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Yug Murder Case Conviction: Is this crime rare enough to invite death penalty?

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yug murder case judgement

Shimla: The Supreme Court of India, in a decision in Machhi Singh vs State of Punjab case in 1983, had coined the term “rarest of the rare.”

As per Justice MP Thakkar, rarest of the rare case means,

When the collective conscience of the community is so shocked that it will expect the holders of the judicial power center to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining the death penalty.

Further, the deciding factors included the manner of commission of murder.

When the murder is committed in an extremely brutal, grotesque, diabolical. revolting, or dastardly manner so as to arouse the intense and extreme indignation of the community,

the Apex court had stated.

There are several other guidelines including consideration of aggravating and mitigating factors. However, there has been a long contradiction between the advocates of capital punishment and human rights activists all over the world. 

One of the arguments against the death penalty states that the courts can not give birth to a human hence it doesn’t have the right to take life. The debate also considers the deterrent effect of awarding death penalty on offenders in making. Does it deter people from committing crimes?  

In India, this debate holds more value as the rarest of rare cases are no more rare. The crime rate, especially crime against women is only rising. In 2012, the  gangrape and brutal murder of Nirbhaya in the national capital had sounded the alarm. The accused were given death sentence but the question is whether it deterred criminals or not. 

In Himachal, the debate was again sparked on August 6, 2018, as the district and session judge, Virender Singh found all three accused guilty of abducting and murdering Yug Gupta, a 4-years-old boy, in June 2014. However, the court did not announce the sentence, which is likely to be decided on August 13 – the next date scheduled for the sentencing hearing.

These three convicts include Tejinder Singh (29), Chander Sharma (26), and Vikrant Bakshi (22).

The parents of the murdered boy have been grieving since his abduction on June 14, 2014, from their home in Ram Bazaar, Shimla. Their pain was aggravated by the failure of Shimla Police in solving the case after an investigation of several months. The case was then handed over to the Criminal Investigation Department (CID) of Himachal Pradesh.

Their grief knew no bounds when the CID team recovered parts of Yug’s skeletal from a water tank on August 22, 2016, after a long investigation.

Related Story: Skeleton of missing Shimla kid recovered after 2 years from MC water tank near Bharari

It turned out that said three youth, with an intention to extract a ransom from his family, had abducted Yug. The mastermind Chander was a neighbour of the victim’s family.

Does the crime attract capital punishment?

As per the Supreme Court’s directions in the 1983 Machhi Singh case,
The capital punishment can be imparted in cases

When the victim of murder is an innocent child who could not have or has not provided even an excuse, much less a provocation, for murder.

This criterion also included women or a person rendered helpless by old age or infirmity.

The crime committed in the case of Yug Gupta involve a 4-years-old child who, as per the investigation, was made to live in inhuman conditions after the abduction. The convicts had rented an apartment located at an isolated location near Ram Chandra Chowk. For a week, the child was kept naked in a bed-box, starved, and was made to consume alcohol forcefully to keep him in a sedated state and prevent him from making any noise.

Related Story: Yug Murder Case: Possible torture to death, drowned alive, suggests initial investigation, protest erupts in Shimla

After a week of abduction on June 14, the convicts tied him to a stone with a rope and threw him into a Shimla Municipal Corporation’s water supply tank in Kelston on June 21. Yug was alive when he was thrown into the tank.

The convicts had not asked for ransom until June 27 when the parents received a letter demanding a ransom of Rs. 3.6 crores. However, they had already murdered Yug a week ago.

The recovery of the skeletal remains had sent waves of shock across the state, which was followed by public protests demanding a death penalty for the three convicts.  The Bar Association had also decided to not to take up the case of any of the accused. The case was first-of-its-kind in Himachal Pradesh – a considerably peaceful place as compared to rest of the States.

Everyone found it inconceivable to give an innocent child such horrible death. The convicts were even thrashed by an enraged mob while they were being taken to the court. 

The CID had filed a charge-sheet against the accused on October 25, 2016.

The charge-sheet also included ten reports attached with it.  Two of the reports were that of DNA test conducted to match remains of Yug parents and another report prooving that Yug was alive when the convicts dumped him in the Kelston tank.

About 114 persons are mentioned as the witnesses and statements of over 100 persons have been recorded. All the three accused were booked under sections 302, 201, 342, 364 A and 120 B of the IPC.

The case had indeed shocked the community and it did involve a helpless, innocent child, but it is to be seen whether it qualifies as a rarest of the rare case or not.

In brief, the rarest of the rare crime should consider:

  1. Manner of commission of murder
  2. Motive for commission of murder
  3. Anti-social or socially abhorrent nature of the crime
  4. Magnitude of crime
  5. Personality of victim of murder

Further, in September 2013, a bench of justices S J Mukhopadhaya and Kurian Joseph, while turning a sentence of the death penalty to a man accused of multiple murders into life imprisonment, had noted that the life imprisonment is the rule and death penalty an exception and courts should also consider socio-economic before pronouncing sentence.

 Poverty, socio-economic, psychic compulsions, undeserved adversities in life are some of the mitigating factors which are also required to be considered, in addition to criteria laid down in its two landmark verdicts on the death penalty,  

the bench had stated adding

We may note that the rule is life imprisonment for murder, and death is the exception for which special reasons are to be stated.

There seems to be no socio-economic compulsion in the case of the convicts in the Yug murder case that had compelled them to commit this crime.  The accused are also mentally sound. However, for the court, it would not be that easy to pronounce a death sentence.   

If a death penalty is awarded then, in accordance with the Section 354(3) of the Criminal Procedure Code (CrPC), the judge would have to cite special reasons for it. 

The family of the Yug has expressed full faith in the judiciary and expects that the court would pronounce nothing less than a death penalty for the brutal murder of Yug.

The recovery of the remains of Yug had also posed serious questions over the cleaning and security of the water supply tanks of the SMC as well as the Irrigation & Public Health Department. The case highlighted that these agencies were not taking any measures to secure these tanks as they were neither locked or monitored in any other way.

The SMC supplied water to the public from this tank for two years until the arrest of the convicts who led the CID team to the spot. The convicts had thrown Yug into the tank in 2014 and it remained inside it up to August 2016, which clearly exposed the lackadaisical approach of government departments towards the quality of drinking water supplied to the public.

The police had also registered an FIR at Sadar Police Station under provisions of Water (Prevention & Control of Pollution) Act 1974 on the basis of the CID’s report. The SMC was charged with a negligent act that could have led to spread of an epidemic or other infections lethal to human life. 

However, the then Mayor of Shimla, Sanjay Chauhan, had questioned CID’s investigations and had claimed that all remains of Yug’s skeleton were recovered from surroundings of the Keleston-based water tank, not from inside. He had alleged Congress and BJP of playing cheap politics over the death of an innocent child.

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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Himachal Pradesh: A Report on ‘Plight of Migrant Workers’ during the Lockdown & Need for Protection of their Rights

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Himachal pradesh - a report on migrant labourers during lockdown

Shimla-Poor people like migrant labourers and workers are nothing more than insects for the governments in India. The attitude of the government and its treatment of the poor workers, who had migrated to other states in search of livelihood, during the lockdown is a very clear evidence of it. What is more pathetic is the fact that that their plight remained invisible to the remaining public as mainstreamed media was being paid more by their political masters for diverting public attention from real issues to rubbish, spicy news. Our society is rotten to such an extent that public also preferred the rubbish served by the media over the bitter truth. Except for a small section of people including social activists, volunteers and non-profit-organizations actually worked to provide some relief like ration to the poor. Spare some time to go through a report on the plight of the migrant workers prepared by the Himachal Pradesh Workers Solidarity (HPWS) – a voluntary solidarity platform.

The first day of Lok Sabha’s monsoon session earlier this week saw MPs raising questions about the condition of Migrant Workers during the lockdown. The response of the Labour Minister that no data on migrant deaths for the period was available has drawn much flak. Additionally, no data on return of migrant workers was available for many states including Himachal Pradesh.

The issue of invisibilisation of migrant workers in a state like Himachal Pradesh has now been raised in a report, highlighting the impacts of the ongoing crisis on this community which contributes significantly to the state economy. Himachal Pradesh Workers Solidarity (HPWS) – a voluntary solidarity platform formed in April 2020, in its report, describes the havoc that a sudden, un- facilitated and unplanned national lockdown announced in response to the COVID19 pandemic six months ago had on the interstate migrant workers stranded in Himachal. HPWS ran a helpline during the period, provided assistance in accessing ration and other relief, travel to home states, through administrative coordination, registrations, and information dissemination etc.

Himachal, in the context of migration, is different from neighbouring Uttarakhand, where the rate of migration out of state is higher, whereas in Himachal the rate of in-migration is slightly higher than out-migration.

Gagandeep, a journalist based in Karsog and part of HPWS, elaborates,

“Post the decade of 1980 -90, expansion of industrial activities in the Shivalik hill region, multi-level infrastructure and development projects, growing local interests in horticulture, and cash crop farming alongside tourism-dependent economy made Himachal an emerging centre for in-migration.”

Today, workers from Uttar Pradesh, Bihar, Nepal, Uttarakhand, Jharkhand, Chhattisgarh, Rajasthan, and Kashmir constitute a large chunk of the migrant population in Himachal. Most of them are from Scheduled Caste, OBC, STs and minority communities. Difficult work areas and geography, insecure and unsafe living conditions, along with payment and other labour law violations, makes the situation even more difficult for them in mountain state like Himachal.

While the 2011 Census suggests that Himachal had approximately 3.10 lakhs migrant workers, this figure seems to be severely under-estimated due to lack of registration (under the Inter-State Workmen Act 1979), non-maintenance of data by State Labour Department and non-publication of all statistics of Census. The lack of data further worsened the pandemic crisis and impacted relief facilitation.

In response to the issues, the focus of the State was limited to distributing ration but ration alone was not enough for survival and sustenance. Ritika Thakur, another member of HPWS elaborates,

“Having some cash in hand was an urgent need to access gas cylinders, milk, medicines and other essential things like phone recharge, so that workers can at least call for support. Most of the people who contacted HPWS”, she adds, “had not been paid their wages and their savings had died out in payment of room rents and ration as loans and debts kept on piling up.”

Many migrant labourers complained about the interrogatory, apathetic and discriminatory attitude of the officials when they were called for ration support. Seeing no transport facility forthcoming, many workers were forced to walk back home on foot. When caught at borders they were put into quarantine centres forced to return or were left with no choice but to escape on foot.

“The online registration mechanism was completely inaccessible for workers and for weeks there was no response to registrations”,

according to Sukhdev Vishwapremi, a social activist and member of HPWS.

The first ‘shramik train’ ran as late as May 22, 2020.

“The government, meanwhile, allowed private bus operators to run on exorbitant prices,”

he adds.

Many workers were pushed to take loans or sell property/artefacts to be able to return home through these buses while 5000 HRTC buses remained standing in bus stands.

“The fact that the Central government shifted the burden of facilitating transport on the states without any significant co-ordination and clarity made matters worse, aided by lack of coordination and communication between nodal officers, both between Himachal and other states and within Himachal”,

Vishwapremi emphasized further.

According to the information shared by an officer from Himachal Pradesh Government (SDMA), 94,819 migrants had gone out from Himachal to various states of the country by June 23, 2020. As per the information received from SDMA under RTI, 14 shramik trains ferried around 13,183 people out of the state.

Himshi Singh from HPWS reminds, “more than 80% of the migrants took the road on their own expense in which the government merely provided e-passes for private transportation, and the number of people who walked on foot is not yet known.”

Adding further she remarks,

“It’s tragic that in the midst of this crisis, FIRs were registered against reporters who did stories on migrant worker’s condition and on the other hand no action was taken against fake news or media who communalised the issue leading to violence on minority communities like the migrant workers from Kashmir”.

The report highlights how Himachal was one of the 12 states who made major dilutions in labour laws in favour of companies and ‘ease of doing business’.

Almost five months have passed living with this epidemic and even as the success and failure of the lockdown are debated- the economy is falling in doldrums and our governments seem inconsistent and directionless. As per the estimate by ILO, 400 million informal workers in India will fall to critical levels of poverty than ever before- a situation that demands urgent cognizance, state accountability and a responsible approach.

In this regard, HPWS in this report has made the following recommendations for the State:

  1. Release in the public domain all the information about relief/support provided to migrant workers
  2. A joint task force be set to bring out a comprehensive report on the conditions and needs of migrant labourers in the state within 6 months
  3. Provide universal Access to Ration, Economic and other Relief Facilities
  4. Housing facilities for Migrant workers who have been living in Himachal and hostel facilities for seasonal labour
  5. Housing facilities for Migrant workers who have been living in Himachal and hostel facilities for  seasonal labour
  6. Compliance of SC/HC orders-setting up helpdesk/grievance redressal centres at Panchayat, Block, Tehsil  and District levels and conducting employment and skill-based survey of the migrant workers who have returned from other states
  7. Dilution in labour laws be withdrawn and all changes scrapped and strengthening the time-bound  ‘Grievance Redressal’ system and Labour Courts Mandate the registration of all migrant labourers working in the state under ISWMA 1979

HPWS will be submitting the report to various state and central agencies for further advocacy and hopes that the HP Government will take adequate measures to protect the interests of the migrant worker communities in the state.

Read Complete Report

Feature Photo: Sumit Mahar, Volunteer HPWS

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Amid Surge in COVID-19 Cases in Himachal, Speculation of Complete Lockdown Gains Momentum

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Himachal Pradesh Lockdown from August 1st speculations

Shimla-The number of COVID-19 cases is rising at an alarming rate in Himachal Pradesh as for the past five consecutive days, the state had been reporting nearly 100 cases per day. With Monday’s 95 new cases, the tally  for the state jumped to 2270. The number of active cases has crossed the 1000 mark to reach 1025 on Monday. So far, 1216 patients have recovered while 12 of them succumbed to COVID-19 infection.

Among Monday’s cases, Sirmaur district reported the highest 31 cases from Govindgarh (mohalla) locality in Nahan. Complete lockdown of two days was imposed in this area but the spurt in cases continues. Fifteen new cases were reported from Baddi and Parwanoo in Solan district while remaining cases were reported from Bilaspur (11), Mandi (10), Kangra (16), Shimla (5), Una (2), Hamirpur (1), and Chamba (3).

In Shimla, five family members of a policeman, who had tested positive a couple of days ago, also tested positive.

HP Health Department’s COVID-19 Bulletin July 27, 2020 (9PM)

himachal pradesh demand of lockdown amid surge in covid-19

Some leaders of the ruling party (BJP) continue to invite criticism for behaving irresponsibly. The government itself is not learning any lesson from the situation in Govindgarh- a hot spot where the outbreak was triggered due to a marriage ceremony.

On Monday, the opposition Congress filed a police complaint against three persons including a BJP leader for violating rules by roaming around and meeting a large number of people instead of placing themselves under home-quarantine. The opposition said that samples of these persons were taken after they showed symptoms of the COVID-19 infection. Still, these persons kept roaming around after giving samples. The opposition has also alleged a discrimination was seen in initiating legal action for violations of social distancing norms. In Spiti, hundreds of tribal women were booked for staging protest against Minister Ram Lal Markanda for not adhering to the resolution passed by the locals regarding mandatory quarantine for all including the residents of the district. Cases have been filed against the opposition Congress too for violating these norms during recent protests. 

Earlier, a leader from Mandi had introduced the coronavirus in Chief Minister’s office and the State secretariat and infected about two dozen of his contacts including the Advocate General and his family. The leader reportedly visited the IGMC, Shimla, State High Court and other offices.

Now, another ex-MLA from Nadaun and the Vice-Chairman, HRTC, was reported to have met several party workers and even attending an event as the chief guest. Vijay Agnihotri reportedly continued shopping, roaming around, and meeting people after giving a sample. Reportedly, he also attended a marriage ceremony. The district administration would now have a task to trace all his contacts.

At the sametime, the Congress was also seen disregarding the social distancing norms during their recent protests against the hike in bus fare.

Laxity in Organization of and Checking Gathering in Govt Events

While the state government has issued guidelines for attending funerals and marriages, there is hardly any seriousness when it comes to organizing government or the party events. The ‘havan’ organized in Shimla where hundreds of people had gathered and several party leaders including Chief Minister Jairam Thakur had visited it. The event had invited criticism as the Chief Minister and workers of BJP Mahila Morcha were seen disregarding every social distancing norm. 

An employee of HP University also tested positive recently. A few days prior to the confirmation of this case, an event was organized at the varsity on the occasion of the Foundation Day a large number of people including media persons were present.  

Amid such a sharp increase in cases, instead of being so lax, the government is supposed to prohibit any such gathering or at least issue guidelines regarding the maximum number of persons allowed to attend such events/functions.

Solan district where the total COVID-19 cases have reached 553 has begun to witness a shortage of health staff.  The BBN area is the worst hit and has reported about 80 percent of the total cases in Solan. According to a media report, there are only 10 doctors at the CHC at Nalagarh and six at the Civil hospital, Baddi. There are only 28 nurses.

Amid this panic, the public, especially from Shimla district has been suggesting the imposition of a lockdown and questioning the government over still keeping the border open for tourists. To make thing even worse, there are instances where people violated quarantine rules after their samples were taken or were not monitored properly. In Mandi district’s Bagsaid market, a person had opened his meat shop giving a sample. It was after the arrival of his report that the shop was closed. 

Further, the online opinion poll of the State Government inviting public opinion over the imposition of a complete lockdown in the state has led to speculations of a possible lockdown from August 1st.  The matter regarding a lockdown is expected to be taken up in the Cabinet meeting to be held on July 30. The public is confused and preparing to stock up ration/essentials or planning to leave for villages. Several readers have also been writing to Himachal Watcher to inquire about the possibility of imposition of a complete lockdown.  

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First Open for Tourism, Then Train Staff, HP Govt Goes Topsy Turvy

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Himachal pradesh CM jairam thakur on hotel staff training

Shimla- In the last week, the Himachal state government has taken decisions that could have a long-lasting impact on citizens without consulting or even informing all stakeholders.

First, it came out with guidelines for tourism that did not have any inputs from the tourism industry. Second, it decided to open the state for tourism without consulting hotel and travel industry or keeping village pradhans in the loop.Six days after the decision to allow tourist activity and opening State borders for tourists, the state government of HP has decided to train people employed with the industry.

“Online training for the Hospitality sector would also be held in wake of COVID-19. About 10,000 candidates would be provided one-day training on hygiene and sanitation procedures. Three weeks training on basic essential of a tourist guide communication skill etc. would be provided to about four hundred candidates,”

said Chief Minister Jairam Thakur in a review meeting with Tourism Industry officials on 8th July. It’s surprising that the Government did not find the time to either have this ‘1 day training’ program ready or train the staff of hotels and restaurants before throwing open state borders for tourists. The government gave no time to the hotel industry to understand, prepare and implement directions given in the issued SOPs.

Major Hotel Associations have already decided to keep hotels closed at least till September and  Village Pradhans have also refused to allow tourists into their jurisdiction. The Chief Minister said that the State Government is following the lead of states such as Uttarakhand, Rajasthan, Goa, Kerala etc. where the Governments have decided to open the State for tourists.

To enter Himachal Pradesh, tourists have to meet three conditions, a valid booking for at least five days, a COVID-19 test report from an Indian Council of Medical Research (ICMR) certified laboratory not older than 72 hours and their vehicle should have a sanitisation certificate.

About 600 tourists have already entered Kangra district. Police arrested a couple in Kangra district who managed to enter the State by furnishing a fake COVID-19 negative report.

“A case was registered at Damtal police station against a couple who entered HP from Bhadroya barrier based on fake COVID Negative test report. Legal action is being initiated against them for cheating, fraud & forgery. They are currently lodged in an institutional quarantine facility at Parour,”

SP, Kangra, Vimukt Ranjan, said confirming the report. In another case in Kullu, five tourists, who managed to enter the State and reach Bajaura barrier in Kullu, were detained for not carrying required documents. A total of 12 tourists have been allowed in to Kullu district after they met the three conditions needed for tourists.

According to Kullu district police, about 70 tourists from Punjab, Haryana, Chandigarh, Rajasthan, Telangana, Uttar Pradesh etc. were sent back for not fulfilling conditions prescribed by the State Government. Tourists who should be sent back for a lack of required documents and fulfilling conditions given in the SOPs issued by the State Government are able to cross barriers at borders, like Parwanoo and Swarghat.

Police manning barricades are also frontline staff who are at risk.

We have provided police who are manning the barricades with N95 masks, raincoats that will serve a double purpose for rain and COVID protection and long gloves, policemen over the age of 50 years and those with existing conditions are not deployed at barricades,

said DSP, Kullu, Priyank Gupta.

While the majority of the hospitality industry players, (which is worst hit by the loss of business), is against opening the State for tourism, there are some, especially those who have leased hotels and taken loans who want to open for tourism. However, until the state government takes steps to add healthcare facilities and make more dedicated COVID hospital wards especially in rural areas, large scale tourism could endanger locals.

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