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Illegal construction in D’shala (Pics): Would stop salary if no action taken against erring officials, HC warns TCP Secretary

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Dharamshala: During the last hearing in a petition on July 6, 2018, the Himachal Pradesh High Court had expressed displeasure with the government departments for the way they are responding to directions passed by it regarding action on officials responsible for allowing illicit and illegal construction by violating various construction laws and environmental guidelines.

We may also observe that since the year 2015, no action, whatsoever, stands taken against any one of the concerned officer(s)/official(s), who allowed such unauthorised construction to come up at the first place,

a bench comprising Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel said during the hearing. 

Himachal Watcher also have some exclusive pictures and a video showing rampant damage to and felling of trees in the Dharamshala town due to alleged illegal construction activities despite court orders against the same.

The visuals show the apathy of the various government departments who are not discharging their duties but are still getting paid.

Ilegal tree felling in Dharamshala town 6

These photos were one of the evidence that exposed the deliberate damage illegal construction has caused to the trees in the town in broad daylight and resistance from concerned departments.

Ilegal tree felling in Dharamshala town

Pictures annexed with Local Commissioner’s report submitted to High Court

The pictures were taken by advocate Deven Khanna, who had visited the area under Municipal Corporation in April after the Court appointed him as the local commissioner.

Ilegal tree felling in Dharamshala town 5

The pictures show how unscientific and excess excavation of slopes was undertaken in such a manner that makes them vulnerable to damages and even felling during monsoon.

Watch Video

In fact, digging out soil beneath trees is deliberately used to fell trees, especially under the cover of monsoon rains. It was one of the revelations made in the local commissioner’s report submitted to the Court.

We have noticed, as is apparent from the report of the Local Commissioner, that private individuals are adopting different ways and means of ensuring that trees over their land, which are not only priceless but valuable from environmental point of view, are allowed to be felled/uprooted so as to make it appear that it is on account of natural calamity,

the bench observed.

It must be noted here that Dharamshala receives third highest rainfall in the entire country. The strategy is to fell trees by exposing their roots to the elements, then by digging out the land beneath them and waiting for the monsoons,

the local commissioner had specifically mentioned in his report submitted to the Court. 

The report had also mentioned that roads have been made in a very dangerous fashion. 

Two roads specifically were noticed (Maclodegunj to Dharamkot road and mountaineering institute road) where at least 500 to 1000 trees can be saved if restoration work is done immediately, said the report. 

Related Story: Did HP Govt finish Dharamshala’s ‘Core Area’ to facilitate illegal construction?

The remarks made during this hearing aptly confirmed unwillingness of the State government to take action against its erring officials irrespective of the ruling political party. 

Ilegal tree felling in Dharamshala town 4

The Court had pulled up the government for not taking action against erring officials posted during the time of illegal constructions in the town despite repeated directions.

Despite the Court having issued several directions, continuously since the year 2015, calling upon the authorities to check illicit and illegal felling of trees as also check unauthorised construction, there has been rampant, grave, unauthorised and illegal construction and felling of trees,

the bench observed.

Illegal tree felling in dharamshala

It is in 2018 that only after Court’s intervention such unauthorized structures are now being sealed and demolished, the bench further said. The government is not taking any action on its own.

Noticing absolute apathy on the part of the Government in taking action against any one of its officer/official, we do not hesitate to record that despite prodding, the Secretary, Town and Country Planning has not taken any action,

the bench observed.

We would not hesitate in expressing our displeasure on this count. In fact, we are of the view that salaries of all the persons who are supposed to monitor the construction activities, should be withheld, for they have failed to discharge their duties violators were endeavouring to procrastinate the proceeding pending before various authorities so as to obstruct and impede the enforcement of the orders passed by this Court,

the bench added.

As per Mr. Tara Singh Chauhan, standing Counsel, 70 individuals allegedly violating environmental laws were issued notices. This is in addition to the disconnection of water and electricity to 46 violators.

During a hearing on April 24, 2018, the Advocate General had told the court that despite directions passed by the court, the electricity of some of such consumers who had violated the law with impunity was not disconnected.

Related Story: Shocking video/photos expose Govt Officer’s lies about illegal slate mining in Dharamshala

The court also observed that it is only when the Court is passing orders, the officers/officials are taking action, rather reluctantly.

As the Court did not receive any explanation from concerned officials, the Court said it was in favour of stopping the release of their salaries.

We would have directed the salaries of such officer(s) / official(s) not to be released, but are persuaded by the learned Advocate General not to pass such orders,

the bench stated.

We clarify that if no such action is taken, we would not hesitate in stopping the salary of the concerned Secretary also,

the bench warned.

The bench has also directed the Director, Town and Country Planning and Commissioner, Municipal Corporation, Dharamshala, to submit the list of all the officers of the rank of Junior Engineer(s) and above, who were posted within the municipal limits of Dharamshala, since the year 2010, within two days alongwith their tenure and place of posting.

The Court has challenged the government’s disinterest in controlling corruption and sluggishness. The action of withholding their salaries would result in a reaction from the government. 

The next hearing is scheduled for July 30, 2018. 

Crucial Findings of Local Commissioner’s Report 

The local commissioner had suggested that at least 1,000 trees can easily be saved by putting iron meshes, stones and mud, or by putting retaining walls. The roots have to be covered and the spaces beneath the trees have to be immediately filled and supported.   

As an unfortunate fact, the report had stated that no attempt was being made to restore or protect the trees. 

Other points of the report:

  1. Permissions for felling of trees is not being accorded by tree authority/ tree committee after applying its mind to the situation, no attempt is being made to save the green trees, it was also noticed that the tree authority is not sitting every month as required by the statute.
  2. No tree has been numbered, in fact, the numbering of trees has not even begun, it seems like that the mandatory directions given in the famous forest case in the year 1996 have not been communicated or is being embarrassingly flouted by the forest department and municipalities of the state of Himachal Pradesh.
  3. No attempt is being made by the departments to include technology and use it as a tool to map out and number trees. With the help of satellite, mapping and numbering trees are quicker and one can get an approximation of the total number, same data can be corroborated with drone images to get a more accurate number.
  4. This task won’t ever be done by the forest guards as the area of Himachal is very huge with vast forest cover, this is the sole reason provided by the forest department for not numbering the trees since 1996 mandatory direction of T.N Godhaverman.
  5. That the Tree Authority shall ensure while granting permission to fell/cut trees that the applicant shall plant 10 other trees specifically “Tall Trees” of the same or other suitable species preferably on the same site or close to its vicinity within 60 days of the date when the tree is axed.
  6. The person/entity may also be asked to pay for the environmental damage (which can be the value of the wood + the loss of environment caused to the area), and such fund collected may directly be used by the “plant nurseries” in town for growing and maintaining “tall trees”.
  7. It is seen that, at present, the funds which are collected, are not directly used for restoring the area where felling took place. They are used for “reforestation activities” after a long process and such “reforestation activities” usually happen at some other place and not close to the vicinity of the damaged area.

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 9 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 the world around him in his DSLR lens.

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HP Govt Faces Backlash Over Fake Covid e-Passes Issued in the Name of Trump and Amitabh

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Fake e-covid pass himachal pradesh government

Shimla-Two fake COVID e-passes in the name of Donald Trump and Amitabh Bachchan for obtaining permission to enter Himachal Pradesh, which were approved by the state government, have raised questions over the validity of the registration process. The passes reportedly cited addresses of  Sector 17,Chandigarh, and had the same Aadhaar number and phone number. The vehicle is also registered in Chandigarh. 

The Himachal Pradesh Government has made it mandatory to obtain permission through Covid e-pass registration on its official web portal in order to enter the state. 

Pertinent to mention that the state government is already facing flak over flexible rules of corona curfew imposed in the state at a time when the fatality rate is spiking massively.

The state police, through its Twitter handle, confirmed receiving a complaint and has registered an FIR under relevant sections and the IT Act.  

The Covid e-pass software has been developed by the State Information Technology Department The purpose is to keep records, the department says. People desirous of entering the state are supposed to get the names and addresses registered in the software so that their travel history could be tracked and traced. However, the current incident of approval to fake passes has brought the system under the scanner.

After facing a backlash on social media from people and opposition, Urban Development and TCP Minister Suresh Bhardwaj, and Information and Technology Minister Dr. Ram Lal Markanda issued a statement today.

Without clarifying the cause, the statement said,

“State Government has allowed free movement to the State from other parts of the country with few conditions, but at the same time was also ensuring to maintain a proper record of those visiting the State.”

“It was unfortunate that some mischievous elements with ulterior motive and nefarious designs were furnishing fake names and addresses while applying for Covid e-pass which was unfortunate and uncalled for. Such cheap deeds  were not only unlawful and illegal but were also against the safety and security of the people,” the statement said.

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With Neighboring States Going to Curfew, Himachal’s Tourism Sector Again Comes to a Halt

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curfew in himachal pradesh

Shimla-Himachal Pradesh Government may not have imposed restrictions on tourist movement, but the industry is facing the heat of second wave of coronavirus pandemic, which has now reached an alarming level.  Alarmed by massive spike in new cases and fatalities, Delhi yesterday imposed a curfew for six days. 

Further, with neighboring states including Panjab and Haryana going into a lockdown-like situation with the imposition of weekend curfews, tourist influx in Himachal Pradesh has dropped drastically, hitting the tourism industry in Himachal Pradesh. Last weekend the hotels claimed the occupancy was almost zero. The hoteliers and other stakeholders said the current situation is similar to what they faced during the lockdowns last year. After lockdowns spoiled the peak tourist season of the last year, the industry is hardly in a position to take another blow, hoteliers said. 

Conditions in Himachal are no better. In 19 days of April month alone, the state has recorded over 14,000 cases and the infection has claimed 155 lives, which is a massive surge in a very short duration. The rates of the surge in new cases and fatalities have also been recorded to be much higher as compared to the previous year.

The state government on Monday said that all educational institutions of the State would remain close till May 1 2021, and faculty of schools, colleges and universities wouldn’t have to come to duty.

The State Government also decided to put a complete ban on transfers of field functional staff.

Right after getting a nod from the Centre, the state government had also postponed the board and UG examinations.  Further, the HP Board of School Education is reportedly mulling over promoting class 10 students.

Chief Minister on Monday also said that the government could take more decisions to contain the spread in the meeting to be held on April 22. Some media reports said that the state government has hinted at the imposition of a curfew. While interacting to media yesterday, Chief Minister had also said that there are no plans for a complete lockdown, but if the situation continues to worsen, a curfew can be imposed. The Chief Minister had been maintaining that a lockdown would be the last resort as it would hurt the tourist influx, thus, cause economic damages.  

However, if the businessmen and hoteliers are to be believed, currently keeping the state open for tourism is hardly providing any relief. Moreover, they are not able to differentiate between a curfew and lockdown. They have begun to seek relief from the state government.  

On the other hand, in case the state decides to impose a curfew, the situation would get quite difficult for the poor, especially migrant workers, daily wagers, and small street-side vendors too.  

Further, fear of the collapse of health infrastructure haunts the state as the government is still in the phase of passing directions to the officers to enhance the bed capacity in the hospitals.  As per the statement given by Chief Minister on Monday, the state is yet to take steps to ensure the proper availability of oxygen and staff.

“Steps would be taken to ensure the proper availability of oxygen and medical staff in the State.  Bed capacity would be enhanced in Nerchowk Medical College, IGMC Shimla, Zonal Hospital Dharamshala, Tanda Medical College, Sunder Nagar Hospital and various other hospitals. Health workers would be posted in appropriate number for the care of Covid-19 patients,” Chief Minister said.

Chief Minister is being condemned for not completing make-shifts hospitals during the lockdown period along with strengthening the health services the way the it was required.

With the re-notification of Shimla’s DDU hospital- one of the busiest in the state- as a dedicated COVID care hospital, the OPDs has been closed. With the ongoing surge in new cases, more hospitals are likely to be re-notification as dedicated COVID care hospitals, and regular OPDs would be closed for other daily patients.

Moreover, for setting bad examples for the people, all political parties and their leaders, including Chief Minister Jairam Thakur, had faced severe criticism over blatant violation of COVID-19 protocols during campaign rallies for the elections to the Municipal Corporations. As a result, the public is hardly taking the second wave seriously and lowering their guards against the infections, which is only worsening the situation.

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HP Govt’s Guidelines Formed in Defiance of GoI and Court Directions Leave Disabled Students Troubled

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HP Govt Guidelines for written examination for persons with disabilities

Shimla-The rights of the disabled aren’t only a human rights issue, but it is also a developmental issue. Yet, in India, this section of society is struggling to get into the mainstream and compelled to go to courts to fight for their rights, including equal access to education. Himachal Pradesh is no different when it comes to adopting a comprehensive approach and modern technology to level the field for these students. Display of sensitivity is limited to showing sympathy and feeling sad for persons with disabilities that undermines their potentials and individual capacities to excel in life.

Owing to erroneous attitude towards persons with disabilities, children trying to access education often face neglect from governments that makes their already hard lives harder.  

Very recently, such gross negligence and defiance of court orders on the part of the Department of Social Justice and Empowerment, HP Government, came to light after an autistic student of the first year at Government Degree College, Kandaghat, couldn’t take his exams because the current guidelines of the state government make it a mandatory condition that the qualification of his scribe should be one step below the qualification of the candidate taking the examination.

Contrary to these “Guidelines for conducting written examinations for the Persons With Benchmark Disabilities” Hon’ble High Court of Delhi in Aditya Narayan Tiwari Vs. Union of India (dated 4.12.18) has clearly directed the Ministry of Social Justice & Empowerment, Government of India, to not fix any qualification and age criteria for scribes until the examining body doesn’t have its own panel of scribes. Following these orders in the said case (a writ petition), and Union Minister of Social Justice and Empowerment and the University Grants Commission had sissued fresh notifications with special clarification on the criteria of qualification and age on January 6, 2019, and February 26, 2019, respectively.  

Moreover, the principal of the college was not clear on the guidelines.

The college told the father of the candidate, Mr Vishal Gupta, that it had forwarded the matter to the University for further clarification, which did not come as quickly as it was supposed to. Himachal Watcher also spoke to Mr Gupta.

“My son is suffering autism (60%) and recently got admitted to BA Part-1 course at Government Degree College Kandaghat, Solan. The previous principal was very co-operative and had allowed a scribe after consulting the University. But now, ahead of my son’s house exams, I was asked to visit the college. The college asked me to provide a copy of the guidelines. I told the Principal that the college was supposed to have these guidelines already,” he told Himachal Watcher (HW).

“The Principal told me that the exams of my son will be put on hold and would be considered only after receiving a copy of the guidelines from the University. While all other classmates are taking examinations, my son couldn’t take two exams which begin from March 13, 2021,” he further told HW.

“I don’t blame the college for this. This entire issue and inconvenience stem out of a grieve negligence on the part of the HP University as it did not circulate directions of the UGC in this regard to the colleges,” Mr Gupta said.  

However, when HW took up the issue with the University authority, it turned out the varsity was not at fault either. The varsity was yet to adopt the new guidelines issued by the Department of Social Justice and Empowerment in 2020, hence, previous guidelines (2013) were already applicable. Therefore, the varsity wasn’t supposed to issue any new notification. 

Mr Gupta contacted Ajai Shrivastava, Chairman of Umang Foundation (NGO) and Expert Member, HP State Advisory Board on Disability, HPU, and brought the matter to his attention.

It’s pertinent to mention that Mr Shrivastava had been fighting vigorously for the rights of the disabled in Himachal Pradesh, especially for their right to equal access to education at all levels for over a decade now. It was on his PIL that the State High Court had given a landmark judgement directing the Himachal Pradesh Government to provide free education to the students with disabilities up to the university level. 

Also Read: HP High Court’s landmark judgment brings huge relief to children with disabilities

The court had also enhanced the amount of their scholarship and awarded Rs. one lac to the Umang Foundation to be spent for the welfare of the disabled children.

Mr Shrivastava, on being contacted by Mr Gupta, immediately wrote to the Chief Minister requesting him to make the Social Justice and Empowerment Department to withdraw its guidelines which are illegal as these did not comply with the court decision and UGC notification. He also held a press conference at the Press Club, Shimla on March 14, 2021.

“Addl. Chief Secretary (SJ&E) to the Govt. of HP has issued and further circulated the “Guidelines for conducting written examinations for persons with benchmark Disabilities 2020” for implementation on 16th December 2020,” he wrote in the letter.

“In fact, the above-mentioned guidelines have been issued by the HP Govt. in violation of the orders of Hon’ble High Court of Delhi in Aditya Narayan Tiwari Vs. Union of India, dated 4.12.18. In this litigation, Ministry of Social Justice and empowerment, GOI; Ministry of Education, GOI, and UGC etc. were respondents,” he further wrote.

Mr Shrivastava clarified that the Ministry of Social Justice and Empowerment on dated 1.1.2019 issued an Office Memorandum for the “Compliance of orders of Hon’ble High Court of Delhi in the matter of Aditya Narayan Tiwari Vs. Union of India.”

He also clarified that the UGC dated 26.2.2019 wrote to all Registrars of Universities across the country for compliance with the order of the Hon’ble High Court for implementation. The Ministry of S.J. & E. and the UGC, both have reproduced the order of Hon’ble High Court of Delhi as under:

“Till the panel of scribes is formed if any examination is conducted by any of the departments wherein the petitioner and similarly situated persons appear in the exam. the guidelines dated 29.8.2018 shall not be applicable, however, the candidate shall appear in terms of guidelines dated 26.2.2013. ”

Mr Shrivastva further went on to say that it very unfortunate that despite the above, the Department of Social Justice and Empowerment, Himachal Pradesh ignored the directions of the Union Ministry of Social Justice and Empowerment and issued its guidelines.

“It’s gross negligence on the part of the state government. And, the Department of Higher Education whose examinations are governed by UGC through Himachal Pradesh University, has already implemented the said illegal guidelines. HP State, he said.

Further, he wrote that the Education Board has also implemented it.

Mr Shrivastva asked the Chief Minister to keep in view the directions of The Ministry of S.J. & E. and the UGC, withdraw these guidelines of the State Government issued on dated 16.12.2020 in the interest of justice to persons with benchmark disabilities.

However, the Chief Minister Office seems to have its priorities.

Currently, one of the topmost priority of the current government led by Chief Minister Jairam Thakur appears to be the preparation for the Swarnim Himachal” celebrations and Swarnim Himachal Rath Yatra. Chief Minister is personally looking into preparations and has even constituted a High Power Committee regarding preparation for the said celebration. As a matter of fact, yesterday, the Chief Minister held a review meeting for the same at Peterhof, Shimla. Another priority,  which huge billboards placed across the state indicate, is to advertise the “Swarnim Himachal” celebration.

The state of these students is a spoiler for the “Swarnim Himachal” celebration as it contradicts claims of achieving milestones in developmental works. 

It should be kept in mind that fighting their battle in courts for their rights wasn’t enough to make the state government attend to this section of students. Further, the deliberate contemptuous approach of the bureaucracy is also clearly visible.

Before jumping to some references to the government’s grieve world of neglect for the disabled, try to realize the sensitivity of the matter with comments provided by Deven Khanna, a practising advocate at the HP High Court.

“It is necessary that an explicit, unequivocal and comprehensive procedural mechanism are constituted for the benefit and betterment of disability rights. It is pertinent to fathom that human rights of those living with disability cannot be fought for and secured in a vacuum,” Deven says.

It is apparent that the issue of disability is linked with several other social, economic and political aspects including those of chronic poverty, gender inequality, mal-administration and political victimization. This must be eradicated to create the ‘disability right’ an actual reality. As far as planning and policy-making process about lives and complete recognition and implementation of the human rights of the disabled and other associated rights are concerned, there must be active inclusion of the disabled people in the same process, he says.

India, one of the first few signatories to the United Nations Convention on the Rights of Person with Disabilities, has not complied with the provisions of the same, he says.

The Constitution of India, under Article 41, imposes a duty on the State to generate necessary and effective provisions for securing the right to work, right to education, and to public assistance in cases of unemployment, old age, sickness and disablement.

Laws Relating to Disability:

  1. Constitution of India – Article 19, 21, 41 and 226
  2. The Rights of Persons with Disabilities Act, 2016.
  3. UNCRPD Article 9
  4. Rehabilitation Council of India Act, 1992
  5. The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, 1999
  6. Rights of Persons with Disabilities Act, 2016
  7. Mental Health Care Act, 2017

“The State must conduct a discussion of human rights for the persons with disabilities in-depth, so that benefit can be availed out of it. As human beings along with access to and realization of all fundamental and elementary rights, persons living with disabilities require a safe, secure, convenient, beneficial and accessible environment which respects their human dignity,” Devens adds.

Now, consider the following references:

In May 2016, Mr Shrivastava had highlighted how the government was violating orders of the High Court by not providing library facility to the blind and deaf students in the special school at Dhalli. Blind students needed digital library apart from Braille books.

Also Read: Despite HC orders, Himachal’s blind & deaf students denied hostel, library facility at special school Dhalli: NGO  

There was no science laboratory in the school. The dead line fixed by High Court to appoint new teachers had also expired on 3rd December 2015, he had alleged. 

Also Read: HPU’s Disabled Students Denied Reservation and Basic Facilities Despite Court Orders

The government had completely failed to implement the High Court orders that had given relief to the disabled children studying in special schools at Sundernagar and Dhalli, Shimla on the PIL filed by Ajai Srivastava.

Also Read: Despite High Court orders, disabled students in Himachal deprived of rights by Govt.

In September 2016, the Chief Commissioner for Persons with Disabilities (CCPD) from the Centre was visiting Himachal Pradesh to take stock of the status of facilities for disabled persons, Mr Shrivastava had alleged that the state government of portraying a misleading picture of the disability sector. He had submitted to the CCPD  alleging the government had not implemented the CCPD’s examination guidelines for the blind persons despite the High Court’s order on his PIL. He had apprised the CCPD that special school for blind and deaf girls at Sundernagar and a special school for boys at Dhalli, Shimla were poorly managed and lack basic amenities.

Also Read: Now HP Govt. misleading CCPD on disability issue after blatantly violating High Court orders

In a separate case, Indu Kumari, a poverty-stricken girl from the backward region of Chamba district, in her letter on July 21, 2017, told the Chief Justice that she completed her BA from Rajkiya Kanya Manha Vidyalaya College, Shimla.

However, she was denied admission in MA (Political Science) by HP University despite a provision of a five percent quota for disabled candidates under the Rights of Persons with Disabilities Act, 2016.

Not just Indu, but several other students were also told that the provisions of the new Act were not implemented in the university. These students had to return disappointed.

However, the High Court had come to the rescue of these students by considering the letter as a Public Interest Litigation (PIL).

In August 2017, as a tight slap on the face of Himachal Pradesh University and the State Government, the State High Court had asked them to explain reasons for not ensuring a five percent quota in higher education institutes for disabled students.

Also Read: HP High Court pulls up Govt & HPU over denial of 5% quota to disabled students

Earlier, the division bench comprising Justices Rajiv Sharma and Tarlok Singh Chauhan has passed a judgment on 4th June on the PIL filed by Umang Foundation (No. 30 / 2011). The bench had directed the Dr. YS Parmar University of Horticulture and Forestry (UHF) Solan, Himachal Pradesh University, Shimla and CSK Agriculture University, Palampur to provide free education to disabled children within a period of six weeks. But despite court orders, the UHF Nuani had denied doing so and Ajai Shrivastava had to write to the Registrar of Dr YS Parmar University of Horticulture and Forestry, warning that if the university does not provide free education as per the court’s order, a contempt petition will be filed.

Also Read: HP University of Horticulture & Forestry says no to disable students despite HC orders

In September 2017, the Disabled Student Association had alleged the Department of Social Justice and Empowerment of withholding scholarships of the thousands of disables studying at the government educational institutes.

When these students approached the Directorate of Scheduled Cast, OBC, and Minority Affairs; they were simply told that there was no budget for their scholarship. Pertinent to mention here that the majority of these disables belong to economically weaker sections of the society and come to the varsity from remote regions in hope of higher education.

Also Read: Thousands of Himachal’s disabled denied scholarship, No budget, says Govt: DSA

In October 2017, The Disabled Students Association (DSA) wrote to the Governor of Himachal Pradesh Acharya Devvrat and urged him to immediately demanding the implementation of reservation of seats in MPhil and PhD under the Rights of Persons with Disability Act, 2016. 

However, it did not bring any relief to them.

Also Read: HPU’s disabled students demand stay on M.Phil, Ph.D entrance exam results

Further, this indifference toward disabled students is apparent from the fact that the accessible library for the disabled students of Himachal Pradesh University was inaugurated by Chief Minister Jairam Thakur on July 22, 2019, didn’t have basic facilities like a washroom and students, especially visually impaired girls faced huge inconvenience. For a toilet, the Disabled Students and Youth Association (DSYA), Himachal Pradesh, had to submit a memorandum to the Governor and Chancellor, Bandaru Dattatreya, on December 13, 2019. 

It was not surprising that the Chief Minister inaugurated a library facility without basic facilities because it was merely a formality performed in response to an order of the State High Court passed in a PIL filed by a disabled student, Banita Rana, in 2014.

Also Read: HPU’s Disabled Students Denied Reservation and Basic Facilities Despite Court Orders

In March 2020, visually impaired and other disabled candidates, who were qualified for teaching posts, had to approach the Himachal Pradesh High Court complaining that the government is violating the Rights of Persons with Disabilities Act, 2017 by not implementing reservation to visually impaired and other disabled candidates, who are qualified for teaching posts, in schools, polytechnics and colleges.

Also Read: HP Govt Ignoring Rights of Disabled, No Reservation in Teaching Posts Despite Provision: DSYA

Considering the way disabled students were made to fight for their right to equal access to education and even the most basic facilities, previous and current governments laid more focus on their political interests than attending to the hardships of these children.  

Unfortunately, while the previous Congress Government failed these disabled children, the current BJP Government went one step ahead in making their lives harder by passing new Guidelines of its own in 2020 which contradicts court orders and directions of the Union Ministry of Social Justice and Empowerment.

Also Read: Extremity of HP Govt.’s corruption – Swallows share of deaf & blind students

The topmost priority, not only of the current government but also previous ones, is to ensure retention of power through politics than attending to very sensitive and urgent matters, like making education equally accessible to disabled children of the state.  

Regarding Court Orders in Writ Petitions Filed in 2013 and 2018 Over Availing Scribe for Written Examinations

On a Writ Petition filed in the Delhi High Court (Subhash Chandra Vashishth vs Institute of Chartered Accountants of India) in 2012, the Court in its judgement given on 11, 2013 had directed the Government of India “to abolish current restrictions/conditions imposed on scribes in terms of qualifications.”

Later, in Aditya Narayan Tiwari Vs. Union of India case dated 4.12.18,  the Delhi high court clarified on revised guidelines and made it clear that “Till the panel of scribes is formed if any examination is conducted by any of the departments wherein the petitioner and similarly situated persons appear in the exam. the guidelines dated 29.8.2018 shall not be applicable, however, the candidate shall appear in terms of guidelines dated 26.2.2013. ”

But no such panel was formed and the responsibility of availing scribe still lies on the candidate.  

Based on a notification issued from the Ministry of Social Justice and Welfare in January 2019, in February 2019 UGC issued a notification to all concerned Universities directing them to communicate the same to all colleges/institutes affiliated with it.

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