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A Roar of a Lion- Right to free speech, Right to Dissent, Sedition and Majoritarianism

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Justice Deepak Gupta's Fearless Speech 2

Of Roaring Lions and Squeaking Mice!

Francis Bacon had once described the judges as ‘Lions under the throne.”However decades later in the famous Second World War case of Liversidge v Anderson, where Lord Atkin delivered his powerful dissenting speech, he commented on the arguments of the lawyers and stated that this level of reasoning would have been acceptable to the Court of Kings Bench in the time of Charles I (a monarchy) but not in a democracy, sadly this reasoning was accepted by all of his brother judges. The subjective interpretation adopted by his brother judges who were then pleasing to politicians provoked a letter to Lord Atkin from Mr Justice Wintringham Stable. The letter expressed approval of Lord Atkin’s dissent, and then added:

“I venture to think the decision of the House of Lords has reduced the stature of the judiciary, with consequences that the nation will one day bitterly regret. Bacon, I think, said the judges were the Lions under the throne, but the House of Lords has reduced us to mice squeaking under a chair.

The time is right to celebrate the courage shown by one of our very own, Justice Deepak Gupta, who has roared like a lion in times where just speaking against the ruling Governments would amount to sounding of the death knell for some. In times where we have judgments after judgments trying to bypass the constitution in novel ways so that the mighty and the powerful may not get offended (remember the dissent of Justice Chanderchud where he talks of a fraud played on the constitution and present grant of adjournments in habeas corpus petitions in SC), in times where police is more active in catching hold of people who have written something on their Facebook wall or WhatsApp (under an extinct provision of Section 66A) rather than looking for rapists and murderers, in times where a lawyer if he knows the politician he becomes a judge or an advocate general, in times where dissatisfaction with the government will brand you as an anti-national, in times where freedom of speech is being attacked across the country and fight for human rights and civil liberties is undermined in every nook and corner, a sitting judge of the Supreme Court, and our very own, ‘son of the soil’ has had the spine to publically say THE TIMELESS TRUTH of our democracy.

The Hon’ble Judge expressed himself On September 7. The following are edited excerpts of his lecture.

Right to Dissent

There cannot be any democratic polity where the citizens do not have the right to think as they like, express their thoughts, have their own beliefs and faith, and worship in a manner which they feel like.

The right to freedom of opinion and the right of freedom of conscience by themselves include the extremely important right to disagree.

Thus, the right to dissent is one of the most important rights guaranteed by our Constitution. As long as a person does not break the law or encourage strife, he has a right to differ from every other citizen and those in power and propagate what he believes is his belief.

Every society has its own rules and over some time when people only stick to the age-old rules and conventions, society degenerates. New thinkers are born when they disagree with the well-accepted norms of society. If everybody follows the well-trodden path, no new paths will be created, no new explorations will be done and no new vistas will be found. If a person does not ask questions and does not raise issues questioning age-old systems, no new systems would develop and the horizons of the mind will not expand.

Whether Buddha, Mahavira, Jesus Christ, Prophet Mohammad, Guru Nanak Dev, Martin Luther, Kabir, Raja Ram Mohan Roy, Swami Dayanand Saraswati, Karl Marx or Mahatma Gandhi, new thoughts and religious practices would not have been established, if they had quietly submitted to the views of their forefathers and not questioned the existing religious practices, beliefs and rituals.

In a secular country, every belief does not have to be religious. Even atheists enjoy equal rights under the Constitution. Whether one is a believer, an agnostic or an atheist, one enjoys complete freedom of belief and conscience under our Constitution. There can be no impediments on the aforesaid rights except those permitted by the Constitution.

The judgment of HR Khanna, J. in A.D.M. Jabalpur case, is a shining example of a dissent which is much more valuable than the opinion of the majority. This was a judgment delivered by a fearless, incorruptible Judge. Judges are administered oath wherein they swear or affirm to perform the duties to the best of their ability without fear or favour, affection or ill will. First and foremost part of the duty is to do one’s duty without fear.

Law of Sedition

It was enacted at a time when India was ruled by a foreign imperialist colonizing power. The British brooked no opposition and did not want to listen to any criticism. Their sole aim was to deprive the people of this country of their rights including the right to express their views.

Interestingly, though sedition was an offence in the first draft of the Indian Penal Code (IPC) drafted by Lord Macaulay, somehow this did not find its way into the IPC when it was enacted in the year 1860. The IPC was amended in the year 1898 when Section 124A was introduced.

When Section 124A was first introduced, we were told that this provision was not to curb legitimate dissent but was to be used only when the writer or the speaker directly or indirectly suggested or intended to produce the use of force.

Interestingly, another reason given was that there was a Wahabi conspiracy by a man who had preached Jihad or holy war against Christians in India and therefore the need to introduce such a provision.

Though Section 124A was inserted for fear of Muslim preachers advocating Jihad or religious war, it was initially used against Hindu leaders. The first such case was of Jogendera Chunder Bose wherein in a newspaper called Bangobasi, the Editor objected to the English rulers raising the age of consent of sexual intercourse for Indian girls from 10 to 12 years.

Subsequently, the British used the law of sedition to curb any demand for independence said Gupta citing the case of Queen-Empress v. Bal Gangadhar Tilak.

I would also like to refer to the Father of the Nation Mahatma Gandhi, who in this city of Ahmedabad was charged with sedition. Appearing before Sessions Judge Broomfield, Mahatma Gandhi while dealing with the word ‘disaffection’ had this to say: “Affection cannot be manufactured or regulated by law. If one has no affection for a person or system, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote or incite to violence.”

I think this brilliantly sums up what I want to say today that mere criticism without incitement to violence would not amount to sedition. However, the Mahatma was sentenced to undergo imprisonment for 6 years.

You cannot force people to have affection for the government and merely because people have disaffection or strongly disagree with the views of the Government or express their disagreement in strong words, no sedition is made out unless they or their words promote or incite or tend to promote or incite violence and endanger public order.

However, in present times there is no healthy discussion but only shouting and slanging matches, lamented Justice Gupta. If one does not agree with another, that person becomes an anti-nationalist.

There is no advocacy on principles and issues. There are only shouting and slanging matches. Unfortunately, the common refrain is either you agree with me or you are my enemy, or worse, an enemy of the nation, and anti-nationalist.

The constitutional validity of Section 124A has to be read in the context of Article 19 of the Constitution of India. Thus, advocating any new cause however unpopular or uncomfortable it may be to the powers that be, it must be permitted.

Sedition can arise only against a government established by law. Government is an institution, a body and not a person. Criticism of persons cannot be equated with criticism of the government….Criticism of senior functionaries may amount to defamation for which they can take action in accordance with law but this will definitely not amount to sedition or creating disharmony.

Police cannot deal with law and order problems but have time for sedition

Majoritarianism Can’t be Law

During the dark days of Emergency, an attempt was made by one party President to equate his leader with the country. I am sure that no one will ever try in future to equate a personality with this country of ours which is much bigger than any individual.

A majority government does not mean that minority voices should not be heard. Majoritarianism cannot be the law. Even the minority has the right to express its views. We must also remember that in India we follow the first past the post principle. Besides, he also stated that even Governments which come in with a huge majority do not get 50% of the votes. Therefore, though they are entitled to govern or be called as the majority, it cannot be said that they represent the voice of all the people.

The police always claim to be short of forces when questioned about the adverse law and order situation in various parts of the country. Trials in criminal cases of rape, murder and crimes falling under POCSO carry on for years on end because police officials do not have time to even depose before the courts but when it comes to sedition or Section 153A or implementing the provisions of Section 66A of the Information Technology Act (which has been declared unconstitutional), there seems to be no shortage of manpower and the police acts with great alacrity.

It is, thus, clear that there is one set of rules for the rich and the powerful and another set of rules for the ordinary citizens of the country. In a country which professes to live by rule of law, this cannot be permitted.

Thus, the law of sedition is more often abused and misused and the people who criticise those in power are arrested by police officials on the asking of those in power and even if a person may get bail the next day from the court, he has suffered the ignominy of being sent to jail. How the provisions of Section 124A are being misused, begs the question as to whether we should have a relook at it. Freedom of expression being a constitutional right must get primacy over laws of sedition. Sedition is a crime only when there is an incitement to violence or public disorder.

But the law as laid down in Kedar Nath Singh’s case regarding sedition is not being followed.

‘Right to Criticise Government’

I think our country, our Constitution and our national emblems are strong enough to stand on their own shoulders without the aid of the law of sedition. You may force or compel a person to stand while the National Anthem is being sung, but you cannot compel him within his heart to have respect for the same. How does one judge what is inside a person’s mind or in his heart?

In Chhattisgarh, a 53 years old man was arrested on charges of sedition for allegedly spreading rumours over social media about power cuts in the State. It was said that this was done to tarnish the image of the then Government running the State. The charge was absurd and again highlights the misuse of power. In Manipur, a journalist made a vituperative attack on the Chief Minister of the State and used unparliamentary language against the Prime Minister of the country. The language was intemperate and uncalled for but this was not a case of sedition.

Criticism of government by itself cannot amount to sedition. India is a powerful nation, loved by its citizens. We are proud to be Indians. We, however, have the right to criticise the Government. Criticism of the Government by itself cannot amount to sedition. In a country which is governed by the rule of law and which guarantees freedom of speech, expression and belief to its citizens, the misuse of the law of sedition and other similar laws is against the very spirit of freedom for which the freedom fighters fought and gave up their lives.

The shoulders of those in power who govern should be broad enough to accept criticism. Their thinking should be wide enough to accept the fact that there can be another point of view. Criticism of the policies of the government is not sedition unless there is a call for public disorder or incitement to violence. The people in power must develop thick skins. They cannot be oversensitive to people who make fun of them. In a free country, people have the right to express their views.

Everybody may not use temperate or civilised language. If intemperate, uncivilised and defamatory language is used, then the remedy is to file proceedings for defamation but not prosecute the persons for sedition or creating disharmony.

Judiciary Not Above Criticism

In fact, I welcome criticism of the judiciary because only if there is criticism, will there be an improvement. Not only should there be criticism but there must be introspection. When we introspect, we will find that many decisions taken by us need to be corrected.

Criticism of the executive, the judiciary, the bureaucracy or the Armed Forces cannot be termed sedition. In case we attempt to stifle criticism of the institutions whether it be the legislature, the executive or the judiciary or other bodies of the State, we shall become a police State instead of a democracy and this the founding fathers never expected this country to be.

Section 66A of the IT Act, which put restrictions on the freedom of expression in an online space, is still being used by the lower judiciary and the police, even after being struck down in the Shreya Singhal case.

It does not speak well of the Indian judiciary that the magistrates are unaware of the law of land, and day in and day out, we hear of magistrates granting judicial custody or police remand in relation to such offences.

Cyber Bullying

The recent trends have instilled fear in people when it comes to expressing their opinions on criticising governments in power. A very important aspect of a democracy is that the citizens should have no fear of the government. They should not be scared of expressing views which may not be liked by those in power. No doubt, the views must be expressed in a civilised manner without inciting violence but a mere expression of such views cannot be a crime and should not be held against the citizens.

No doubt, the views must be expressed in a civilised manner without inciting violence but a mere expression of such views cannot be a crime and should not be held against the citizens. The world would be a much better place to live if people could express their opinions fearlessly without being scared of prosecutions or trolling on social media. It is indeed sad that one of our celebrities had to withdraw from social media because he and his family members were trolled or threatened of dire consequences.

‘Nationalism is a Great Menace’

Gurudev Rabindra Nath Tagore had a view on nationalism, which is the anti-thesis of the view which many of us have. He, in fact, had not appreciated the Satyagrah movement. He, who wrote the National Anthem also held the view that ―nationalism is a great menace. I do not agree with those views nor did eminent leaders of that time but this did not make Gurudev Rabindra Nath Tagore less an Indian, less a patriot than any of his contemporaries. Merely because a person does not agree with the Government in power or is virulently critical of the Government in power, does not make him any less a patriot than those in power. In today‘s world, if any person was to say ―nationalism is a great menaceǁ he may well be charged with sedition.

If this country is to progress not only in the field of commerce and industry but to progress in the field of human rights and be a shining example of an effective, vibrant democracy then the voice of the people can never be stifled. I can do no better than quote the words of Gurudev Rabindra Nath Tagore:

“Where the mind is without fear and the head is held high,

Where knowledge is free.

Where the world has not been broken up into fragments

By narrow domestic walls.

Where words come out from the depth of truth,

Where tireless striving stretches its arms towards perfection.

Where the clear stream of reason has not lost its way

Into the dreary deserts and of dead habit.

Where the mind is led forward by thee

Into ever-widening thought and action.

Into that heaven of freedom, my Father, let my country awake.”

(The post was first published in https://lawumbrella.wordpress.com/ )

 

Deven Khanna is a Lawyer, practicing at High Court of Himachal Pradesh, other H.P Courts/Tribunals and the Supreme Court of India, he is an alumnus of a National Law School. For any queries related to the articles, he can be contacted at 7018469792 or at khannadeven@gmail.com. The personal blog is at https://lawumbrella.wordpress.com/

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PIL Filed in HP High Court Re-Ignites Quest for Recognizing Pahari (Himachali) as Hill State’s Official Language

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pil in hp high court for himachali pahari language 3

Shimla- November 10, 2021, Himachal Pradesh High Court on Monday passed an order concerning a public interest litigation (PIL) seeking to recognize Pahari (Himachali) as an official language of the state. The petition also sought effective steps on the part of the government to preserve and promote the Pahari language in the State as its culture and language give it a distinct identity. 

The Public Interest Litigation was filed by Arsh Dhanotia with a prayer that the state be directed to declare Pahari (Himachali) as one of the official languages in the State of Himachal Pradesh in any script and also promote further research towards a long-term formal Pahari (Himachali) nuclear language structure and nuclear Tankri script.

Bhawani Pratap Singh Kutlahria, the advocate for the petitioner, argued in the court that the State Government be directed to promote Pahari (Himachali) and other local languages as the medium of instruction in primary and middle-level schools as per the New Education Policy, 2020. On behalf of the petitioner, he also prayed the court to direct the state government to include Pahari (Himachali) language as a separate category for the 2021 Census and simultaneously undertake an awareness campaign to create awareness amongst the masses, especially the youth of the State who speak Pahari (Himachali), to get it marked as their mother tongue in the upcoming Census.

A bench of Chief Justice Mohammad Rafiq and Justice Sabina while disposing off the PIL stated,

“The direction as has been prayed for, cannot be issued to the State Government until and unless it is established on record that the Pahari (Himachali) language has its own script and that a common Pahari dialect is spoken throughout the State of Himachal Pradesh.  We, however, set the petitioner at liberty to approach the Department of Language Art & Culture to the Government of Himachal Pradesh with his demand for undertaking research to promote a common Pahari (Himachali) nuclear language structure and nuclear Tankri script. If the petitioner approaches the respondents-State through its Additional Chief Secretary (Language Art & Culture) to the Government of Himachal Pradesh) for the prayer made in the Civil Writ Public Interest Litigation, it would be for the said authority to consider the same in accordance with the law.”

Additionally, the petition had emphasised that Sanskrit, which is the second official language of the state, had only 936 speakers according to the 2011 census and Pahari (Himachali) dialect chain which is spoken by more than 40 lakh people was being neglected and has not been made an official language even after having so many speakers.

The petition also highlighted works of Former Chief Minister Late YS Parmar and Former Education Minister Late Narain Chand Parashar towards the promotion of the Pahari (Himachali) language.

What’s Pahari (Himachali) Language, How Many Districts It Covers

It is to be noted that according to the petitioner, Pahari (Himachali) is a combined term used for the Western Pahari dialect chain spoken in Himachal Pradesh and majorly includes Kangri, Mandeali, Chambeali, Kulvi, Mahasu Pahari and Sirmauri. According to him ever since the creation of Himachal Pradesh, there has been a demand for recognition of Pahari (Himachali) under the Eighth Schedule of the Indian Constitution and it is also officially listed with 37 more languages as a language which is in significant demand to be included in the scheduled languages category.

In his plea, he also stated that the Himachal Pradesh Vidhan Sabha in 1970 and 2010 have also passed resolutions concerning the promotion and development of Pahari (Himachali).

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Environment

Himachal’s Snow Covered Area Has Decreased, Poses Big Threat to State Economy’s Lifelines: Report

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Himachal Pradesh's Snow Covered area decreasing

Shimla-The area under snow cover in Himachal Pradesh has declined by 18.5% according to a recent report published by State Centre on Climate Change (SCCC) and Space Application Center (ISRO) Ahmedabad. The report revealed this decreasing trend for the five major river basins in the State.

As the report points out, the high altitude regions of Himachal Pradesh receive precipitation mainly in the form of snow during the winter season. One-third of the geographical area of ​​the state is covered by a thick blanket of snow during the winter season. Rivers like Chenab, Beas, Parvati, Baspa, Spiti, Ravi, Sutlej and its tributaries flowing through Himachal are dependent on snowfall in winter. These rivers mainly feed into the Indus water system and a decline at this rate rings a death knell for water and also food security for millions of people from Himachal to Kashmir, the plains of Punjab, the food bowl of the country.

Using images and data received from satellites, the report states, that the winter precipitation was mapped in all the basins from October 2020 to May 2021 (a period of two years). The findings indicate that there has been an average decrease of 8.92 percent in Chenab basin, 18.54 percent in Beas basin, 23.16 percent in Ravi basin, 23.49 percent in Sutlej basin compared to last year. The ice covered area of ​​Chenab basin was 7154.11 sq km in 2019-20, which has come down to 6515.91 sq km in 2020-21. Similarly, Beas basin was reduced from 2457.68 to 2002.03 square kilometer, Ravi basin from 2108.13 square kilometer to 1619.82 square kilometer and Sutlej from 11823.1 square kilometer to 9045 square kilometers. Overall, the snow covered area was reduced from 23542 square kilometer to 19183 square kilometer in the entire Himachal.

basin wise snow cover in himachal pradesh

Figure Source: Hindustan Times

Sutlej Basin covers 45 per cent of the total geographical area of Himachal and it is the longest river of the state. It flows for around 320 kms here, passing through Lahaul and Spiti, Kinnaur, Shimla, Kullu, Mandi, Solan and Bilaspur districts, along its course. The above study shows that the maximum reduction in snow cover has occurred in the Sutlej basin. An area of ​​4359 square kilometers under snow cover has decreased for the whole state, of which more than half of the Sutlej Basin.

Just two years ago another study had indicated that more than half of glaciers in Sutlej Basin are set to vanish by 2050. Yet another study also showed that the Sutlej basin has the highest 562 number of glacial lakes. These lakes stand the risk of sudden outbursts, which then causes flash floods downstream as the valley has already experienced. So, while the crisis that is unfolding, be it deglaciation, lake formation or reduction in area under snow cover, it seems that the Sutlej river basin is more vulnerable to these changes.

Prakash Bhandari, an environmental researcher and activist and member of Himdhara Collective expressing his concern states that the situation in the Sutlej river basin is certainly indicative of a serious climate emergency and it is critical to look into the drivers of this both local and global.

“The Sutlej basin catchment is the largest and so the changes visible here are more significant. Many factors have worked together to create this crisis which should be studied closely. There is no doubt that global warming is contributing to these changes. But the local conditions also play a role in reducing or increasing its impact”, he says.

The upper reaches of the Sutlej Valley, especially areas like Kinnaur are geologically fragile, with sharp gradients and loose soil strata. Vegetation is in a very small area so the proneness to erosion. We have seen the catastrophic impacts of flashfloods and landslides over the last decade and a half, where crores worth of property has been damaged. This year saw a spate of landslides where lives were lost. “In such a sensitive and also strategically important area, changes in the landscape will have far reaching and irreversible impacts. More construction activities will lead to more deforestation, more erosion”.  

Construction of dams has been rampant in the Sutlej valley, a phenomena that started post independence and continues today. If all of the planned dams are built the Sutlej will be cho-a-cloc with more then 150, large and small projects. At the bottom of the valley in Bilaspur is the Bhakra Dam, built almost 6 decades ago, which has a size of 168 sq km and a storage capacity of 9.340 cubic km. Is. This is followed by the Kol Dam which extends for 42 km up to Sunni, which has a total storage capacity of 90 million cubic metres. Nathpa Jhakri Project which is 27.394 kms. is long. When a dam is built, a huge amount of water is stored. The debris of many villages, trees etc. also gets absorbed inside the dam. When water is stagnant, it receives heat from the Sun to form mist in the surrounding area by evaporation and simultaneously generates methane gas. The experience of the lake formed by the Kol dam at Tattapani in Mandi district shows that the area is experiencing heavy haze which was not there earlier.

“In the 30s and 40s, Shikari Devi and Kamrunag used to have snow on the peaks for about 6 months, which now could barely stop for only 2 months. The air route distance of Shikari Devi and Kamrunag is only 26 to 30 kms from Tattapani lake. At the same time, their distance is not much from the cement factories of Darlaghat, Sundernagar”, the elders in the area say. “Today, fog is prevalent and this has also made the area warmer”.

Due to the warming of the weather due to the clouds formed from the mist, the snow has started melting quickly. Apart from this the local crop patterns are affected. Post the 1990s, the Sutlej became a site for run of the river hydroelectric projects using extensive underground tunneling. This involves massive use of explosives for blasting through the mountains. Of the 23,000 MW worth of projects to be constructed in Himachal more than 10,000, a third are from this valley alone. Kinnaur continues to be a hydel powerhouse with 10 run of the river projects in progress and 30 more to be set up including two mega projects of 1500 MW and 1000 MW each. This paints a scary picture.

Interactive Sutlej River-Basin Map indicate Hydropower Station location

It is not just the hydro-electric dams but unplanned tourism and other development activities like mining, cement plants, road expansion and mindless construction across the high Himalayan regions have also add to the shift in local weather patterns, land use changes and thus the ecological crisis. But the reason why we should put the limelight on hydropower is that this is being pushed as “Green Energy”, in the name of climate change mitigation. As opposed to other forms of generating power, hydropower projects are said to cause lesser carbon emissions, which is why there has been a global push to shift to renewable resources. But the climate emergency in the Himalayas has put a question mark on ‘water’ as a renewable resource.

The question then arises that with all this data indicating a steady decline in river discharge and snow cover have our planners and policy makers not considered what will happen to these projects? Will they be able to generate the power they propose to? The people of Himalaya have to wake up to this wastage of public resources. Scarce funds should be diverted to better planning for securing local livelihoods by protecting the forest ecosystems and water sources for the future.

Author: Gagandeep Singh-From Himdhara (Environment Research and Action Collective)

Feature Images:  unsplash/@raimondklavins

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Himachal: Warnings of Delta Plus Virulence Fall on Deaf Ears, No Restriction on Visitors from Affected States  

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Shimla-Yesterday, the Centre government directed the state governments to take immediate measure in wake of the spread of more infectious Delta Plus variant.  As the Delta Plus variant is posing a threat of the third wave, the states were told to take steps like preventing crowds, increase testing, more focus on surveillance, contact tracing and put boosting vaccine coverage on a priority basis. Following it, Himachal Pradesh Government might have announced an alert over Delta plus variant, but there wasn’t any follow up on instructions passed by scientists and health experts to take strict restrictive measures ahead of the impending third wave. 

To make it worse, high rank officials and political leaders were seen flouting Covid-19 SOPs on several occasion, which sent wrong messages to the masses. The pictures and videos showing flouting of Covid appropriate behavior by Chief Minister Jairam Thakur and Directorial General of Police, Sanjay Kundu, alongwith other staff for Anupam Kher is the most recent to mention. A group photograph and video of the same were widely circulated on social media and invited huge criticism from the people.  

So far, the state has not reported any case of the Delta Plus variant. But the neighboring states – Punjab, Haryana, and Jammu & Kashmir – reported their first cases yesterday. This puts the boarding areas, like in Una district, at a higher risk. Chief Secretary to HP Government, Anil Khachi, yesterday said samples have been sent for genome sequencing. 

Despite repeated warnings of Delta plus variant (B.1.617.2.1.), Himachal Pradesh has thrown its borders open to all and lifted all restrictions for inter-state travel in just one go. From June 23 onwards, the state government removed the condition for registering on the e-pass portal for visitors intending to enter the state. In the Cabinet meeting held on June 22, 201, the government first decided that e-pass restrictions would be removed from July 1, but later it changed the decision and instead implemented it immediately.

This haphazard decision is said to have come under huge pressure from the hospitality industry – the worst-hit sector, leading to financial crisis and mass unemployment among its stakeholders. Related associations had been approaching Chief Minister Jairam Thakur with their pleas to provide relief, but mostly faced disappointment. The stakeholders say the state government didn’t provide any significant relief, which is making the survival of the industry difficult.

Also Read: Read Eight Reliefs That Himachal’s Devastated Tourism Industry Seeks from HP Govt  

Also, stakeholder of the industry, especially hoteliers, had been demanding the removal of restrictions and conditions on the entry of tourists to Himachal so that they could fetch the remaining peak tourist season.

With its inability to offer relief, the HP Government took the chance to waive off restrictions in a haste.

At the same time, the state government has decided to conduct offline examinations for the undergraduate classes starting from July. A section of the students had been condemning the HP government for scheduling exams without vaccinating students. Some student bodies had been asking the government as to why online classes were possible but not online exams. 

The state government also waived off restrictions on timings for the opening of markets/shops.

As scientists and health experts warn of the virulence of the new variant and with neighboring states already on alert after reporting cases of the new variant, the HP government hasn’t even mentioned any intention to at least put a check on the visitor from the states where cases of Delta Plus are being reported. Carrying an RT-PCR negative report for visitors from such states/cities would have been a wiser step. 

Officially, the state is on alert, but no measures have been announced to check the entry and spread of the variant into the state. The state government does speak of preparing for the anticipated third wave, but there is hardly any long-term preventive strategy. The Covid appropriate behavior is hard to adopt when markets and tourist places are crowded with visitors.

Why Delta Plus is a Big Concern

The World Health Organization (WHO) has labelled the Delta variant as ‘Variant of Concern’.

The Centre and scientific/medical institutes in India also agree with that Delta Plus as a variant of concern and could be the cause of impending third wave. Last Tuesday, based on the findings of INSACOG, the Union Health Ministry had alerted and advised Maharashtra, Kerala and Madhya Pradesh regarding the Delta Plus variant of COVID19.

INSACOG had warned that the Delta Plus variant has increased transmissibility, stronger binding to receptors of lung cells, potential reduction in monoclonal antibody response.

“Delta variant is more resistant to medication, treatment and vaccination. Therefore, people who have been vaccinated can still be affected by this variant and can go on to get a clinical illness, Archana Dhawan Bajaj, director, Nurture IVF, told a national English Daily.

“Neutralising antibodies against this variant post-vaccination seem to be nearly five times lower in people who have already been vaccinated than the other variants,” she said.

Further,  Dr Raman Gangakhedkar, ex-Head Scientist of Epidemiology and communicable diseases, ICMR, has also expressed concern over the reports that Delta Plus has reported pathophysiologic change and affecting different organs.  Dr Raman says that it could transfer from cell to cell and would more likely produce neurological symptoms as a common manifestation.

So far India has reported 51 cases of the Delta Plus variant.

Delta Plus variant is a variant of Delta with an additional mutation -B.1.617.2.1.

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