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Jindan Murder: Team of human rights and social activists visits Shillai, makes shocking revelations

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Himachal RTI Activist Murder facts

Sirmaur: The brutal murder of Kedar Singh Jindan – an RTI activist, social worker, and a leader of Scheduled Caste community – in broad daylight and in public view has jolted peaceful State of Himachal Pradesh.

While the police claim to have solved the case and that the accused have confessed their crime, the matter is getting a political color as it relates to the murder of a person who belonged to the SC community and was raising their voices. Amid this, some shocking revelations were made by a seven-member team of state and national level human rights defenders, social workers and activists.

Not only the team rejected the media reports saying that it was not a caste-based vendetta but also alleged that caste discrimination was quite prevalent in the Shillai region.

The findings of the team said that Jindan was even brutally beaten for supporting an inter-caste marriage in the region. The murder was a planned one as it was committed in a public view, it said. Despite being a public scene, only two witnesses have come forward due to the fear of the people involved.

The team visited Sirmaur on the September 13 and 14 to probe the brutal killing of an activist. The team also met the family of the deceased.

The team in no uncertain words condemned the heinous murder of Kedar Singh Jindan, which they said was intended to target the activist who was uncovering corruption and speaking against injustice at the local level.

On September 13, 2018, we visited Paab, the village in Shilai block from where Jindan hailed and interacted with his family members to give our condolences and also let them know that the issue of the murder was being condemned widely

, a team member said.

The team interacted with a large number of people belonging to various communities including the Pradhaan of the Gundaha Panchayat. The team also visited members of the administration and the police.

Kedar Singh Jindan aged 43 years was also a lawyer and had struggled tremendously to complete his education, the team said. He used to run an educational academy at Shilai to train young students. Over the years, he emerged as a voice of the ‘Koli’ (Scheduled Caste) community in the region. He used the RTI Act to uncover information related to local development issues, the team said.

As per the team, in June this year, Jindan had held a press conference in Shimla, in which he had exposed irregularities in providing Below Poverty Line (BPL) certificates in his village and alleged that Jaiprakash (the prime accused in the murder, who also drove the Scorpio over Jindan) had illegally obtained BPL certificates for his well-to-do relatives. Through these certificated, they had also managed to get appointed in government jobs. Jindan obtained all of these details using the RTI Act 2005.

The team further said that after this expose, Jaiprakash’s relatives lost their jobs, which they held against Jindan apart from his other exposes in public services in the area.

On the morning of September 7, Jindan was murdered. Following this, the police had first nabbed two persons on the same day while the third arrest was made a few days later. A Special Investigation Team headed by ASP Nahaan) Virender Thakur was investigating the matter. An FIR was registered under Section 302 (Murder) as well as the section 3(2)(5) of the Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act.

The Superintendent of Police, Rohit Malpani and ASP assured the team that the documentary and forensic evidence in the matter was strong. The police was doing a thorough job to ensure justice for Jindan, they further told the team. The officials appeared confident about solving the case. 

The fact-finding team, however, expressed concern that the police had not responded adequately to the repeated threats received by Jindan from different members of the community who were irked by his work. Last year too there was an attack on Jindan at Sattaun where he was pulled out of a bus and beaten up badly by people for supporting an inter-caste marriage in the area, the team members said. 

Jindan’s family informed us that he was left buried in a heap of sand and left there to die. While he survived that attack, he had exposed that a large number of people from the area were out to get him and they are all complicit in the murder according to the kin of Jindan. This needs to be investigated

, the team said.

As per the team, the observations from various discussions make it obvious that this was not just an incident of a personal vendetta as it’s being claimed in some media reports. Rather, it was a planned targeting of an activist by the dominant community because he was a member of the SC/ST community.

The demand to withdraw the charges under the SC-ST Act is baseless,

the team said.

The team said this remote area of Himachal is known for deep-seated caste discriminatory practices. The fact that the dominant caste groups were defending the murder was a clear sign of the same.

The Khumri Panchayats in the area are like Khap system here where the so-called upper castes take the decisions about everything. Exclusion and discrimination are seen in all spheres here – economic, social, and cultural.

, the team alleged.

Further, the team claimed that the manner in which the incident took place in broad daylight at Bakras on a working day close to the premises of the Block Primary Education Office located next to a school where he was run over by an SUV reveals that this was a case of a murder in full public view.

The fact that there are only two people who have come forward to testify to the murder proves that there is an atmosphere of fear and intimidation in the area, the team said. The protests by Rajput Sabha in favor of the accused have also polarised the community making it difficult for people to stand up for the truth.

We are shocked that such an incident could occur in a state like Himachal but this also shows that there is an increasing normalization of violence in the society around us. Also shows the vulnerability of people who challenge the status quo or expose those who are powerful even at the village level.

, the team further added.

Kedar Singh Jindan is the 73rd person to be killed for using the RTI Act for exposing corruption in the country, the team said.

The team also expressed concern that the ruling government in the state and the local MLA were silent on the matter. They have not issued any statement of condemnation of this brutal killing. This is a time when we all should speak up against this kind of violence, the team said.

The team will be preparing a detailed report with recommendations which it will present to state and national level authorities and commissions.

About Team

The team comprised of Kuldeep Verma, Birbal (Dalit Vikas Sangathan Sirmaur), Sukhdev Vishwapremi (Centre for Mountain Dalit Rights), Advocate Sanjay, Rajkumar (National Campaign on Dalit Human Rights & National Dalit Movement for Justice), Raja Velu from Human Rights Defenders Alert and Manshi Asher from Kangra Citizens Rights Group.

Campus Watch

Nauni Varsity Admissions Open for Diploma in Fruit, Vegetable Processing & Bakery products

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Nauni varsity admissions for diploma

Solan-The Dr YS Parmar University of Horticulture and Forestry, Nauni has invited applications for its one-year Diploma in Fruit and Vegetable Processing and Bakery products. The diploma will be run by the Department of Food Science and Technology of the university.

This year, the university has also reduced the fee charged for the diploma to Rs 5000. Earlier, the fee for this diploma was Rs 20,000. The decision was taken to ensure that more and more people can apply for the programme.

In addition, the programme has also been linked to the Skill Development Allowance scheme of the Government of Himachal Pradesh. Any person enrolled in the programme can also apply for this allowance.

The minimum educational qualification for this diploma programme is Class 10+2 with at least 40 per cent with no age cap for admission. The last date of application is 17 January 2019 and the counselling will be held on 19 January.

A total of 35 seats are available in the programme. Prospectus and application form can be downloaded from the university website(www.yspuniversity.ac.in).

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234 Ambulance Roads in Shimla City Declared ‘No Parking Zones’, Parking woes to Intensify

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List of ambulance roads in Shimla City declared no parking zones

Shimla- The parking woes have intensified in Shimla City as the District Magistrate of Shimla, Amit Kashyap, issued an official notification on December 19, 2018, in which 234 ambulance roads in Shimla city were declared as “No Parking Zones.

As per the notification, based on the report received from the Superintendent of Police, Shimla, it was found that the residents, as well as outsiders, had turned link roads into unauthorized parking spaces, which results into huge traffic jam and inconvenience to the smooth passage of ambulances carrying patients along with the general the public.

Therefore, the District Magistrate declared all the following 234 ambulance roads as “No Parking Zones”:


He said the decision was taken keeping in view the necessity of smooth flow of traffic and passage to ambulances on ambulance roads in Shimla City.

As per the notification, the matter was highlighted as the local residents of the Middle Cemetery, upper Gahan, Bhatttakufar, Dhingu Bawari, Frud, Lower Gahan, and Nerridhar had requested to declare the ambulance roads leading from Dhigu Bawari to Lower Gahan and From PWD Workshop Bhattakuffer to Jai Moti Bhawan (Cemetary) as “No Parking Zone” as some of the people park their vehicles on these roads resulting in traffic jams and obstruct ambulances.

While the government has a policy to allow buying vehicles only if an applicant could provide evidence of having a parking space, there are a large number of cars which were either bought before the formation of this policy or are registered in other districts of the State.

A section of vehicle owners have expressed unrest against this decision and argued that it was not fair, as the government did not provide sufficient authorized parking spaces in localities.

Having a personal parking space doesn’t matter as soon as an individual drives to other parts of the city. Sufficient parking spaces based on the required capacity of a particular Ward or locality are needed to fix this problem, and it is apparently the government’s job

said a resident of Khalini, Shimla.

On the other hand, the majority of the general public has supported the decision expecting that it would make these roads more convenient and smoother for traffic.

However, the district police is likely to face a lot of resistance from local residents while ensuring compliance with the orders passed.

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Opposed to Tribal Minister’s promise in Assembly, FRA claims of Kinnaur tribals rejected to favor hydro-power company

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HP Govt Rejects FRA Claims of Kinnaur villagers

Doling out forest land to the company but cannot grant tribal rights, shows government priorities; Empty promise on FRA made in Vidhan Sabha: Lippa Forest Rights Committee

Kinnaur: Barely few days after tall promises were made about implementation of the Forest Rights Act in the Legislative Assembly by the Tribal Minister Ramlal Markanda, the District Level Committee (DLC) at Rekong Peo has rejected the Individual Forest Rights claims of 47 tribal claimants of Lippa Village in Kinnaur District, said Forest Rights Committee, Lippa in a media statement. The order of the DLC, which was not signed by the three non-official members of the committee out of the six members, was termed as illegal and unjust by the Lippa Forest Rights Committee.

We condemn this order led by the Deputy Commissioner because the arguments for not recommending the 47 claims are totally baseless. It is clear that the officials are ignorant about the provisions of the FRA 2006. The DLC has just blindly accepted the incorrect decision taken by the bureaucratic members of the Sub Divisional Level Committee, where as we have provided the DLC detailed objections to the same, based on the provisions in the Forest Rights Act 2006,

said Subhash Negi of President of the Forest Rights Committee, Lippa.

The order of the DLC dated December 17, 2018, gives three arguments for not recommending the claims. The first is that the claims are not from ‘unsurveyed villages’ but from revenue villages. The second argument is that the evidence submitted by the claimants does not provide proof of three generations. The third argument says that the act was only for those who are primarily residing in forests and dependent on the forest land, implying that the claimants were not eligible. As per the FRC as well as the written objection submitted by the Individual claimants, all three arguments have been legally countered.

This Act is not just for ‘unsurveyed villages’ but is also applicable to revenue villages with residents who are dependent for their ‘bonafide livelihood’ needs on forest land. This has been adequately clarified by the Ministry of Tribal Affairs in a circular dated June 9, 2008.

This argument by the officials that claimants from revenue villages are not eligible is ridiculous because all 17,503 FRCs in Himachal are formed at Revenue Village level. If we go by their argument then the FRA 2006 cannot be implemented in Himachal at all since there almost no forest villages here. The FRA 2006 is applicable where ever people depend on forest land,

according to Prakash Bhandari, of Himdhara Collective advocating for the implementation of the Act.

Secondly, the Act requires the three-generation evidence clause only for non-tribal people (referred to as Other traditional forest dwellers in the Act), Whereas the applicants in the case of Lippa are all belonging to the category of Scheduled Tribe. Thirdly, the SDLC and DLC have both recommended the Community forest rights for the Lippa village without any objections.

This is s a partial reading of the law. While issuing the CFR title we are considered as ‘primarily residing in the forest, forest dwellers’, while considering the individual claims won’t the same criteria apply? This shows that the officials do not have even basic knowledge of the act,

added Negi.

It needs to be noted that individual claims can be made, as per the law for both housing as well as land being cultivated. The Gram Sabha of Lippa has recommended all 47 claims almost 6 months ago.

The decision of the DLC is also contentious because the forest land under Lippa Village was leased out to Himachal Pradesh Power Corporation Limited for the Kashang Stage 2 and 3 hydropower projects by the State cabinet on 0ctober 13, 2018. The Paryavaran Sangharsh Samiti, Lippa which has been opposing the forest clearance to the project, has objected to the cabinet decision taken on the grounds that it “is a clear violation of not only of the PESA, FRA, 2006 and the NGT judgment dated 5th May 2016 but also the state’s own legislation”.

In 2016 the Green tribunal had ordered that the forest rights of the communities be settled as per provisions of the FRA and only after that the project proponents could approach the Gram Sabha for NOC.

The lease order was made under Himachal Pradesh Lease rules, 2013 for an underground area of 06-03-20 ha, situated in Up-Mohal Lappo of the Lippa Village. According to Tashi Chewang, Secretary Paryavaran Sanrakshan Sangharsh Samiti, “Rule 11 sub-rule 2 (iii) of the Himachal Pradesh Lease Rules, 2014 clearly states that

In Scheduled areas, the Sub-Divisional Officer (Civil) shall also refer the lease application to the concerned Gram Sabhas for consultation. He shall proceed further only after obtaining the Gram Sabha’s resolution

in this regard.

But during the whole process of leasing out land to HPPCL, neither the SDM has ever approached or consulted with the Lippa gram sabha nor the gram sabha ever passed any resolution in this regard.

The ‘Vanya Prani, Van Evam Jaivividhta Sanrakhsan Samiti’ formed under rule 4(E) of the FRA 2006 by Lippa Gram Sabha has issued a legal notice to the Chief Secretary and 6 other high level officials challenging the lease order.

The people of Lippa village for the last ten years have been struggling against the projects because of the havoc that diversion of the Kerang Khad would cause. Kerang is a perennial stream that flows adjacent to the Lippa village and it helps in flushing out the huge silt and debris that come towards the village from another stream called the Pager Khad.

If the Kerang is diverted by the project then the Pager khad will destroy the village, added Chewang. The Chilgoza forest and other biodiversity on which the livelihood of locals is directly dependent will also be impacted by the forest diversion and construction

, according to members of the Paryavaran Sanrankshan Sangharsh Samiti.

Our struggle is for our day to day survival and livelihood using every law that is available for protection of tribal rights. But when the State is violating all these constitutional laws and provisions, what is the community to do?

asks R.S Negi leader of Him Lok Jagriti Manch, Kinnaur, a platform for tribal rights in the District.

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