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

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HP High Court on Wards of Freedom Fighters in Himachal PRadesh

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It was stated by the amicus:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Students Arrested, Stone Pelting Breakout in Himachal: Is Internal Tension Required?

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Kashmiri Students in Himachal Pradesh

Shimla– Two students of the Dr Y. S. Parmar University of Horticulture, Nauni, in Solan district, were suspended following a complaint that these students were allegedly supporting the most dreadful suicide bombing in Pulwama district of Jammu and Kashmir on February 14, 2019.

The local police, following the complaint, detained both students, who hail from J&K. A local court sent them to a three-day remand, the district police confirmed.

As a case has been registered by the police against the two students of Jammu and Kashmir. The Deans of respective Colleges in which they were studying i.e. College of Forestry and College of Horticulture have on Monday suspended them,

a university official told Himachal Watcher, confirming the report.

Additional SP (ASP) Shiv Kumar Sharma also confirmed the news and identified two students as Peer Jada Tabish, a student of MSc first year, and Auqib Rasool, a BSc student. As per the SP, the action came following a complaint from the university authorities.

Reportedly, students of the university carried out a rally demanding the suspension of the students while shouting anti-Pakistan slogans. An FIR was registered under Section 153 B (imputations, assertions prejudicial to national-integration) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) against the two students.

On Saturday, local police had detained a Kashmiri student of Chitkara University, Baddi, over alleged comments on social media, supporting the suicide bomber.

The police department has reportedly asked all the universities to provide a list of all Kashmiri students enrolled in their respective institutes.

On Tuesday, as per a report by News 18, a scuffle was reported between two groups of students at Abhilashi Memorial Institute of Engineering and Technology in Mandi district. An unverified video of the scuffle was in circulation on social media sites. However, the police did not verify it as communal in nature. It was said to be just random groups of students, who might have clashed over their previous grudges.

Another news report said a panchayat in Mandi district has passed a resolution and asked Kashmiri citizens living in rented quarters to leave the panchayat. Some miscreants also pelted stones on their quarters. The Superintendent of Police, Mandi, Gurudev Sharma, however, said there was no injury or damage to private property and Kashmiris were safe.
Afraid after the stone pelting, they took shelter at police station Baldwara.

Similarly, there were reports from other States where some Kashmiri students were held for either supporting the terrorist attack, anti-national activities, or posting communally inciting posts/comments on social media.  Such incidents are working as a double-edged sword – infuriating the majority, as well as, making all Kashmiri students vulnerable to violence.  

As a result, other Kashmiri students in other parts are also facing widespread backlash. Reports said Kashmiri students were leaving hostels to return to their homes. 

As per The Hindu, over 300 students were said to have arrived at Jammu and Delhi to return to their homes in J&K after facing back-lash, especially from right wing groups. The report also quoted Kashmiri students alleging of receiving threats from right-wing outfits. 

Another report on The Hindu said that some local youth raised slogans against Kashmiri students studying in an engineering college in Panipat with a demand to expel them from the institute.

Regardless of the need of the hour, a large number of Kashmiri students enrolled in other States of India has come under the scanner of right-wing outfits.

A sort of communal tension is growing in the society, which is exactly what the terrorist outfits want. Harassment or boycott of Kashmiris would only make them more susceptible to separatist agenda.

The reports also suggested that natives of the valley were receiving warning from their landlords to evacuate their property, fearing vandalism.

As per a report, some right-wing outfits roughed up a dozen students in Dehradun and forced the Kashmiri girls to lock themselves inside hostel rooms.

Feeding over the distress and anguish among the people over the Pulwama massacre, the right-wing outfits are upto fueling the nationalist agenda they had been cultivating since last five years.

Patron media channels had straightway started demanding revenge through bigger surgical strike or a full-fledged attack on Pakistan. Hashtags like #BadlaKab trended on Twitter.  

Though the police did not confirm it, a video appeared on media websites showing a bunch of people allegedly assaulting Kashmiri labourers (Khans) in Kangra district of Himachal Pradesh, which also lost one of its bravehearts, Tilak Raj, in the attack. 

To deal with this problem, the J&K Police has established a helpline for the assistance of students and general public who are presently staying outside the state.

In case they find any difficulty. The students are advised to call for any kind of assistance on 0194-2451515,

said J&K police advisory. 

The Union Government has already issued warning to all states to ensure safety of Kashmiri students and citizens.

The J&K administration on Monday said that the local administration and college authorities have given full assurance about safety of the students.

The state administration is advising all the students and their parents, not to pay heed to any rumours, try to stay put at their respective places and contact the LOs or local police administration for help. The mobile numbers of LOs have already been distributed among the students,

a spokesman said.

The Union Government had defended the demonetization move by citing it as a deterrent to terrorism in the valley. The terrorist organizations would be financially drained, thus, rendered helpless, the government and the leaders of the ruling party had claimed.

However, there seems to be no let up in the situation. Terrorist activity and attacks have not declined. Instead, more encounters were reported in 2018. 

Terrorist incidents in J&K increased 177% over four years to 2018, from 222 to 614; 838 terrorists were killed over the last five years, a 134% increase from 110 in 2014 to 257 in 2018. As many as 339 security forces died–a 94% increase from 47 in 2014 to 91 in 2018–in 1,708 terrorist attacks over the five years ending 2018 in J&K,

the J&K minister of home affairs had stated in his reply in the Lok Sabha on February 5, 2019,

The fact that the suicide bomber responsible for the Pulwama attack was a home-grown terrorist is a big reason to worry. 

Stories regarding the suicide bomber suggest that while the young boy had already been inclined towards militant groups, his bad experiences with Indian forces or local police pushed him further to join Jaish-e-Mohhammed – the militant group that claimed the full responsibility for the Pulwama attack.   

Negativity would only fuel negativity, which J&K cannot afford right now. Indian Government will have to fight this war at International level to isolate Pakistan and convince other nations to cut supply of resources to Pakistan – a patron of these terrorist organizations.

The only way to ensure that no more lives are lost is to break the cycle of violence. As witnessed in the past couple of decades, the call for counter-violence has become a part of this vicious cycle. Ending terrorism in J&K depends on the will and vision of the political leaders of the country, and not in using defense forces to roast political cookies.

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Viral Video of Overloaded Bus in Sirmaur Points at Inadequate Transportation Service

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OVerloaded Bus In Sirmaur of Himachal Pradesh

Shimla-Overloading in private as well as the government buses in Himachal Pradesh, especially, in interior areas has always been a hazard. Despite several bus accidents that claim thousands of lives every year, there does not seem to be any let up in the situation.

As per the statement made in the State Assembly by the minister of the opposition party, MukeshAgnihotri, over 1200 lives were lost while thousands of others sustained injuries in various accidents across the Stateduring 2018.

While the government tries to justify itself over road accidents, a fresh picture and a video of an overloaded private bus are making rounds on the social media, raising questions over the efforts of the government to discourage overloading.

As per reports, this bus was on its way to Manva from Rajgarh in Sirmaur district on Tuesday. The bus was jam-packed and over a dozen passengers could be seen sitting on the roof of the bus. On a complaint, the local police intercepted the bus near the Forest Colony.

When the police counted passengers standing inside the bus and those sitting on the roof, it was found that the bus was carrying 95 passengers, excluding the driver and the conductor, against its seating capacity of 37.

However, when the police questioned the driver for grieve violation of traffic laws and endangering lives of the passengers, the driver argued that it was not only his bus that was overloaded, that this is a normal scene in all buses. The driver can be heard saying that government buses were also overloaded.

When police told the passengers to avoid traveling in overloaded buses, they replied that they don’t have any option, suggesting inadequate public transportation servicesas the cause. Police advised the people to approach their Sub-Divisional-Magistrate (SDM) to solve any problem relating to inadequate public transportation.

The Deputy Superintendent of Police, Rajgarh, DushyantSarpal, confirmed that the documents of the bus have been confiscated. He said the police has taken such actions on several occasions but the situation doesn’t get any better.

It’s notable that pictures of such overloaded buses keep appearing on social media. There is no dearth of examples that highlight flaunting of traffic laws and rules defined under the Motor Vehicle Act.

The school bus accident in Nurpur in April 2018, which claimed lives of 28 persons including two dozen children, had highlighted carelessness on the part of the government. However, the government washed its hands off putting all the blame on the driver, who had also died in the same accident.

In January 2019, seven children died when their school bus met with an accident in Renuka Ji, Sirmaur district. Later, during the investigation, it was found that the bus was too old with little mechanical maintenance. A magisterial probe cited mechanical fault as the cause of the accident.

Despite being in a poor state, the transportation authority permitted this bus to be operational.  Moreover, like in the Nurpur accident, there were no crash barriers of any sort of roadside-safety measures along that road.

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HW Exclusive: Dirt newbie Sushant Thapa and champion Suresh Rana on Motorsports

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Suresh Rana and Sushant Thapa of Himachal Pradesh

He is a ‘One Man Show’ and people know him as the King of Speed. From Raid de Himalaya to Desert Storm, SJOBA Thunderbolt Rally, Arunachal Speed Fest, Dakshin Dar and many more, there is nothing that has not been written about the Motorsports champion Suresh Rana.

Born and brought up in Kullu District of Himachal Pradesh, Suresh Rana got a quick fascination with speed when he saw drivers running fast on the roads near his home during the budding years of Raid De Himalaya in the late 90’s. That stuck in his mind and he started running his vehicle on roads where there was less traffic.

Suresh Rana

Once he was riding in Spiti and on the way to Kaza he was spotted by the officials of Raid De Himalaya and they encouraged him to participate. It was the year 2001 when he participated in the Raid for the first time and since then there has been no looking back for him.

11 times winner of Raid de Himalaya, Rana is a power-packed member of the team Maruti Motorsports since 2009. When he started, he was a novice and the scope for learning professional motorsports was nil.

From Rana to dirt newbie: Sushant Thapa of Team Himachal Valley, is Himachal a place for budding rallyists?

Shushant Thapa

Sushant was born in Kullu and brought up in Nahan of District Sirmaur. We spotted him at the Himalayan Auto Cross Rally which happened in Kullu last month. What made us know him more was his passion and extreme driving skills that reminded us of the novice Suresh Rana of the early 2000’s.

It was for the first time he participated in any championship and he surprised us. Sushant finished his race in 1 minute 54 Seconds and stood second on the podium, which is an unexpected achievement for a beginner. He gave tough competition to experienced participants who had already participated in various national rallies including the prestigious Raid De Himalaya.

A student of legal studies from Himachal Pradesh University (HPU) and former football player, Sushant has represented in 17 National Football championships and 1 International under 19 Football championship in Nepal.

On his first experience in the Himalayan Auto Cross Rally, Thapa told Himachal Watcher,


Autocross is quite different from driving on road experience as there is an off road
track in which you have to keep yourself safe from fouls and drive carefully on the corners and beat the speed timings of the other participants. It was my first-time experience so I had to understand each and every detail myself while driving and analyzing the race track. It was quite tough because the other participants were experienced and they had already participated in many other national level competitions.

For talented aspirants like Sushant Thapa, who are full of energy and have the passion for motorsports but are clueless on where to polish their skills, Suresh Rana has started India’s first Mountain Rally School in Kullu and has already prepared three batches since the inception of Raptors RALLY School.

The idea of the Motorsports School was to polish the skills of the aspirants, promote them and give them the training that is required to make it a career. It is definitely a costly game in which financial and family support is a must.

There are many talented youngsters in Himachal Pradesh who are capable of showing their skills and talent through a full-time career in Motorsports, however, with the lack of proper knowledge, guidance and support from the family, they leave their dreams and look for a regular job option.

Speaking to us, Suresh Rana, who believes that Motorsports can be a career option if the aspirants spend some time in improving the performance and learning the techniques said,


There are many talented youngsters but they are not able to give their time in practice. It requires time, at least five years of practice to polish the skills and Motorsports teams are always looking for young and talented people. It can be a good career option if a person starts working on it from a young age.

He further added,


Motorsports is all about techniques more than having knowledge
and speed it is a must to know the techniques to control the vehicle and understand the breaking points. There are many drivers who drive well but when it comes to driving on the off-road with seatbelt on, they just can’t do it. It is quite tough to practice without a teacher and moreover, we don’t really have places to practice however I personally encourage the aspirants to learn and practice with safety. I am always there to help.

Rana while we finished our conversation said:


Newbie Sushant Thapa can do wonders in the field of motorsports. He has the talent, he understands the breaking points and he knows how to control his speed. If trained well, he can be the new champion from Himachal Pradesh,

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