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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.

Environment

Garbage Dumping Polluting Giri Ganga River – A Drinking Water Supply Source of Shimla

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Giri Ganga River pollution in Shimla

Shimla– The Gumma Nagar Panchayat in Kotkhai, Shimla district, like most of the other rural areas, lacks a proper solid waste management system. As a result, the usual method adopted here is dumping daily solid waste down the hill in an official dumping yard.

The locals from the panchayat wrote to Himachal Watcher regarding the adverse effect the dumping site in Gumma causing.

Gumma dumping yard in Shimla district 03 (2)

Overflowing dumping site in Gumma

They said the panchayat has allocated the site shown in the photo above to dump their garbage. This garbage is mostly left unsorted. 

With the growing population and increasing number of shops, the hillside is now overflowing with rubbish. This overflowing waste from the dump finds its way down to the Giri river water. 

It not only looks unsightly but also emits a foul smell. Moreover, the half-burnt rubbish flies in all directions, mostly downhill into the water.

Gumma dumping yard in Shimla district 3

The office of the Assistant Engineer, IPH Subdivision Gumma, is located near to this location. Still, the issue is being ignored. 

“Interestingly, the Department of Irrigation & Public Health is sitting above the location, blind and oblivious to it all,”

Devanshe Chauhan Lidgley, a local told Himachal Watcher.

IPH Office in Gumma

Office of the Assistant Engineer, IPH, Gumma

She further added,

“Complaints have been made to the Gumma Panchayat Pradhan who showed helplessness since it was a decision made by higher officials,”

The panchayat pradhan of Gumma told HW that, indeed, the area is facing a problem with daily garbage. There are five wards in the Nagar panchayat, and villagers do not have any common dumping ground. 

“The villagers have found suitable spots near their habitats where they dump their daily garbage,”

Tara Chauhan, the Pradhan of the panchayat told HW

“The dumping site shown in the pictures is particularly created to accommodate daily waste generated by shops in the market. The market has about 300 shops, and the daily waste is transported through pic-ups to the dumping site,”

she added.  

Gumma dumping yard in Shimla district 03 (1)

A Pick-up dumping Gumma Market’s daily waste downhill

She also accepted that this dumping site is now overflowing as the amount of waste dumped is increasing. The issue has been brought to the attention of district administration of Shimla, she said, adding that the administration has asked the panchayat to find a new location for the creation of another dumping yard. However, it’s hard to procure land for it as no one would allow the creation of dumping site on private land, she said. 

“Earlier, we used to set the garbage ablaze when dumping reached on the verge of overflowing. However, now, we have directions not to burn garbage as it causes air pollution,”

Chauhan told HW. 

Gumma dumping yard in Shimla district

As a matter of fact, the said dumping site is overflowing and, in monsoon, a lot of waste is likely to find its way into the Giri Ganga. 

Giri Ganga is one of the main sources of drinking water supply to Shimla, and there is no need to say more why it requires immediate intervention of the district administration and the state pollution control board to prevent water pollution.

In the past, Shimla has already witnessed instances of jaundice outbreaks due to contaminated water that had killed about two dozen people.  However, it appears, we are waiting for another catastrophe to happen before appropriate action is taken.  

The garbage dumped here needs to be removed regularly and disposed of properly before the next truck of garbage is dumped. 

“Is the ‘Swaacch Bharat’ campaign only on papers? How can the National Mission for Clean Ganga (NMCG) succeed if the sources of Ganga are being polluted?”

asked the local.

It is a matter of concern that the district administration is still stuck at creating dumping yards, which is not a proper way to dispose of solid waste. At the same time, the villagers are left at their own to deal with the daily waste they generate. The State government needs to provide a solid waste treatment facility in rural areas.  

However, there are reasons to believe that the government is hardly concerned about this gigantic environmental issue. The only waste treatment plant that was supposed to convert Shimla town’s municipal waste into energy, is lying defunct. Instead, the locals allege, the plant has been turned into a dumping yard, which was on fire last month. The fire kept smouldering for over a week. 

A similar example was witnessed in Kenduwal of Baddi in Solan district where the Municipal Council and the Baddi-Barotiwala-Nalagarh Development Authority (BBNDA) were supposed to construct a solid waste treatment plant. They had obtained the clearance for the same on August 13, 2015, and were allotted 42 bighas and 13 Biswas of land in Kenduwal. 

However, the plant never came up and the two responsible authorities created a huge dumping site by violating a number of environmental laws and guidelines. Not only they created this site on the flood-plains of Sirsa river but also ignored human habitat located at a distance of 30 meters from it.  The families living in this habitat had to approach the state High Court to get relief from the hellish conditions created by this illegal dumping site. 

 

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Enraged Protesters Barge Into MD HRTC Office Over Poor Bus Services, Leaves Staff Speechless

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Protest at MD HRTC Office

Shimla– After the tragic Banjar bus accident that killed 46 people and left about 37 injured and the school bus accident in Shimla‘s Khalini in which two students and the driver were killed, the Himachal Pradesh Government may have shown some strictness towards overloading, but it forgot to ensure delivery of additional services to facilitate commuters. Protests, especially from the student community are frequently being reported in newspapers and media portals.

Surprisingly, this strictness is limited to Himachal Pradesh Road Corporation buses, while private buses continue to ply overloaded. The public in rural areas is suffering a lot because of this faulty policy of the government. The people complain that even if no one is standing in buses, HRTC conductor or police do not let them board these buses.  The situation has worsened to a level that people are now feeling harassed due to inefficiency and lack of vision of the state government.

The locals from Shimla district had submitted a memorandum regarding the shortage of staff in HRTC and problem they are facing due to suspension of routes without any prior notice to the government through Managing Director, HRTC a couple of days ago. Shockingly, they were not given any response.

Eventually, on Thursday, aggrieved by and enraged over an acute shortage of bus services and harassment in the name of overloading, villagers from various parts of Shimla district gathered at the Old ISBT of Shimla to meet the Managing Director, HRTC. Their anger was fueled as soon as they found that the MD was not present in his office. Led by senior leaders of Communist Party of India (Marxist) including former Mayor of Shimla Town, Sanjay Chauhan and Rakesh Singha, a sitting MLA from Theog Constituency, people sat down outside MD ‘s office and staged an aggressive protest.

Watch How Protesting Locals Left HRTC Staff Speechless


The villagers alleged that while several HRTC routes were suspended in various parts of the district without any prior notice, private buses are encashing on the opportunity by overloading, to which Police is showing a blind eye. The villagers also alleged that in the name of overloading, the passengers are forced out of HRTC buses without provision of adequate services. At the same time, they alleged, the government is allowing overloading in private buses. 

Villagers complained that their vegetable produce is rotting either because the bus routes to their areas were suspended without information or the frequency of HRTC buses plying to the area was reduced to twice or thrice a week. In addition, the problem of not allowing them to load their produce in busses beacuse of the overloading gimmick was just adding to their woes.

Villagers also alleged that school students in rural areas are compelled to miss their classes, even exams due to lack of bus services.

“The number of girl students who have left school and are sitting at home because of the paucity of bus services is in thousands. Their schools are located at a distance of two to three hours, and without bus services, it is not possible for them to travel to schools and back home from schools. These students are dragged out of HRTC buses in the name of overloading but no additional service is provided to them,”

said one of the locals.  

“Biometrics are installed at offices for attendance nowadays. The employees are not able to reach office on time and their attendance is suffering,

said another local present among protestors.   

Later, when the Managing Director arrived at his office and met the protestors, he admitted that HRTC is facing a shortage of drivers and conductors which is adversely affecting bus services in several routes.  The MD agreed to the demand of restoring services on routes where only single buses were plying.

The protestors ended their protest only after the MD assured them to take effective steps to curb the shortage of HRTC bus service. The protestors warned the MD of more aggressive protests if adequate services are not delivered within a week.

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Strict Vigil on Unauthorized Parking, No Parking in Areas Children Board, Deboard School Buses: CM

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Jairam thakur's statement on school bus accident

Shimla-After witnessing outrage among people over the accident of school bus in Shimla district’s Khalini that devoured three persons including two students and the driver and left five others injured, the Chief Minister Jairam Thakur called a meeting. Apparently, due to lapses on its part that played a major role in causing the accident, the State government came under heavy pressure. The Chief Minister had to make some announcements like it was done after the Nurpur school bus accident that had killed 24 children and three others in 2018 and the recent Banjar bus accident that killed 46 passengers.

In today’s announcement, the government assured that in Shimla town, parking will be allowed on one side of the road with yellow line and unauthorized parking will be dealt with strictly.
As done in such cases, a magisterial probe was also ordered.

He said signboards regarding ‘Authorized Parking Zone’ as well as ‘No Parking Zone’ would be erected in the town. It’s pertinent to mention that erection of signboards doesn’t work until these rules are implemented. In Shimla city, vehicles can be seen parked right in front of no parking signboards.

Further, he added that the work on three big parking slots in the town would be expedited whereas district administration and Municipal Corporation, Shimla would identify locations particularly in residential areas where small parking could be developed. This would not only ensure proper parking place for the commuters but also help in decongesting the city roads, he added.

District administration and Municipal Corporation were directed to identify parking areas with yellow line alongside the roads and sites where small parking slots could be developed by 10th July, this year. He said that the state government would also explore various aspects to allow private parking by individuals within the setbacks so that ample parking space could be developed.

He said that all the government offices should ensure that they have their own parking with sufficient space so that their vehicles could be accommodated thereby avoiding decongestion of main roads. He said that parking within a radius of 50 meters would not be allowed in such places where school children embark and disembark their school buses.

A massive Information, Education and Communication (IEC) activities would be carried out in the state to sensitize the people regarding road safety, he said. The narrow roads would be identified and steps would be taken for widening the same, he assured.

It was informed in the meeting that over 1,65,000 vehicles are plying daily in the Shimla town. Therefore it is the need of the hour that alternative roads are constructed for the convenience of the people.

The Chief Minister said that rupees five lakh are being provided to the next of kin of the deceased besides free medical treatment to the injured.

Like he had assured after the Nurpur bus accident, the Chief Minister again said that the condition of transport vehicles would be ensured properly and laxity in this regard would not be tolerated at any cost. All the school buses would be regularly monitored and school management would be sensitized about the safety guidelines.

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