Connect with us

HW Community

Pandemic – ‘Nationwide Lock-down’ A Tale of Caution & Hope

Published

on

Curfew Relaxation in Himachal Pradesh 3

Shimla-It’s for the first time in the history of our planet that the entire Humankind is together and is focused on fighting with one problem.

In India, from many days Doctors have been coming out and demanding a nationwide lockdown fearing the wrath of the virus which has been raging hell all across the world. The State has now responded and has ordered a 21-day lockdown for the entire nation, which is an unprecedented move.

The Lockdown is an extreme step which is demanded by these extraordinary circumstances. And as expected it has and will continue to have a huge impact on the economic health of the country. It has paralysed virtually all commerce and has put millions of people out of work, leaving many struggling with basic requirements like food and medicines. This has caused much debate in the media and elsewhere that whether we are ‘over-reacting’ to the coronavirus outbreak?

In this post, the author argues that the present step of a ‘National Lockdown’ is the most efficient and only available first response which the Government could have taken to tackle the immediate and ongoing existential crisis.

The viability of measures is to be seen through the lens of precaution and what might be the risk to reward outcome of the decision. The ‘precautionary principle’ which has had its evolution through various judgments of our Supreme Court ultimately boils down to an understanding that “if one is bound to err then always err on the side of minimising the risk and the scale of catastrophic harm than to take high-risk measures for immediate gains”.

The question which has arisen for consideration is,  ‘what is at stake by acting too strongly versus what is at stake by acting too weakly?.

The answer, when we think about it with any seriousness, is that too strong action will more quickly reduce wealth and economic activity; whereas too weak action could put crores of lives at stake across the country, and a far greater economic impact will await us down the line.

It is here then that the value judgments behind political decisions about pandemics come into full light. Are we willing to risk economic potency, or are we willing to risk our neighbours, friends, and elders’ lives? The United States and the United Kingdom who have not still imposed a complete nationwide lockdown and are also planning to lift the partial lockdown at the time of Easter (as announced by President Trump) have obviously given a very feeble response and have given considerable weightage to their economy rather than their people. India has chosen to completely focus on its people.

Precautionary Principle 

The Global pandemic and nature of this virus is a powerful reason for aggressively employing the Precautionary Principle to reduce our collective exposure to this deadly virus, an exposure which is grave.

It is hoped that a strong regulatory action which includes measures of forced quarantine, curfew and nation-wide lockdowns, (reduction of public transport/movement/contact) throughout the country would go some way towards lowering contagion even if not completely getting rid of it.

The basic point is that we need to consider the viability of measures through the lens of precaution, and always err on the side of minimising the risk and scale of catastrophic harm. We should be willing to make huge economic sacrifices. So that many of our fellow citizens don’t have their very lives sacrificed at the altar of ‘economic growth’.

The individual choices that we are all facing over the coming months should also be shaped by precaution. We need to be aware that passing this virus to others can create huge contagion cascades that infect thousands of people. It is only by taking pronounced physical distancing steps as early on as possible can we ensure that we are not fueling the wildfire of this pandemic. For many, this may mean a lonely few months, but that is by far a worthwhile price to pay to reduce the scale of this catastrophe.

A Caution- Listen to The Cry of the Poor and Homeless

Though the step by the Government of Lock-down is commendable, there are certain extremely important issues to be kept in mind.

Our country is home to the largest undernourished population in the world. It ranks 102 in the Global Hunger Index, has 1 in 5 people living on less than Rs.150 per day. We have the largest number of street children!

We need an Economic Task Force and a distribution strategy for the supply of essential commodities to the needy.

With the massive outbreak of COVID-19 across the country, there is a *huge and urgent* need of ration and other supplies for daily wage workers, workers in the informal sector as well as masks for doctors and nurses at the frontline.

There have been some announcements which have been made by the State to tackle the above situation such as:

  •  Pradhanmantri Garib Kalyan Yojana – Rs. 1,70,000 crore (Rs. 1.7 trillion) package for poor stuck in lockdown Rs. 50 lakhs insurance cover for health workers in Covid 2019 front.
  •  Pradhanmantri Ann Yojana – 800 Mn people will get additional free 5 kg wheat/Rice and 1 kg, Dal, for 3 months from ration
  • Farmers will get upfront Rs. 2,000 in their account directly
  •  MNREGA – Daily wages increased from Rs. 182 to Rs. 202. Rs 2,000 per worker will be an additional income.
  •  Old Age peoples – Poor senior citizen/widow / handicapped will get additional Rs. 1,000/pm for another 3 months.
  • Mahila Jan Dhan Account – Women will get additional Rs. 500/pm for another 3 months
  • Ujjwala Yojana – Below Poverty Level family will get free LPG cylinder for next 3 months
  •  Up to 20 lakh collateral-free loans for the SHGs from earlier 10 lakh crore cap
  • For organised sector employee and others who earn below Rs. 15,000 salary, Government will pay 12% + 12% provident fund (contribution of employee and employer) under EPF for the next 3 months.
  • EPFO regulations will be amended to allow workers under EPFO to draw up to 75% of their non-refundable advance or 3 months of wages, whichever is lower.
  •  State governments to be directed to utilise an existing Rs 31,000 crore welfare fund for the benefit for 3.5 crore construction workers

Hope & Love

Hope now is that the underprivileged will continue to receive help not only from the Government but also from the super-rich and the various religious institutions that India is so infested by and is proud of. If there was any time for religious institutions to shine this is exactly that time.

We live in a world where infinite money is printed to support corporations and banks and millions are donated to ‘Gods and Godmen’, at the same time nakedly excluding the millions homeless, who are left scrounging for their next meal. India can break this vicious cycle and take steps here out of compassion and empathy. India, the oldest civilization of the world can lead the world and show the light of ‘reason & love’ in its civilized response to the present existential crisis.

There is nothing we can do to change the constraints of our existence. Heartbreak and death await us all one day. As  Albert Camus once said;

 Love is not just a confrontation with the absurdity of the world; it is a refusal to be broken by it.  It is our choice whether we shrink from the slings and arrows of fate, or whether we stand in the full light of the sun while it shines above us.

India! its time to stand at a “physical distance” but stand Together.

 

(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/

HW Community

How HP Govt Contained an Imminent Threat Successfully

Published

on

By

video of Farmers arrested in Shimla

Shimla-Three Punjab farmers were detained by Shimla Police on January 19, 2021, from the Ridge Shimla. The police can be seen shrouding them from media person and rushing the farmers to the Sadar Police station. A couple of media person were allegedly hackled during this process. The farmers were kept at Sadar for hours for questioning and later brought before the Magistrate. However, the scene created a stir among those who witnessed it.

Media persons were left wondering as to what these people might have done or were about to do. The body language, action, and statement of the police suggested that these three persons posed some serious threat.


Himachal Watcher tried to contact the Superintendent of Police, Mohit Chawala, to know about the matter, but couldn’t connect. However, a statement to an English Daily suggested that these three persons posed some sort of immediate and serious threat. They were booked under Section 107 (Abetment of an unlawful activity/thing) and 150 (Hiring, or conniving at hiring, of persons to join unlawful assembly).

“We had inputs about the arrival of some farmers but their credentials could not be verified. They have been detained as a preventive measure,”

the SP told the Daily. The Police is yet to reveal the nature of the intel and intensity of the threat posed by these three suspects.

This statement suggests, these three persons would have been on the radar of the police and their detention would have been of utmost importance to the police as it was gathering intel about them.

We will speak about the recovery of things made from these three suspects who had planned something big in Shimla later. 

Watching police in such aggressive action, media persons were seen running along the policemen who were taking these persons to the Station. According to media persons present on the scene, a couple of them were hackled by police. One of the officials, who was in a civil dress, allegedly threatened a media-person.

The policemen were seen trying hard to not let mics of reporters get near these persons. These suspects were seen trying to get the attention of the media and the people present on the scene. One of the suspects was even heard speaking something about “Right to Speech” in the Indian Constitution and “Democracy”.

When the suspense ended by evening, it turned out these were only three farmers who had come from Singhu border near Delhi to speak about three contentious Farm Laws passed recently by the Government of India. As per the police, a threat of a demonstration was looming large. To accomplish their purpose, they were reportedly carrying ‘banner’ about farmers’ protest. The police successfully recovered them before they could cause any damage to the people. However, the State Police, thus, the State Government successfully contained this imminent threat and saved a lot of people from exposure to the opinion of farmers on the Farm Laws. These farmers, if not stopped, would have spoken about their reasons to oppose these Laws.

The police said the Ridge Maidan, Shimla, falls under the Core area and requires prior permission to hold a demonstration/protest/events etc., which is true. These persons had obtained no such permission, thus, invited detention. Legally, this detention could be justified only if these persons were found violating this norm. The police or say the government might have their reasons to take such action. But our readers had been writing to us to ask about the activity in which these farmers were found to be indulged in at the spot. The farmers said that they were not shouting slogans nor staging a protest.  The SP Shimla, in a statement to media, said that these persons were detained before they could execute their plan.

The execution of detention aptly speaks about the urgency of detention of these farmers. The farmers’ protest is denting the reputation of the ruling party in the Centre. In case, more farmers are convinced and join the protest, it would cause more damage to the Union Government. These Laws have invited massive protest from farmers, especially from Punjab and Haryana. Farmers have been protesting for almost two months now. The farmers have even planned to hold a tractor parade on January 26 – the Republic Day. The pressure on the Government has mounted to such an extent that yesterday it agreed to pause the three Laws for the next one and half year. Before this, the Supreme Court had stayed the Laws and constituted a committee. The farmers are, however, adamant that the Laws should be repealed. The eleventh round of talks between the farmer representatives and the Government today again concluded without any agreement between two parties. So, the state Government’s concern regarding the containment of such threats can be well explained here.

As far as the persons, who were later released on bail, managed to speak to a couple of media persons – major lapse in security. They said that farmers had been going to various states to create awareness about the Farm Laws but did not receive such a treatment anywhere except Himachal Pradesh.

“We were treated like terrorists,”

they complained.

Continue Reading

HW Community

The Story of Himachal’s ‘Friendly Leopard’ from the Viral Videos

Published

on

By

Viral Himachal Leopard Cub Video

Kullu-Several videos of the ‘leopard incident’ in Tirthan Valley, Kullu district, Himachal Pradesh, are going viral in India and would soon spread to international media. Anyone who is watching these videos is wondering as to how a wild predator who avoids humans, habitats, roads etc. and is a shy feline happened to be playing with people amid a huge gathering of people around him, traffic jam, and a lot of noise. It’s just like a fantasy to see a wild animal having such close, friendly contact with humans despite not being familiar with humans. Not only it was dangerous for the animal itself but also the ignorant people chasing him with mobile cams in their hands. That’s what we could infer from the response given by forest officials after watching the behavior of the people in these video clips. Himachal Watcher has also compiled several video clips of the incident.

A lot of our curious readers had been writing regarding the incident, so we talked to people who actually have knowledge regarding wildlife and animal behaviour in order to find a possible explanation for this rare leopard-man contact. It turned out, opposite to the fun people were having with this animal, it was a sensitive matter for the wildlife officials. 

We talked to the Divisional Forest Officer (DFO), Banjar, Praveen Thakur and HPFS, Sachin Sharma, who is currently posted as DFO, Great Himalayan National Park (GHNP).  Readers had been asking us questions; Where did it come from? How did it become so friendly with humans? What happened to the cub later? So we requested DFO, Banjar, Praveen Thakur, to answer these and some other important questions related to the incident. 

What you already know is that a leopard came out of the wild onto the road near Sarchi – Nagladi bridge in Tirthan valley on January 14. This belt comes under the Great Himalayan National Park. People stopped their vehicles and came out to record videos. The leopard was seen playfully grabbing different people. A traffic jam and a huge gathering of people, mostly locals, were seen in the videos. It was something that people had never seen, at least in this part of the world. 

The DFO, GHNP, also admitted that this is highly uncommon to see such ferocious wild predator getting so friendly within a few hours after contact with humans. But in this case, it was just a cub, aged about seven to eight months. 

“I haven’t seen or heard of such an incident where a wild leopard became so friendly with humans that he started to play with them. These animals are generally shy and smartest in the feline families. They avoid humans and their habitats,” he said.

When asked whether a cub of its age, considering strength and growth of nails and teeth, was capable of inflicting harm or not, he said that on sensing a threat it can. He condemned the behaviour of the people as it was not only dangerous for them but also the animal.

“Amid such a chaotic environment, the behaviour of any wild animal would be unpredictable. If not intentionally, the cub could have inflicted minor injuries to someone while playing. In that case, the reaction of people could have been hostile and things could have gone wrong,” he said.

In his opinion, this rare instance can’t be termed as a result of man-animal conflict. No other instances where these animals attacked or caused harm to humans in this region have been reported, he said.

The DFO, Banjar, Praveen Thakur said he was also surprised but also gave an explanation.

“It was an eight- to-nine-month-old cub, who got separated from its mother. The mother with its cubs lives in a nearby forest in a territory of four to five square kilometers. There was an incident of fire in the area and the cub, most probably, got separated from the mother due to it,” the DFO told Himachal Watcher.

Regarding the friendly behaviour of this cub, he said,

“Several videos are going viral on social media where the cub was looking comfortable and friendly with humans amid a crowd. Adult leopards show behavioural changes before becoming mature animals. They mostly avoid humans. But it was not an adult leopard, but just an 8 to-9-month-old cub,” he said.

“However, the cub did not get friendlier at the starting and was avoiding vehicles. As per my knowledge, for the first few hours, the cub was seen roaming around in a distress and avoiding humans and vehicles. (Watch Video). Initially, a couple of vehicles stopped to see the cub. As it was just a cub unable to hunt and survive at its own, it got friendlier after sensing that humans were not harming and, thus, were no threat. Cubs can get friendly on sensing no threat. Similarly, cubs and young offspring of several other animals can get friendlier.”

If watched video clips carefully, the cub was curious and trying to explore this new environment. But at the same time it was distressed as it had gotten separated from its mother and was in a environment not natural for it.

Citing a previous case, the DFO said,

“Not long time ago, we had rescued a bear cub. He had also become friendly within no time.”

“In the present case, we have identified the family. Mother lives in the forest not far from our Rest House. The area falls under the Great Himalayan National Park and is not far from the road. The family is not entirely unfamiliar with traffic and human movement,” he told HW.

In the current incident, he said that it’s a case of separation of the cub from mother.

A forest fire was reported in the territory of this family, and the mother or the cub got stuck somewhere due to it, resulting in a separation.”

He confirmed hearing calls from its mother. Mother would make a particular sound as a form of a call when trying to find its cubs, he explained.

He said that the department received the information regarding the presence of this cub among humans a little late. On receiving information, a rescue team was dispatched, which reached the spot within half-an-hour.

The team caught the cub with a net without much difficulty, he said. As it was healthy and had no injury or disease, it was released into its natural habitat as guidelines say that in such a case the animal should be released to its natural habitat as soon as possible to reduce distress.

He also said that teams are continuously monitoring the movement of the cub to ensure that it reunites with its mother and do not venture into human habitats or comes near the road again.

The mother and the cub are only a couple of kms distance apart. The cub would also make calls, which would help the mother find it, he said.

He rejected speculations of this cub being raised as a pet.

“His mother would have not been making calls if the cub was raised as a pet. These calls imply that the cub got separated very recently,” he said.

“After consulting wildlife experts, we have decided that in case the cub is seen venturing into human habitats or places having human presence and displaying same friendly behaviour again, then it would have to be captured and sent to the rescue centre in Gopalpur in Kangra district,” he said.

If it would grow up while remaining in friendly contact with humans, it might not get capable of attaining hunting skills to survive at its own in the wild. Moreover, these animals could inflict grieve injuries unintentionally while playing.

However, we are certain that the mother would soon find the cub. We will keep monitoring it until the mother stops making distress calls, he said.

On being asked whether this cub was capable of hurting or injuring a human, the DFO said that cubs of this age lack hunting skills, and it’s mostly after one year of age that the mother starts training them.

The DFO, however, expressed more concern over the behaviour of the people than that of the animal.

Most of these people were locals and they are often made aware about dos and don’t on an encounter with a wild animal.

“As soon as I came across the videos, I contacted a few people who were present on the spot including the Pradhan of the area and told him to ask people to stay away from the cub and to not chase him for photos and videos. I had even spoken to the local police to help manage the situation as people were not even listening to our Rangers,” he told HW.

“It was a complete nuisance that the people were creating by causing a traffic jam, chasing the cub, and trying to get close to it. We are trying to identify some people visible in the video deliberately going near the cub,” he added while informing that there are provisions of three to six months of imprisonment for those creating nuisance for or teasing wild animals, especially those protected. Leopards are protected under Schedule 1 of the Indian Wildlife Protection Act.

He urged the people to avoid wild animals if they happen to encounter them. Stay away from them, do not gather around and obstruct their path. Left alone, on sensing no threat, these animals eventually find their course and go back to their natural habitat, he said. In the current case, the situation would have led to chaos if it was a mature leopard, he said.

Even if you want to watch the animal then, at least, maintain a safe distance or remain in the vehicle, he added.

When asked whether this instance can be related to man-animal conflict and is a matter of concern or not, the DFO said,

“This can’t be termed as a matter related to man-animal conflict and isn’t a matter of concern as long as animals do not enter human habitats and kill livestock or attack humans. Moreover, such judgement can’t be made based on a single instance.”

Continue Reading

HW Community

Farmers Welcome SC Order to Stay Implementation of Farm Laws But Suspicious About Formation of Committee

Published

on

By

stay on farm laws

New Delhi: The Supreme Court on Tuesday stayed the implementation of three contentious farm laws passed by the Centre Government, which has led to huge protest from hundreds of farmer groups. The stay implies that the Centre Government can’t take any executive actions based on these laws till further order. 

“The implementation of the three farm laws (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, shall stand stayed until further orders,”

said the order passed by a panel headed by the Chief Justice of India (CJI) Sharad A Bobde on Tuesday.

Further, the MSP system would continue as it was before the enactment of the laws.

“As a consequence, the Minimum Support Price System in existence before the enactment of the Farm Laws shall be maintained until further orders. In addition, the farmers’ land holdings shall be protected, i.e., no farmer shall be dispossessed or deprived of his title as a result of any action taken under the Farm Laws,”

the order said.

With this order, the SC hoped to end the ongoing impasse over the contentious farm laws.

The farmers who have been protesting for over the last 45 days, welcomed the SC’s order.

However, at the same time, the Apex Court ordered the formation of a committee to listen to both sides and make recommendations to the court. The committee, which would comprise of Agriculture economist Ashok Gulati, Bhupinder Singh Mann, Dr Prmod Kumar Joshi, former director of National Academy of Agricultural Research Management), and Anil Ghanwat from Shetkari Sangathan, was asked to submit its report in the court within two months.

The CJI, in its order, speaking about the purpose of this “extraordinary” order, said,

“While we may not stifle a peaceful protest, we think that this extraordinary order of stay of implementation of the farm laws will be perceived as an achievement of the purpose of such protest at least for the present and will encourage the farmers’ bodies to convince their members to get back to their livelihood, both in order to protect their own lives and health and in order to protect the lives and properties of others.”

Though a stay on the implementation of laws was welcomed by protesting farmers, several unions said that they would not accept this committee and the protest will continue. They said the Government is trying to form this committee through the Supreme Court. This committee, they said, included persons who have already been justifying the farm laws. They said the purpose of this committee is nothing more than creating a diversion. The protest would be armed up and only a repeal of laws would be accepted, the unions said. 

At the same time, the SC was undeterred with these statements and said there is nothing that can stop it from forming a committee. The SC asked the farmers to cooperate with the committee.

On the other hand, the Government was more concerned about that other political parties would think of the stay as a “political victory”.

Further, the Government has also expressed apprehension about security breach due to the tractor rally planned by protesting farmers on the Republic Day.

K.K. Venugopal, Attorney General, told the court that there are reports that the farmers’ bodies may take out a tractor rally on January 26, 2021, disrupting the Republic Day Parade and celebrations However, the same was stoutly denied by Dushyant Dave, learned senior counsel appearing for a few of the farmers’ bodies on the ground that at least one member of the family of each of the farmers from Punjab is in the Army and that they would not disrupt the Republic Day celebrations.

The Court, in its order, said that several rounds of talked between farmers and the Government have failed and there was no solution in sight.

“The situation on ground is: (i) that senior citizens, women and children are at site, exposing themselves to serious health hazards posed by cold and covid; (ii) that a few deaths have taken place, though not out of any violence, but either out of illness or by way of suicide,”

the order said.

The court also lauded the farmers for carrying on the agitation peacefully without any unwanted incident.

Further, the Court orders also mentioned separate petitions filed by individuals/residents of the NCR complaining of blockade of roads/highways leading to Delhi and terming it an infringement of the fundamental rights of other citizens to move freely and to carry out trade and business.

Stay on 3 Farm Laws and Formation of Committee: Read Full Order of Supreme Court

Continue Reading

Trending