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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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Himachal: 80% Voter Turnout in 2nd Phase of Panchayat Polls

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Second phase of Panchayat elections in himachal pradesh

Shimla-Himachal Pradesh Election Commission informed that the elections for 1208 Gram Panchayats were held today in the second phase in which around 80 percent polling was registered.

Overall, 75 COVID-19 patients and persons in isolation cast their votes as per the standard operating procedures.

The highest polling has been registered in Nandpur Gram Panchayat of Nalagarh developmental block of Solan district where the voter turnout was reported to be 96 percent.

The poll was held peacefully and there was no report of any untoward incident in the state. The counting of votes for Pradhan, Up-Pradhan and members was under the process and the results were awaited till late evening. The counting of votes for Zila Parishad and Panchayat Samiti will be held on 22 January 2021 at block headquarters.

Election-related process and results have been uploaded for the general public on sechimachal.nic.in.

The election for third and final phase for 1137 Panchayats would be held on 21 January 2021.

The first phase of elections to Panchayati Raj Institutions in Himachal Pradesh was held in 1228 Gram Panchayats on January 17, 2021. The overall polling percentage in the first phase was reported to 77.50%.

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Bird Flu Confirmed in Dead Poultry Dumped Near Himachal Borders, Ban on Poultry Products Extended   

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Himachal Pradesh Extends Ban on poultry

Shimla-Himachal Pradesh Government has temporarily extended the ban on entry of poultry and poultry products into the State from neighbouring states for one more week. A notification to this regard was issued on January 18, 2021.

 The Government said that during the past few days, there had been incidences of dumping of dead poultry in the border areas of the State. Samples were collected from these dead birds, and disposed of the remaining birds as per protocol, it said. NIHSAD Lab, Bhopal, has confirmed Avian Influenza-H5N8 in the dumped birds.

Hundreds of dead poultry birds were found dumped along the Parwanoo-Solan stretch on the National Highway. The police was yet to identify culprits responsible.

However, the State Government said that the Flu has not been detected in the local poultry.

The State Government said that a “Bird Flu” outbreak was notified on January 6, 2021, in Pong Dam wetland of district Kangra. The count for migratory bird death due to the Flu had mounted to 4936 till January 18, 2021. On January 17, only 21 migratory birds died in the Pong Dam wetland area.

The State Government said a sharp decline was reported in death of migratory birds due to avian influenza outbreak in the Pong dam lake wildlife sanctuary.

Ten Rapid Response Teams (RRTs) of Wildlife Wing would continue to work in the wetland for collection and safe disposal of dead birds as per protocol till no mortality is recorded. 

Till January 18, 2021 outbreaks of Avian Influenza have been confirmed in 5 States for poultry birds and in 9 States for crows, migratory and wild bird.

Culling of poultry birds had to be taken in all the affected epicentres including CPDO, Mumbai. Culling operation of poultry in Haryana was also underway. The outbreak has is causing losses worth crores to poultry farmers. 

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447 Cases of Adverse Effect Including 3 in Himachal Reported Post COVID-19 Vaccination

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COVID-19-vaccination-adverse effect in himachal pradesh

Shimla– Amid skepticism over the COVID-19 vaccination, India has reported over 400 cases of adverse effect post-vaccination, informed the Ministry of Health. To be more specific, a total of 447 Adverse Event Following Immunization (AEFIs) were reported on 16th Jan & 17th Jan’21.

Out of these, three required hospitalization. Of these, one was discharged from Northern Railway Hospital Delhi within 24 hours; one was discharged from AIIMS Delhi, and one is under observation in AIIMS Rishikesh and is being monitored.

Most of the AEFIs reported so far are minor like Fever, Headache, Nausea etc.

In Himachal Pradesh, about three cases of AEFIs were reported on day 1 of vaccination drive. These were reported from Dr Rajendra Prasad Government Medical College Tanda, Kangra, Civil Hospital Paonta Sahib, and Maharishi Markandeshwar University Medical College, Solan.

In these cases, symptoms reported included dizziness, anxiety, nausea and shivering and persons recovered after management as per protocol, it was informed.

In Himachal, 2,499 health care workers were to be administered dose through 27 identified sites in the State on January 16. However, only 1535 healthcare workers could be vaccinated on the first day. It was 61 percent of this set target. The second round would be held today.  

Two types of COVID-19 vaccines have been supplied for the vaccination drive. These include Covishield vaccine (made by Serum Institute of India Ltd) that has been supplied to all States/UTs.

The second is Covaxin vaccine (made by Bharat Biotech International Ltd) that has been supplied to 12 States.

An Adverse Event Following Immunization (AEFI) is any unexpected medical occurrence which follows immunization. It may not be related to the vaccine or vaccination process. The Ministry had laid down protocols for reporting, immediate case management at vaccination session site, transportation and hospitalization and further care of such cases. Protocols are also in place for systematic investigation and causality assessment of serious AEFIs, the Ministry said.

India has vaccinated the highest number of persons on Day1 under its COVID19 vaccination program, the world’s largest such exercise.

Total of 2,24,301 beneficiaries have been vaccinated till today as per the provisional report.

The second day of the massive countrywide COVID-19 vaccination program was also conducted successfully. A total of 553 sessions were held in six States. As many as 17,072 beneficiaries were vaccinated on Day2, as per the provisional reports.

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