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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: Daily New COVID-19 Cases Crosses 1000 Mark, State Govt Directs Admins & Police to Show Strictness in Implementing SOPs

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Himachal Pradesh daily COVID-19 update april 12

Shimla– Reeling under the second wave of the COVID-19 pandemic, Himachal Pradesh continues to report a huge surge in daily new cases and fatalities. On Monday, the state recorded 1089 cases – the highest in 24 hours this year. Nine more people succumbed to the infection, taking the COVID-19 death tally to 1111. Highest three deaths were reported from Una district, followed by Mandi (3).  View more details on fatalities below:

covid-19 deaths

Kangra district reported the highest 249 cases, followed by Solan (166), and Lahaul-Spiti (114). Find more district-wise details below:

himachal pradesh covid-19 surge

Source: HP NHM

Today’s cases also include former Chief Minister of Himachal Pradesh, Virbhadra Singh, who tested positive. Earlier, his son Vikramaditya had also tested positive for COVID-19. Pertinent to mention that Vikramaditya Singh had campaigned in the Municipal Corporation elections that were concluded on April 7. 

Further, 18 cases were reported from Pine Grove School, Solan. 

The state government, which had been mostly showing a casual approach towards the surge since the beginning of the second wave of the pandemic, is now coming hard on it in its review meetings.

Chief Minister Jairam Thakur is now asking elected representatives of the local bodies to ensure that the people strictly follow the SoPs regarding temples and marriages.  The PRI members are being directed to motivate and advise the old people, those with co-morbidity to avoid going to public places as they are most prone to this virus.

“Such persons must be reverse quarantined meaning that their movement outside their houses should be minimized to the extent possible,” Chief Minister today said.

Yesterday the state government had made it mandatory for people arriving from seven high load states to carry RT-PCR negative report. The decision would apply from April 16 onwards, the government had decided.  However, he had added, that the state would remain open for tourists.

Chief Minister has asked the representatives of the PRI to keep an eye on the people visiting from other State, particularly from the high load states.

“As far as possible such people must be asked to remain in home quarantine for 10 to 14 days and getting themselves tested for COVID-19 and should not mix with the general public of the area,” he said.

The Transport Department was directed to ensure the sanitization of buses and other public transport.  Shopkeepers were told to strictly follow the ‘No Mask, No Service’ policy. Private bus operators were also asked to properly sanitize their buses and also ensure plying buses without overcrowding.

District administrations were asked to ensure that social functions such as marriages etc. strictly follow the maximum limit prescribed for such events.

Chief Minister said that action if required could be taken against the violators.

The District administration of Kullu district was directed to ensure that all the tourists visiting the district strictly follow SoPs issued from time to time. He told the administration that all the guidelines need to be followed and implemented strictly.

He said that the Ayurveda Department must also provide ‘kada’ to the patients under home isolation. The Police Department was directed to ensure that no casualness be adopted by the tourists, particularly in tourist spots such as Manikaran, Kasol, Manali etc.    

Deputy Commissioner Mandi Rugved Thakur, informed that 1,33,878 total sample done in the district, active cases were 443 and positivity ratio was 8.25 percent and fatality rate 1.2 percent. He said that 51 per cent cases in the district were from urban areas.

 

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HP Govt Makes RT-PCR Negative Report Mandatory for People Arriving from Seven States

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entry of tourists in himachal pradesh

Shimla-Tourist movement to Himachal Pradesh is likely to get hit during the peak season as the state government has made it mandatory for people of seven high load states viz. Punjab, Delhi, Maharashtra, Gujarat, Karnataka, Rajasthan and Uttar Pradesh need to carry 72-hour prior RT-PCR negative report while visiting the State. The restriction would apply after April 16th.

The decision came after Chief Minister Jairam Thakur, who had been insisting that there would be no restriction on tourist movement to avert economic losses to the tourism industry, held a review meeting amid a massive surge in new cases and deaths.  

The state government has decided to allow tourists to visit the State, but at the same time, hotel owners and tourists should strictly adhere to the SoPs, Chief Minister said.

“The virus was spreading at a fast pace which was the biggest concern. During the last 45 days, the State has reported 10,690 new covid cases. 120 deaths were reported in the State during the last 45 days,” he said.

Over 900 new cases with 12 fatalities were reported on Saturday only.  On Sunday, according to the Health Department’s daily update, the state recorded 512 new cases. 

Pertinent to mention that Maharastra, Delhi and a few other states had been suggesting that a complete lockdown could be imposed if the high rate of resurgence continued in the coming days.

Though the Chief Minister had been maintaining that lockdown would be the last resort, the tone appears to be changing with the worsening of the COVID-19 situation.

Further, laying stress on twin strategy for testing, tracing and treatment with effective surveillance of micro containment zones, Chief Minister said that greater emphasis must also be laid on RT-PCR tests to achieve the target of 70 percent RT-PCR tests.

He said that the State Health Department must also take steps to increase bed capacity to meet out any eventuality.

Meanwhile, no restriction has been put on the devotees visiting various temples in the State during the Navratri festival.

The government said no overcrowding would be allowed in buses and other public transport and private vehicles. Wearing face masks even in vehicles must be enforced strictly.

Chief Minister, who faced widespread criticism over violation of SOPs during the political campaigning for elections to the Municipal Corporations, blamed laxity shown by the people for a sharp resurgence of COVID-19 cases in the State.  

 

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Himachal Pradesh: 662 New Cases & 7 Deaths in 24 Hours, Over 4500 Cases & 55 Deaths in 9 Nine Days

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Himachal Pradesh COVID-19 report

Shimla– The number of new daily COVID-19 cases and deaths in Himachal Pradesh was reported to be 662 and seven respectively on Friday till 7 pm. Kangra district reported the highest 165 new cases and four fatalities, while Sirmaur, Shimla, and Mandi recorded one fatality each.

View details of COVID-19 deaths below:

Daily covid 19 deaths

Source: HP NHM

Solan followed Kangra district with 132 new cases.

Find district-wise details of new cases below:

Daily COVID-19 deaths in himachal pradesh

Source: HP NHM

The COVID-19 case and death tallies have now reached 68173 and 1090 respectively. In April, the state has recorded a huge surge in cases. In the nine days of this month, the state has recorded 4568 new cases and 55 COVID-19 deaths – a rate of more than six deaths per day.

The state government today reviewed the situation in its Cabinet meeting and expressed concern. However, no restrictive measures were taken except extending the closure of all educational institutes till April 21.

Chief Minister Jairam Thakur had been maintaining that a lockdown would be the last resort.

Further, the state government today said that to make vaccination people’s movement, 11th to 14th April may be celebrated as ‘Teeka Utsav’.

The government said that the biggest matter of concern was that the virus was spreading at a fast pace. In addition to this, the number of death has also increased rapidly. All the districts have been advised to enhance their capacity be it bed capacity, quarantine capacity and medical equipment capacity etc.

Chief Minister Jairam Thakur said that strict action must also be taken against those involved in gross violation of SOPs. He said that the hoteliers must also strictly follow the SOPs so that the State Government may not be forced to take action. He said that laxity shown by the people has resulted in sharp resurgence of Covid cases in the State.

It’s pertinent to mention that during the campaigning for the elections to Municipal Corporations, all parties and their leaders including the Chief Minister violated all SOPs without attracting any action. The parties also faced criticism for ignoring public health for the sake of political interests, thus, setting wrong examples for the public.  

Feature Image: Pexels@polina-tankilevitch

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