positive obligation on the State to perform an act which would remove such existent discriminations.

The Court discussed a Plethora of judgments which had carved out a landscape of principles against gender discrimination in recent years.

Finally, the court struck down the policy to the extent it discriminates against married women and was contrary to the constitution.

The Court speaking through Hon’ble J. Karol came down heavily on the line of defence adopted by the state while striking down the unconstitutional part of the policy, the court held:

“******We find the stand adopted by the State to be absolutely archaic and disappointing..
::…..We notice that, under the instant Policy, the object and purpose of providing reservation is to confer the benefit upon the wards of the Freedom Fighters. Stand taken by the State that daughter gets transplanted into the family of her husband, in view of what the Hon’ble Supreme Court has observed, noticed by us supra, is not in tune with the changing times. The primary object and purpose of the Policy is not to confer benefits only on the male members of the Freedom Fighters. It is to acknowledge the sacrifices made by the Freedom Fighters, by giving employment to their wards.

….The primary object to provide employment to wards of freedom fighters is to recognize the outstanding services rendered by them to the Nation during the struggle for Independence and thus their wards are given benefit towards employment by making reservation to them under the category of “Wards of Freedom Fighters”. In our considered view, Daughters and Granddaughters, even if married, would be eligible for public employment.

…The action of the respondents by not giving reservation to married women and not allotting them Wards of Freedom Fighter Certificate, is illegal and arbitrary and an example of colorable exercise of power, for marriage does not have and should not have a proximate nexus with identity. The identity of a woman, as a woman continues to subsist even after and notwithstanding her marital relationship.

The time has, therefore, come for the Court to affirmatively emphasise that it is not open to the State, if it has to act in conformity with the fundamental principles of equality which are embodied in Articles 14 and 15 of the Constitution, to discriminate against married daughters by depriving them of the benefit of the reservation, which is made available to a son irrespective of his marital status.”*******(excerpt is from the judgement in CWPIL 114 of 2018)

The Court also took note of the fact that the policy was an old policy, passed before the guarantees of sex equality under Articles 14 and 15 had an adequate expansion through various judgements of the apex court. The Court also referred to conflicting opinions passed by its previous benches.

The present case strengthens the fight for equality and strikes at the Differential treatment of men and women on the basis of presumed “gender roles” between the sexes, it exposes that discrimination results from conscious, chauvinistic Mindset and sometimes a product of social, economic, and cultural structures and institutions that create “patterns of exclusion”.

This significantly advances Indian sex discrimination jurisprudence, not only because of what the Court held i.e “that the policy discriminates against married women”, but also because how it was expressed, Justice Karol commenting on the stand of the state observed:

It is certainly not in tune with the changing times. In fact, it is out of sync with the constitutional values and principles. The predominant mindset of male chauvinism is all-pervading.

The language here is highlighting the impact of discrimination, because such practices end up reproducing existing social inequalities and hierarchies, and are the cause of stereotyping a particular gender into set roles. The need is to change the mindset and spread the constitutional morality of equality and freedom, to counter the chauvinism prevalent in the society at large and to provide a level playing field for all to prosper.

The case is a victory for women rights movement and an example of the justice system coming to the rescue of fundamental rights, against, biased and prejudicial laws which have a legacy of discrimination and are nursed by misogynistic mindsets of our society.

Continue Reading

HW Community

Misconceptions keep Himachal from making fortune on ‘green gold’ and eradicate charas mafia

Published

on

By

Shimla: Owing to the unawareness and lack of education regarding the difference between hemp and recreational cannabis and the political link between the two, Himachal Pradesh Government is missing a big opportunity to cash on it. Hemp cultivation has become green gold in countries like China and the United States of America. The best part is that its biodegradable, thus, eco-friendly.

At the same time, while sitting on this mine of green gold, the Hill State is facing the wrath of charas/drug mafia due to illegal cultivation in rural areas where people have bleak opportunities of alternative employment.

The public, as well as the government, are under the false impression that legalizing cultivation would make things worse, especially for the youth. The article discusses facts relating to this misconception created due to the negative image of the plant. But before that, let us take a look at the booming industry of hemp.

Overview of the booming global hemp market

As of 2017, around 36 countries were growing industrial hemp in accordance with rules and regulations of their respective governments.

Hemp is endorsed in fibre market by big names like Adidas, Nike, Specialized Bicycle, MERIDA, TREK, Capo, Assos, Rapha, Marcello Bergamo, Castelli etc.

Hemp fibre accounted for 40.4% of the revenue in 2017 on account of high demand from the textile industry.

The global industrial hemp market is booming and expected to reach USD 10.6 billion by 2025, says a report by Grand View Research, Inc.

Hemp economy of US from 2012-2022

It’s generating billions in revenue and creating investment opportunities. China is the biggest producer as it claims 50 percent of the total supply to the global market. China’s hemp industry is all set to grow into a US $14,66,49,10,000 fortune in just five years.

China is fetching US $1,500 per hectare which is higher than the common crops like corn. Its produce is mostly exported to US, Europe, Japan, Korea, Hong Kong, etc.

Shanxi Greenland Textile is the largest hemp fibre processor in China.

While Indian policymakers are neglecting it, about 606 patents have already come into existence, and China holds maximum 309 patents relating to hemp products.

In the US, Hemp Business Journal predicts industry growth of 700% to a value of 1.8 billion dollars by 2020 owing to hemp-derived CBD, food, personal care and industrial products

The total sales for the U.S. Hemp Industry in 2017 were $820 million.

hemp industry in 2017-18

Hemp is useless for charas mafia

When American farmers first begin to grow hemp as a legal crop, a large number of other people believed they were growing drugs or cannabis for smoking. This is the biggest misconception faced by the policymakers in India as well as in other nations.

Hemp is one of the varieties of Cannabis sativa, which cannot be used as a psychoactive substance to get high. In simple words, it would not get you high even if you try to do so by smoking it because it contains negligible amount (.3%) of the psychoactive substance Tetrahydrocannabinol (THC).

Difference between cannabis and hemp

This variety of cannabis family is different from what is being cultivated illegally in Himachal, which contains a much higher amount of THC.

Genetically modified seeds with low TCH content

The researchers are already working on developing genetically modified hybrid seeds which could deliver higher productivity with a negligible amount of THC. Similar efforts are being made in the neighbouring states of Uttarakhand and Jammu & Kashmir where the hemp cultivation has already been made legal. However, the stigma associated with cannabis family is holding back the hemp industry.

However, the misunderstanding due to the link of hemp to the cannabis family has resulted in several restrictions on hemp cultivation, processing, distribution, and consumption.

Himachal’s policymakers should not make a similar mistake and spoil the chances of socio-economic upliftment through this green gold.

Recreational cannabis can’t be grown under cover of hemp

Countries cultivating hemp has not faced any such problems because these two types of cannabis varieties can be distinguished easily. Also, the cultivation cycle is also different from the recreational cannabis. Moreover, the cultivation area, which is beyond government’s complete surveillance throughout the year, would automatically provide all details regarding the total area of cultivation with specific locations, total produce, and sale to manufactures.

Considering this, anyone who is given license to cultivate hemp legally after fulfilling all official formalities and conditions would deter from violating it by trying to cheat the authority.

Recognized and listed in the Essential Drugs List of AYUSH

The Essential Drugs List of Ayurveda Siddha Unani and Homeopathy (AYUSH) Department includes cannabis sativa as a medicine and the ancient literature of India as well China has a plethora of documented knowledge about the medicinal properties of the plant.

It is written in our Vedas that Cannabis (Vijaya) is one of the most sacred plants to grow on this land. Our Ayurvedic scriptures recognised and wrote about the miraculous medicinal properties of this plant almost 3,500 years ago.

Vijaya has been described under Upasiva Varga (Group of sub-poisonous plants) by certain texts related to Rasa Sastra.

Take a detailed look at a research titled “Exploring the pharmaco-clinical view on Bhanga (Cannabis sativa linn.): a classical unfamiliar portrayal Swagat”  by DilipTavhare and Rabinarayan Acharya  published in International Journal of Pharmaceutical & Biological in 2015:

A large number of such studies is available to testify in support of the aforesaid facts. 

A global cannabis market of billions of dollars is ready to make large investments in India with a potential of creating employment for approximately 2.8 million people.

The cultivators can earn approximately Rs, 40,000 per acre in 100 days. Further, India has a potential to export hemp and cannabis products worth $330 million, which could grow rapidly if the government could think in the right direction and open research facilities to study this plant. 

As per the Canadian Hemp Trade Alliance, in 2016, Canadian exports of hemp rose from $600,000 to $45 million and is expected to grow to $40 – $80 million by 2020.

Companies in the market are producing fibres that are water repellent, fire retardant, absorptive, and super soft. China was the first to carry out a research on hemp and use it in the military for uniforms and bulletproof jackets.

As a matter of fact, the hemp fibre is considered as one of the strongest material.  

Hemp is so strong and lightweight that the auto industry is using it for luxury car parts.

It also makes good construction material in homes, and researchers are of the opinion that hemp biodiesel could one day be used as clean fuel.

The market boom can be attributed to increasing awareness about hemp, thus, growing demand for hemp-based food products including cooking oil, dairy alternatives, flour, salad, and for bakery products such as bread and cookies

What does HP High Court say about hemp cultivation?

If the data provided in a Public Interest Litigation (PIL) filed in the State High Court by advocate Deven Khanna is considered, Himachal can kill several birds with one stone if it could bring the cultivation of hemp under legal framework for industrial and medicinal purposes.

A bench of Acting Chief Justice Sanjay Karol and Justice Sandeep Sharma, on July 19, after taking stock of the situation of the state in terms drug/substance use, had expressed worries about it saying the situation has reached an alarming level.

The Court has directed the government to take every possible measure including at the level of policymakers to eradicate this nuisance. Along with directions to law enforcement agencies, the court has also asked the government to consider cannabis cultivation for alternative purposes, especially medicinal.

Government may also consider hiring services of some research Agencies, who in turn may advise/recommend alternate use, especially medicinal use, if any, of cannabis plant grown in the State of Himachal Pradesh, so that local residents, involved in illegal trade of cannabis, are encouraged to use cannabis plants for producing some medicines or substances which can be used legally,

the court had stated in the order.

ND&PS Act has given powers to State Governments to legalise hemp cultivation.

On the top of these advantages including the positive response of the High Court, there is already a provision in the ND&PS act, which the government can use to allow hemp cultivation.

Section 14 of the ND&PS Act empowers the government to, by general or special order, permit cultivation of cannabis exclusively for horticultural and industrial purposes. It says that the Central Government shall encourage research and trials of cultivars of cannabis with low THC content. The Central Government shall, however, follow a cautious, evidence-based approach towards the cultivation of cannabis for horticultural and/ or industrial purposes and shall take decisions based on the result of researches.

The Section 10 of the Act when read with Section 8, empowers the state governments to licence cultivation of cannabis for medical and scientific purposes.

Hemp cultivation is very specific in terms of its requirement for the climatic conditions.

As the altitude and climatic conditions of the Hill State favour cultivation of cannabis, the plants could be found in almost every region from tribal areas to International tourist destinations like Kullu and Shimla.

This alternative can also eradicate charas/hashish mafia – one of the biggest concerns of Himachal.

Also, as the hemp has no natural enemies like animals, insects, pests etc, farmers do not need to worry about the damages worth hundreds of crores caused to their crops by wild animals or making expenditure on pesticides.

Himachal’s struggle to check drug/substance abuse nuisance

If we take a look at the current situation, in district Shimla only, the police have registered about 24 cases under the Narcotic Drugs & Psychotropic Substances (ND&PS) Act from July 1 to August 8, 2018. In July, about 70 percent of cases were registered against Heroin (Chitta) offenders other than Charas, opium, and other drugs.

However, in August, the Shimla Police seized a high quantity of Charas in two cases, which could be considered as significant achievements. On August 8, police allegedly nabbed three persons including a female with 8.143 kg of Charas, and the case was registered at the Police Station, Theog.

Earlier, on August 2, the police had got it hands on a person who was allegedly carrying 3.3 kg charas.

However, such a high number of cases under ND&PS also indicate a commercial level cultivation of cannabis illegally. Ironically, the government is spending on uprooting these crops.

As per the Director General of the Police, SR Mardi, 94.267 kg charas was recovered between April, May and June 2018.

As per the DGP’s affidavit submitted to the court,

In the year 2012, 282.370 Kgs. charas was recovered from Himachal, whereas in the year 2013, it increased to 314.962 Kgs. As per the ‘NCB’, 356.963 Kgs. charas was recovered in the year 2014.

In 2016, the amount of seized charas rose to 377.535 kgs and 134 kg charas in first seven months of 2017.

Replacing current cannabis variety with hemp could go a long way in checking this nuisance and the black market.

Need for crop diversification in Himachal 

Cannabis legalisation in Himachal PRadesh

Further, the climate change has affected Himachal’s common crops and fruit crops, especially apple. Amid such times, the policymakers need to work for diversification of cultivation of crops so that a supplementary income could be provided through the cultivation of Hemp in a rotational growing cycle along with major conventional crops.

It’s needless to say that hemp cultivation in addition to the common crops could assist it in achieving its target of doubling the income of farmers. 

Major challenges for the hemp industry in India

The major challenges that the hemp industry face in India are lack of precedence with regards to regulatory landscape, interlayered ministerial roles and responsibilities, regulatory void caused due to lack of independent and consolidated regulator, lack of standard material for research amongst academics and institutions, concurrent policy clarity with regards to forward-looking nature of the hemp industry.

The State High Court would be conducting next hearing in the petition filed regarding the legalisation of hemp cultivation in Himachal on August 14, 2018. The court had already directed the state government to make a call over the decision. The ball is in the government’s court.

Continue Reading

Trending