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

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

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

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

Overview of the booming global hemp market

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

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

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

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

Hemp economy of US from 2012-2022

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

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

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

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

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

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

hemp industry in 2017-18

Hemp is useless for charas mafia

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

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

Difference between cannabis and hemp

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

Genetically modified seeds with low TCH content

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

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

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

Recreational cannabis can’t be grown under cover of hemp

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

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

Recognized and listed in the Essential Drugs List of AYUSH

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

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

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

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

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

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

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

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

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

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

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

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

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

What does HP High Court say about hemp cultivation?

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

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

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

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

the court had stated in the order.

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

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

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

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

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

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

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

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

Himachal’s struggle to check drug/substance abuse nuisance

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

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

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

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

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

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

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

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

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

Need for crop diversification in Himachal 

Cannabis legalisation in Himachal PRadesh

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

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

Major challenges for the hemp industry in India

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

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

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 7 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture world around him in his DSLR lens.

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Marriage Between a Male And a Transwoman is a Valid Marriage

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Transgender marriage Valid in India says Cout

There are times when one feels proud to be a part of the legal profession, one such moment has come due to a recent judgment passed by a bench of the Madras High Court. The judgement was authored by J. G.R Swaminathan.

The High Court has recognized the marriage between a male and a transwoman. It has held that when both the partners are professing Hindu religion then the marriage is to be recognized under Section 5 of the Hindu marriage Act 1955, like any other Hindu marriage.

Though a path-breaking judgment, the Hon’ble Judges were humble enough to state that;

“By holding so, this court is not breaking any new ground. It is merely stating the obvious. Sometimes to see the obvious, one needs not only physical version in the eye but also love in the heart”

It so happened that Shri Arun Kumar got married to Miss Sarija in a temple as per Hindu rites and customs. The temples authorities though permitted the performance of marriage, but they declined to vouch for it or issue a certificate in this regard. When the parties approached the Government authorities for registration of marriage, the Authority also refused.

When the couple approached the High Court it was argued by the State Govt. that a ‘bride’ can only refer to ‘a woman on her wedding day’. Further they argued that the temple had rightly rejected the certificate as the bride wasn’t a ‘woman’.

The Court would have none of it. The court referred to the judgment on transgender rights in NALSA case and stated that the transgender person’s right to decide their self-identified gender has been upheld by the Apex Court already. The Court in the NALSA case noted that the existence of a third category outside the male/female binary has been recognized in the indigenous Hindu tradition from time immemorial.

Hon’ble High Court further stated that;

“Sex and gender are not one and the same. A persons’ sex is biologically determined at the time of birth. Not so in the case of gender. “

Transgender persons who are neither male/female fall within the expression person and hence are entitled to legal protection of laws.

The court also observed that often the state and its authorities either due to ignorance or otherwise, fail to recognize the identity of such persons or stop discrimination which they are made to face in the society. For too long transgender’s have been made to languish in the margins.

It said

“A person who is in the Third Category is entitled to remain beyond the duality of male/female or opt to identify oneself as male or female. It is entirely the choice of the individual concerned.”

The Court further directed the Tamil Nadu government to issue a Government Order to uphold the NALSA judgment and to “effectively ban sex reassignment surgeries on intersex infants and children.”

The Court also noted that the state should undertake awareness programmes to de-stigmatize the birth of intersex children.

“The parents must be encouraged to feel that the birth of an intersex child is not a matter of embarrassment or shame. It lies in the hands of the Government to launch a sustained awareness campaign in this regard.“

The stand of the court is applaudable and takes our commitment to the constitution further. The dignity of human life, one’s privacy, one’s right of a life partner is a basic part of an individual’s personal autonomy. This autonomy is guaranteed by the constitution, this autonomy is what we fought for in our freedom struggle. This autonomy cannot be made a plaything of the narrow-minded society, government, and political parties which come and go. The judiciary is the only institution which can be a custodian of this autonomy and a protector of the dignity of people in face of such societal, cultural and even governmental imposed discriminations.

A transwoman is a person and she enjoys equal rights. Her self-determination to find a partner and her expression to identify her gender as that of a woman is protected and is guaranteed the same recognition which is enjoyed by a male or a female (person) of the society.

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Group of Youth Try Cleaning Part of Shimla’s Jakhu Hill, Finds More Garbage Than Expected

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Trek A Tribe Cleanliness Driver in Shimla

Shimla-Every year on April 15, Himachal Day is celebrated to mark the day when Himachal Pradesh, among other 30 princely states, came into being as a centrally administered territory. Since the inception of this state, the people throughout the world have admired Himachal Pradesh owing to its tall standing mountains, forests, nature, adventurous trekking trails and the peace and serenity it offers.

However, during the last decade, this love and admiration from tourists have turned into filth and carelessness. Rivers and forests alike have been polluted by broken beer bottles, single-use plastic cups, water bottles, wrappers of crisps and biscuit. Not only do they harm the soil, but also poses a threat to the lives of animals like cows and dogs, who consume littered plastic, causing them extreme physical ailments.

The menace of littering continues despite the claims of the civic bodies as well as the government of India that Swachh Bharat has almost eradicated this ill practice.

As an initiative Trek A Tribe, a tours and travels company, organized a cleanliness drive at Shimla on April 15, 2019 to celebrate Himachal Day. Total 18 youth participated in the cleanliness campaign. As per this team, the campaign began from Sheeshe Wali Kothi and was supposed to end at Jakhu Temple. But they had to abandon their plan of going till the top since the amount of waste was much more than these youth had expected.

Just the starting point consumed over four hours of their drive. We collected 35 bags of garbage at the starting point of their drive,

the team said.

Most of the trash is the plastic left behind by youth who come to the forest to drink and eat, causing harm to the environment,

the team said.

The end solution, however, does not lay in repetitive cleanliness drives, but in the conscious awareness of the people. They should be aware enough to not leave their trash behind, it said.  

These cleanliness drives, the team said, do help in cleaning the surroundings but they do not solve the purpose if the people keep littering the same place over and again. The team said that the purpose of its cleanliness drive was also to raise awareness among the people by initiating a dialogue towards the protection of the environment. This drive urged people to raise voice against plastic pollution and to lead their lives more consciously. They need a more aware lifestyle.

The Municipal Corporation, Shimla, provided transportation and disposal facility for the garbage collected by these youth.

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Now, Himachal’s Private Schools Warn Govt of Protest, Term Ongoing Inspections Wrongful

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Himachal's Private Schools Inspection Report

Shimla-Under immense pressure from parents, who have been protesting for last one and half month, private schools in Himachal Pradesh are finally undergoing inspections from April 9, 2019.  As per reports, the committees formed by the Directorate of Higher Education, H.P., inspected dozens of schools in Shimla and took records related to fees charged during last three years, salaries of staff, number of students, facilities, qualification of teachers, expenditure on school etc. into possession.

Though the Department did not comment about these schools officially, the inspected schools of Shimla included St. Edwards, DAV Lakkar Bazaar, Dayanand Public School, Auckland House, St. Thomas, Convent of Jesus and Mary, Secret Heart Dhalli, DAV Totu, Mount Shivalik in Jubbarhatti, Rising High etc. There are over 150 private schools running in Shimla.

Internal sources from some of these schools, on the condition of anonymity, told Himachal Watcher that committees are executing directions of the Directorate strictly. The officials are not soft on the management. It has created a stir among these schools.

By issuing a notification, on April 8, 2019, the Directorate had formed committees and had asked them to file a report of private schools running in District Headquarters by April 13. However, inspections still continue and the Directorate has not received reports of all schools yet. The report of schools in subdivisions and others is expected by April 22.

As per the student-parent forum, total 1472 private schools are currently running in the State. Further course of action would be decided only after the data of all schools is available, the Director Dr Amarjeet Kumar Sharma  had told media.

Similarly, at least six teams were constituted for inspection of over 180 private schools in Kullu district. Reports from Bilaspur said there are over 80 private schools in Bilaspur and 20 percent of them had not provided data that the Directorate had sought two months ago. It is expected that now these schools would be made to comply with the orders strictly.

It’s pertinent to mention that the Directorate had asked schools to submit various data related to their fee structure, annual hikes, audit reports, funds etc. However, a large number of schools had not responded to it. Moreover, the Government appeared reluctant to take action for this non-compliance. But now the pressure from protesting parents now compelled it to take action.

Private Schools Terms Govt Inspections Wrongful

Reports from Mandi said that managements of several private schools expressed their anguish over allegations labelled by the student-parent forum. In a meeting with authorities of the Education Department, they claimed that annual fee hikes are not as high as alleged by the forum.  The schools said it’s absolutely wrong to term them as looters. Justifying annual hikes, they said that in order to provide facilities to students and to hike salaries of teachers every year, it becomes unavoidable to make hikes in school fees and funds.

Association of Private Schools in the State has submitted a memorandum to the Chief Minister and warned that they would stage a protest at the Directorate of Higher Education, Shimla, if these inspections weren’t stopped. 

The Association alleged that the government did not provide them with any aid despite fulfilling criteria of reserving 25 percent seats for poorer section of society.

The Association argued that the government’s interference in deciding fees of these schools is unwanted and wrongful as they do not receive any funds. They also argued that parents send their children to private schools willingly.

The Association asked that if the schools are not running as per the government rules, then how they obtain renewable every year. The Association termed this action as a haphazard response to the protest of the student-parent forum. 

Management or owners of these schools termed it a favor to the society to make quality education accessible to them through private institutes.

Schools Targeting, Mentally Harassing Children: Student-Parent Forum

On Friday, the forum alleged that a reputed private school based in Khalini of Shimla targeted children of those parents who had participated in the protest held on April 8.  The convener of the parents’ forum Vijender Mehra alleged that children complained to their parents that they were threatened in the classroom. The forum demands that action should be taken against this school under the Protection of Child Rights (CPCR) Act 2005.  Also, it violates rights and protections given to children under Article 39(f) of the Constitution.

 Mehra, who had been leading back-to-back protests against various schools and the Education Department, terms it a victory of the parents who came together to protest. He expects that now parents would receive some relief.

The forum is demanding that the Department should ensure solid action at the ground level.  The forum has warned of more protests if the government tried to manipulate the situation to protect private schools.

Enrolling children to private schools is a huge financial burden on parents.  Deteriorating quality of education being provided in government schools has facilitated the monopoly of private schools. The people do not trust government schools when it comes to education and the future of their children. The government’s will to improve academic standards in public schools is absent. At the same time, the government had been avoiding regulation of private institutes in the State.

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