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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.

Environment

Himachal’s Snow Covered Area Has Decreased, Poses Big Threat to State Economy’s Lifelines: Report

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Himachal Pradesh's Snow Covered area decreasing

Shimla-The area under snow cover in Himachal Pradesh has declined by 18.5% according to a recent report published by State Centre on Climate Change (SCCC) and Space Application Center (ISRO) Ahmedabad. The report revealed this decreasing trend for the five major river basins in the State.

As the report points out, the high altitude regions of Himachal Pradesh receive precipitation mainly in the form of snow during the winter season. One-third of the geographical area of ​​the state is covered by a thick blanket of snow during the winter season. Rivers like Chenab, Beas, Parvati, Baspa, Spiti, Ravi, Sutlej and its tributaries flowing through Himachal are dependent on snowfall in winter. These rivers mainly feed into the Indus water system and a decline at this rate rings a death knell for water and also food security for millions of people from Himachal to Kashmir, the plains of Punjab, the food bowl of the country.

Using images and data received from satellites, the report states, that the winter precipitation was mapped in all the basins from October 2020 to May 2021 (a period of two years). The findings indicate that there has been an average decrease of 8.92 percent in Chenab basin, 18.54 percent in Beas basin, 23.16 percent in Ravi basin, 23.49 percent in Sutlej basin compared to last year. The ice covered area of ​​Chenab basin was 7154.11 sq km in 2019-20, which has come down to 6515.91 sq km in 2020-21. Similarly, Beas basin was reduced from 2457.68 to 2002.03 square kilometer, Ravi basin from 2108.13 square kilometer to 1619.82 square kilometer and Sutlej from 11823.1 square kilometer to 9045 square kilometers. Overall, the snow covered area was reduced from 23542 square kilometer to 19183 square kilometer in the entire Himachal.

basin wise snow cover in himachal pradesh

Figure Source: Hindustan Times

Sutlej Basin covers 45 per cent of the total geographical area of Himachal and it is the longest river of the state. It flows for around 320 kms here, passing through Lahaul and Spiti, Kinnaur, Shimla, Kullu, Mandi, Solan and Bilaspur districts, along its course. The above study shows that the maximum reduction in snow cover has occurred in the Sutlej basin. An area of ​​4359 square kilometers under snow cover has decreased for the whole state, of which more than half of the Sutlej Basin.

Just two years ago another study had indicated that more than half of glaciers in Sutlej Basin are set to vanish by 2050. Yet another study also showed that the Sutlej basin has the highest 562 number of glacial lakes. These lakes stand the risk of sudden outbursts, which then causes flash floods downstream as the valley has already experienced. So, while the crisis that is unfolding, be it deglaciation, lake formation or reduction in area under snow cover, it seems that the Sutlej river basin is more vulnerable to these changes.

Prakash Bhandari, an environmental researcher and activist and member of Himdhara Collective expressing his concern states that the situation in the Sutlej river basin is certainly indicative of a serious climate emergency and it is critical to look into the drivers of this both local and global.

“The Sutlej basin catchment is the largest and so the changes visible here are more significant. Many factors have worked together to create this crisis which should be studied closely. There is no doubt that global warming is contributing to these changes. But the local conditions also play a role in reducing or increasing its impact”, he says.

The upper reaches of the Sutlej Valley, especially areas like Kinnaur are geologically fragile, with sharp gradients and loose soil strata. Vegetation is in a very small area so the proneness to erosion. We have seen the catastrophic impacts of flashfloods and landslides over the last decade and a half, where crores worth of property has been damaged. This year saw a spate of landslides where lives were lost. “In such a sensitive and also strategically important area, changes in the landscape will have far reaching and irreversible impacts. More construction activities will lead to more deforestation, more erosion”.  

Construction of dams has been rampant in the Sutlej valley, a phenomena that started post independence and continues today. If all of the planned dams are built the Sutlej will be cho-a-cloc with more then 150, large and small projects. At the bottom of the valley in Bilaspur is the Bhakra Dam, built almost 6 decades ago, which has a size of 168 sq km and a storage capacity of 9.340 cubic km. Is. This is followed by the Kol Dam which extends for 42 km up to Sunni, which has a total storage capacity of 90 million cubic metres. Nathpa Jhakri Project which is 27.394 kms. is long. When a dam is built, a huge amount of water is stored. The debris of many villages, trees etc. also gets absorbed inside the dam. When water is stagnant, it receives heat from the Sun to form mist in the surrounding area by evaporation and simultaneously generates methane gas. The experience of the lake formed by the Kol dam at Tattapani in Mandi district shows that the area is experiencing heavy haze which was not there earlier.

“In the 30s and 40s, Shikari Devi and Kamrunag used to have snow on the peaks for about 6 months, which now could barely stop for only 2 months. The air route distance of Shikari Devi and Kamrunag is only 26 to 30 kms from Tattapani lake. At the same time, their distance is not much from the cement factories of Darlaghat, Sundernagar”, the elders in the area say. “Today, fog is prevalent and this has also made the area warmer”.

Due to the warming of the weather due to the clouds formed from the mist, the snow has started melting quickly. Apart from this the local crop patterns are affected. Post the 1990s, the Sutlej became a site for run of the river hydroelectric projects using extensive underground tunneling. This involves massive use of explosives for blasting through the mountains. Of the 23,000 MW worth of projects to be constructed in Himachal more than 10,000, a third are from this valley alone. Kinnaur continues to be a hydel powerhouse with 10 run of the river projects in progress and 30 more to be set up including two mega projects of 1500 MW and 1000 MW each. This paints a scary picture.

Interactive Sutlej River-Basin Map indicate Hydropower Station location

It is not just the hydro-electric dams but unplanned tourism and other development activities like mining, cement plants, road expansion and mindless construction across the high Himalayan regions have also add to the shift in local weather patterns, land use changes and thus the ecological crisis. But the reason why we should put the limelight on hydropower is that this is being pushed as “Green Energy”, in the name of climate change mitigation. As opposed to other forms of generating power, hydropower projects are said to cause lesser carbon emissions, which is why there has been a global push to shift to renewable resources. But the climate emergency in the Himalayas has put a question mark on ‘water’ as a renewable resource.

The question then arises that with all this data indicating a steady decline in river discharge and snow cover have our planners and policy makers not considered what will happen to these projects? Will they be able to generate the power they propose to? The people of Himalaya have to wake up to this wastage of public resources. Scarce funds should be diverted to better planning for securing local livelihoods by protecting the forest ecosystems and water sources for the future.

Author: Gagandeep Singh-From Himdhara (Environment Research and Action Collective)

Feature Images:  unsplash/@raimondklavins

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Himachal: Warnings of Delta Plus Virulence Fall on Deaf Ears, No Restriction on Visitors from Affected States  

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Shimla-Yesterday, the Centre government directed the state governments to take immediate measure in wake of the spread of more infectious Delta Plus variant.  As the Delta Plus variant is posing a threat of the third wave, the states were told to take steps like preventing crowds, increase testing, more focus on surveillance, contact tracing and put boosting vaccine coverage on a priority basis. Following it, Himachal Pradesh Government might have announced an alert over Delta plus variant, but there wasn’t any follow up on instructions passed by scientists and health experts to take strict restrictive measures ahead of the impending third wave. 

To make it worse, high rank officials and political leaders were seen flouting Covid-19 SOPs on several occasion, which sent wrong messages to the masses. The pictures and videos showing flouting of Covid appropriate behavior by Chief Minister Jairam Thakur and Directorial General of Police, Sanjay Kundu, alongwith other staff for Anupam Kher is the most recent to mention. A group photograph and video of the same were widely circulated on social media and invited huge criticism from the people.  

So far, the state has not reported any case of the Delta Plus variant. But the neighboring states – Punjab, Haryana, and Jammu & Kashmir – reported their first cases yesterday. This puts the boarding areas, like in Una district, at a higher risk. Chief Secretary to HP Government, Anil Khachi, yesterday said samples have been sent for genome sequencing. 

Despite repeated warnings of Delta plus variant (B.1.617.2.1.), Himachal Pradesh has thrown its borders open to all and lifted all restrictions for inter-state travel in just one go. From June 23 onwards, the state government removed the condition for registering on the e-pass portal for visitors intending to enter the state. In the Cabinet meeting held on June 22, 201, the government first decided that e-pass restrictions would be removed from July 1, but later it changed the decision and instead implemented it immediately.

This haphazard decision is said to have come under huge pressure from the hospitality industry – the worst-hit sector, leading to financial crisis and mass unemployment among its stakeholders. Related associations had been approaching Chief Minister Jairam Thakur with their pleas to provide relief, but mostly faced disappointment. The stakeholders say the state government didn’t provide any significant relief, which is making the survival of the industry difficult.

Also Read: Read Eight Reliefs That Himachal’s Devastated Tourism Industry Seeks from HP Govt  

Also, stakeholder of the industry, especially hoteliers, had been demanding the removal of restrictions and conditions on the entry of tourists to Himachal so that they could fetch the remaining peak tourist season.

With its inability to offer relief, the HP Government took the chance to waive off restrictions in a haste.

At the same time, the state government has decided to conduct offline examinations for the undergraduate classes starting from July. A section of the students had been condemning the HP government for scheduling exams without vaccinating students. Some student bodies had been asking the government as to why online classes were possible but not online exams. 

The state government also waived off restrictions on timings for the opening of markets/shops.

As scientists and health experts warn of the virulence of the new variant and with neighboring states already on alert after reporting cases of the new variant, the HP government hasn’t even mentioned any intention to at least put a check on the visitor from the states where cases of Delta Plus are being reported. Carrying an RT-PCR negative report for visitors from such states/cities would have been a wiser step. 

Officially, the state is on alert, but no measures have been announced to check the entry and spread of the variant into the state. The state government does speak of preparing for the anticipated third wave, but there is hardly any long-term preventive strategy. The Covid appropriate behavior is hard to adopt when markets and tourist places are crowded with visitors.

Why Delta Plus is a Big Concern

The World Health Organization (WHO) has labelled the Delta variant as ‘Variant of Concern’.

The Centre and scientific/medical institutes in India also agree with that Delta Plus as a variant of concern and could be the cause of impending third wave. Last Tuesday, based on the findings of INSACOG, the Union Health Ministry had alerted and advised Maharashtra, Kerala and Madhya Pradesh regarding the Delta Plus variant of COVID19.

INSACOG had warned that the Delta Plus variant has increased transmissibility, stronger binding to receptors of lung cells, potential reduction in monoclonal antibody response.

“Delta variant is more resistant to medication, treatment and vaccination. Therefore, people who have been vaccinated can still be affected by this variant and can go on to get a clinical illness, Archana Dhawan Bajaj, director, Nurture IVF, told a national English Daily.

“Neutralising antibodies against this variant post-vaccination seem to be nearly five times lower in people who have already been vaccinated than the other variants,” she said.

Further,  Dr Raman Gangakhedkar, ex-Head Scientist of Epidemiology and communicable diseases, ICMR, has also expressed concern over the reports that Delta Plus has reported pathophysiologic change and affecting different organs.  Dr Raman says that it could transfer from cell to cell and would more likely produce neurological symptoms as a common manifestation.

So far India has reported 51 cases of the Delta Plus variant.

Delta Plus variant is a variant of Delta with an additional mutation -B.1.617.2.1.

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Kullu Brawl: New Video Shows Farmers Expressing Discontent with CM Jairam Thakur-led Govt in Front of Union Minister

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Kullu-The Superintendent of Police, Gaurav Singh, 2013 batch IPS, and Chief Minister Jairam Thakur’s Security Personal, ASP Brijesh Sood, got into an ugly scuffle on June 23 and created an unruly situation. A verbal spat between the two officials of the HP Police led to slapping and kicking each other.

What’s humiliating for the state police department was the fact that this unwanted incident occurred on an occasion where the Chief Minister had come to the Airport to welcome a Union Minister – Nitin Gadkari.

Also Read: IPS Gaurav Singh and CM’s Security Personnel Exchange Slaps & Kicks, Video Goes Viral, Inquiry Ordered

The video has appeared on national news channels and the incident made headlines, raising question over the professionalism of the state police. This part of the entire episode, is getting more attention from the media. But a new video has emerged adding another layer to the controversy, as when Union Minister Nitin Gadkari stopped the car and got out to speak to people who were holding a banner of “Four-Lane Sangharsh Samiti” and BJP flags. It turned out, that these people were farmers, who have been affected by the four-lane project as their lands were acquired for it. These farmers allege that before coming into power, the Bharatiya Janata Party, in its election manifesto, had promised compensation four times the circle rate if elected to power. These farmers also allege that after coming to power, the government didn’t fulfil this promise that also included employment to affected youth. These aggrieved farmers say they have been raising their grievance for the last four years, but the government didn’t lend an ear. With these grievances, the farmers had come to see the Union Minister.

Gadkari’s visit has come right before the by-elections in the state. He is supposed to inaugurate and dedicate some projects during this visit. This visit was supposed to leave a positive impact. The video also shows that the farmers’ group did not create any obstruction to the convoy of the Union Minister, neither they create any ruckus. They just stood outside the Airport with banners and posters in their hands. This halt was not scheduled for Gadkari and the Chief Minister was caught off-guard.

The farmers told Gadkari all about their grievance and also alleged that Chief Minister and the Deputy Commissioner, Kullu, weren’t even ready to listen to them. To discuss the matter, there and then Gadkari called for the Chief Minister, who rushed towards the spot from his vehicle.

Watch What Happened When Gadkari Spoke to Agitating Farmers

In the video, the farmers can be heard telling the Union Minister that they are BJP supporters and workers. Later, they were also seen chanting “Jai Shri Ram” for the Union Minister. They can also be heard saying that despite their party being in power at both Centre and the State, there is no hearing. This added to the humiliation for the Chief Minister as the party supporters were not at all satisfied with him.

The video also shows the Chief Minister losing temper when the farmers repeatedly kept saying that they had been agitating for the last four years over the same grievance. He was seen swiftly turning towards farmers with a hostile gesture of warning. The farmers were heard retaliating to this gesture and saying “ Gussa to hame bhi aa rha hai Thakur sahb (we are also angry Mr Thakur)”.

At the same time, farmers expressed their gratitude towards the Union Minister for stopping the vehicle himself and attending them. “This is his (Gadkari) greatness that he saw us and bothered to listened to us,” a farmer later said while speaking to the media.

The situation put both politicians in contrast while dealing with the same situation related to the people’s grievance.

This video aptly explains why the Chief Minister and his security were annoyed with the local police for allowing people to stand outside the Airport. Though the local police was not responsible for the halt of Gadkari’s convoy, the Chief Minister’s security triggered arguments over it. This argument eventually led to one of the most shameful moments for the HP Police. An IPS slapping another police officer is hard to justify or defend, but taking into account the history of an IPS officer like Gaurav Singh, the question as to what exactly caused him to lose his temper to such an extent that he dared to slap the Chief Minister’s security personal on an occasion where the Union Minister was also present.

Also Read: Who is IPS Gaurav Singh, the Officer in News for Slapping CM Jairam’s Security Personnel

Now, as it’s a well-established fact that the 2014 and 2019 Lok Sabha elections were fought with Narendra Modi as the BJP’s face, and so were the state assembly polls of Himachal Pradesh in 2017. Owing to the media and the IT cells, the very name and face of PM Narendra Modi won a majority for BJP not only in Himachal but in other states too. Therefore, the situation couldn’t get any worse for a Chief Minister who is serving his first term when the slogan “ Hamara PM Kaise Ho, Gadkari Jaisa Ho” was raised by the people.

What message this entire episode would send to the BJP High Command about Chief Minister’s capacity to contain the distress amongst its own party supporters and handle the officers? This doesn’t end here. The opposition has alleged that this incident clearly proves that the Chief Minister doesn’t have a hold on his officers, as well as, party sympathizers, especially from the farming community. The opposition is citing the current incident as an example of BJP’s anti-farmer attitude. Pertinent to mention that the current Centre government is at loggerheads with farmers who had been protesting for nearly one year against the contentious farm laws passed in 2020.

Himachal Kisan Sabha also released a statement in which it alleged that the Chief Minister was desperate to ensure that the farmers do not get to speak to the Union Minister. Further, the results of the recently held elections to the four Municipal Corporations of Himachal Pradesh – Solan, Mandi, Palampur, and Dharamshala-have already dented Jairam Thakur’s term.

Ahead of the by-polls in the state, the factionalism in the party is already a challenge for Thakur.

Last but not the least, the treatment given to bureaucrats and IPS officers by politicians which results in such ugly, unruly situations like these has also become a topic of debate.

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