The Gujarat government has told the Gujarat High Court on August 17 that interfaith marriage is not prohibited under the Gujarat Freedom of Religion (Amendment) Act, 2021, but using it as a tool or instrument for effecting forceful conversion is not allowed. The bench of Chief Justice Vikram Nath and Justice Biren Vaishnav is hearing petitions challenging the amending Act. The matter will next be heard on August 19.

The original Act of 2003 prohibited conversion by force or allurement, however the 2021 amendment make conversion by marriage an offence which is one of the many common threads between the anti-conversion laws passed by UP, Uttarakhand, Himachal Pradesh and Madhya Pradesh as well.

Advocate General Kamal Trivedi appearing for the state quoted the statement of objects and reasons that ‘it is considered necessary to prohibit the forcible conversion by marriage’ and stated that the word “marriage” in section 3 takes its colour from the company of the words around it. Thus, as per his interpretation, the context of marriage comes only if there is “force, allurement or by any fraudulent means”.

Section 3 of the amendment Act states, “no person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement or by any fraudulent means or by marriage or by getting a person married or by aiding a person to get married nor shall any person abet such conversion”.

A plain reading of this provision suggests that each means mentioned here i.e., force, allurement, fraudulent means, marriage are all independent of each other due to the use of the word “or” after each of these words.

The bench implored Trivedi that if he wants to make a statement on how the provision must be read, they will record the same. “But say that this (section 3) has to be read like this (in conjunction with the three elements of force, fraudulent means or/and allurement),” the bench said, to which Trivedi responded that he can take instructions and provide the same in writing, reported Indian Express.

At the previous hearing held on August 5, the high court had issued notice to the state government and the bench had orally expressed its displeasure over the changes brought about in the law. The bench had orally remarked, “Either you say if there is marriage by force or fraudulent means and then there is conversion, then of course, it is not right, fair enough. But if you say only because of marriage, someone converts and so it is an offence (it is not correct).”

The bench had opined that if an inter-religious marriage is without coercion or fraudulent means then it should not be treated as an offence. When state counsel Manisha Luvkumar contended that the object of the Act is to check that if in a relationship if one says unless you convert, there will be no marriage. To this, CJ Vikram Nath, reported responded that “it is between the two individuals”. This clearly indicated that the bench was keen on drawing a line on State interference in an individual’s privacy. Further, when the state counsel said that marriage does not require conversion, the court remarked that it is for the married couple to decide which religion they want to follow

SabrangIndia’s sister organisation, Citizens for Justice and Peace (CJP) has also moved the Supreme Court against the anti-conversion laws passed by UP, Uttarakhand, Himachal Pradesh and Madhya Pradesh. The petition cites detailed grounds for this challenge including issues of privacy, extra-Constitutional powers to police and non-state actors, the fact that they violate the non-negotiable tenets of secularism, equality and non-discrimination.  Both, the Act and Ordinance, are inherently anti-women and discriminate against women, giving them no agency whatsoever and are therefore bad in law and substance.

In April, the Supreme Court made a passing remark on the right of an individual to choose his religion. While dealing with a plea against black magic, superstition and mass religious conversions, the court said, “I don’t see a reason as to why any person above 18 cannot choose his religion. There is a reason why the word “propagate” is there in the Constitution”.

Related:

Gujarat Freedom of Religion Act challenged, HC issues notice
Allahabad HC grants bail to man charged under anti-conversion law
Woman embraces Islam and marries a Muslim, Jammu & Kashmir HC grants protection

The post Gujarat gov’t counsel explores different interpretation of conversion by marriage appeared first on SabrangIndia.

The Supreme Court has come down heavily on the Gujarat government for a series of decisions regarding fire safety that appear to be contempt of court. The court also appeared flummoxed at the state government’s decision to submit its report in a sealed cover.

“What is this report in sealed cover? It is not a nuclear secret,” Justice DY Chandrachud was quoted as saying by Bar&Bench. Justice Chandrachud was hearing the case along with Justice MR Shah. The court also took umbrage to the state government’s decision to issue an executive notification that hospitals will not be required to adhere to fire safety norms till 2022.

The Bench slammed the state government, reportedly saying, “Once a mandamus is there, it cannot be overridden by an executive notification like this! You now give a carte blanche and say hospitals don’t have to adhere till 2022 and people will continue dying and be burnt…”

The Court has hearing a suo moto case concerning fire tragedies at Covid Hospitals after two cases in Rajkot and Ahmedabad. SabrangIndia had previously reported on the fire that broke out in the Intensive Care Unit (ICU) of Ahmedabad’s Shrey Hospital leading to the deaths of eight Covid-19 patients on August 6, 2020. Advocate Suhel Tirmizi, whose wife Ayesha was one of the victims, had filed a PIL demanding accountability be fixed on various state and hospital authorities. Then in November 2020, another inferno, this time at a Rajkot Covid care hospital claimed five lives.

Two significant orders by the Gujarat HC

Following this, the Gujarat High Court had passed two significant orders. On December 15, 2020, while passing orders in a batch of Public Interest Litigations (PIL) in connection with the Shrey Hospital fire case, the Gujarat High Court had made a series of pertinent observations and passed orders that are bound to have a far-reaching impact.

The court ordered the State of Gujarat “to enact a consolidated Code/Act/Guidelines for fire safety requirement for clinical establishments/hospitals of all kinds setting out minimum standards of fire safety standards to be maintained by clinical establishments/ hospitals such as across the State of Gujarat.” It also directed the state government “to frame rules and guidelines for fire safety in ICU wards of the hospitals.”

It further ordered all respondent authorities “to comply with the provisions of Gujarat Fire Prevention and Life Safety Measures Act, 2013 strictly in clinical establishments such as Hospital/Nursing Homes/ School buildings of the city of Ahmedabad.”

Significantly, it also directed respondent authorities “to make mandatory installation of sprinkles and a fire extinguisher in every room/ward of every Hospital/Nursing Home irrespective of its height with a view to protect lives of innocent and infirm patients who are not capable of escaping any disaster in case of emergency situations.”

Then on February 26, 2021, the court ordered that all Municipal Corporations mentioned in the PIL be served notice. It further ordered, “We direct all the Municipal Corporations to place on C/WPPIL/118/2020 ORDER record by way of an affidavit, a list of all the high rise buildings

-15 metres and 18 metres in height, special buildings, schools, hospitals, industries and factories within the jurisdictional limits of all the Municipal Corporations :

a. Which have a valid and subsisting No Objection Certificate with regard to the Fire Prevention and Protection Systems in the State of Gujarat ;

AND b. Which do not have a valid and subsisting No Objection Certificate with regard to the Fire Prevention and Protection Systems in the State of Gujarat”

The Court had ordered, “Ahmedabad Municipal Corporation is directed to place on record by way of an affidavit, the details of all the private hospitals which have not complied with the directions issued in Paragraph No. 23(14) of our earlier Order dated 15.12.2020” and that it was “directed to place on record the photocopies of the No Objection Certificates issued to all the hospitals located within the jurisdictional limits of Ahmedabad Municipal Corporation signed and certified by the Competent Authority within a period of 10 days from the date of the receipt of this order. One set of such photocopies shall also be furnished to the party-in-person.”

Specifically, when it came to reopening the Shrey Hospital, the court had on February 26, 2021 ordered, “The Ahmedabad Municipal Corporation is directed not to remove or open the seals applied at the premises of the Shrey Hospital without the permission of this Court and shall not permit the Management to once again start with the functioning of the Hospital without the permission of this Court.”

The case in the Supreme Court

Following the Rajkot fire at the Uday Shivananda Hospital the SC took suo moto cognizance, and in the case titled, In Re: Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in the Hospitals, etc., asked the government via an order passed on December 9, 2020, to submit a report comprising data from all states on fire safety audits carried out in hospitals.

Meanwhile, little changed on the ground as yet another fire broke out in the ICU of the Bharuch Welfare Hospital in May this year, killing 18 people. Meanwhile, the Gujarat government issued an executive notification that gave a virtual carte blanche to hospitals by allowing them to function without adhering to fire safety norms till June 2022, and that no action will be taken against them till then. Given the number of lives lost and the direct involvement of the highest court in the country, this notification showcased the Gujarat government’s impunity.

Bar&Bench quoted Justice Shah as saying, “40 hospitals in Gujarat were held liable and they came to High Court. Later, government order was that no action should be taken against hospitals for violation of fire safety. Such an order is a contempt of this court.”

The case has been adjourned for two weeks.

To be updated with order copy.

Related:

Guj HC slams state gov’t for lax attitude to fire safety
Gujarat: 18 Covid patients killed in Bharuch hospital fire!
Shrey Hospital Fire: Guj HC bats for greater accountability
SC takes suo moto cognisance of Rajkot Covid Hospital fire
Shrey Hospital Fire: Four months on, no evidence yet!
8 killed in Ahmedabad Covid-19 Hospital Fire
Another fatal inferno in Gujarat Covid hospital!

The post Guj gov’t faces heat for submitting report on fire safety in hospitals to SC in sealed cover appeared first on SabrangIndia.

After the Gujarat government tried to “discreetly” move High Court on Monday, allegedly without informing lawyers of the litigants in the case or even the amicus curiae, it has emerged that the Gujarat government had allegedly tried to downplay the malaise in the healthcare system.

The Indian Express reported that in the application moved before the court on May 25, which was incidentally a holiday on account of Eid, the Gujarat government has allegedly said, that Ahmedabad’s Covid-19 situation was at least better than Italy or France. The government application reportedly said, “…the rise in the number of Covid-19 cases has been substantially slow in the state as compared to the said countries.” It added, “Similarly, the number of deaths has been substantially less in Gujarat as compared to Italy and France.”

The comparison to Italy and France was drawn because of a similarity in population size. Gujarat has over 6 crore people. As per the Gujarat Government’s own Covid-19 portal, at the time of publishing this story, total confirmed cases stood at 14,891, out of whom 7,139 people had recovered and 915 people had succumbed to the virus. Based on these figures, the death rate (number of dead vis a vis number of infected) stands at 6.17 percent.

Looking at the figures for Ahmedabad, a city with over 55 lakh people, we find that so far there are 10,841 confirmed cases out of which 4,623 people have recovered and 745 people have died. Based on these figures, the death rate is 6.87 percent.

When it comes to Italy, a country of over 6 crore people and therefore comparable population, there are over 2,31,000 confirmed cases of which over 1,45,000 people have recovered so far. Italy has reported close to 33,000 deaths so far. The death rate therefore stands at a higher 14.28 percent.

In France, a country of nearly 7 crore people, total number of confirmed cases stands at over 1,46,000 cases, out of whom over 65,000 have recovered and over 28,500 people have succumbed to the disease. Thus, their death rate stands at 19.52 percent.

While it is easy to draw comparisons based on size of population and claim victory despite the said countries have better healthcare facilities, it is important to note that the only relevant statistics that need to be compared pertain to number of people tested.

According to the Gujarat government’s Covid website (https://gujcovid19.gujarat.gov.in/), the state has tested 1,98,313 people so far. A total of 74,319 people have been tested in the city so far in Ahmedabad. Meanwhile, according to worldometers.info Italy has tested 35,39,927 people and France has tested 13,84,000 people so far.

When more people are tested, more incidences of the disease can be diagnosed and treated. Often people who are asymptomatic could carry the virus and while they may not succumb to it, they can easily pass the disease to others who may be more vulnerable on account of reduced immunity, age or comorbidity factors.

Therefore, comparing Gujarat or Ahmedabad to Italy and France is not only an example of comparing apples to oranges, but also suggests that the administration is more interested in image management than actually improving healthcare infrastructure.

Even in its previous report in response to a May 16 HC order, the Gujarat government had squarely blamed private hospitals for refusing to become Covid care facilities and thereby placing a strain on the government’s resources. But that did not impress the High Court as it failed to explain the shoddy infrastructure in and poor management of government run facilities in the first place. A case in point was the number of deaths and poor infrastructure in Ahmedabad Civil Hospital. In a May 22 order, the Gujarat High Court had described the Ahmedabad Civil Hospital as “as good as a dungeon, maybe even worse”.  

In fact, after the special hearing on Monday, the Gujarat HC put authorities on alert saying, “We sound a note of caution. The superintendent of the Civil Hospital and other authorities of the Health Department of Gujarat shall keep themselves ready to find our presence one fine morning on a given day in the Civil Hospital.”

The matter of ‘faulty/fake’ ventilators is still fresh as it turns out Dhaman-1 ventilators, donated to the hospital by a Rajkot based businessman, were allegedly not ventilators at all but a type of Artificial Manual Breathing Unit (AMBU) bags. The controversy had erupted when these ‘made in India’ ventilators proved ineffective in the care of Covid-19 patients. It also emerged that they had not only been inadequately tested, but also lacked certification from the Drug Controller General of India (DGCI).

Amit Chavda, president of Gujarat Pradesh Congress Committee (GPCC), who has been spearheading the campaign against the allegedly ‘fake’ ventilators tweeted that the hospital superintendent had also accepted that their performance was not up to the mark.

#Fake_Ventilators_Reality_check
आज वडोदरा कांग्रेस टीम द्वारा GMERS #कोविड हॉस्पिटल की मुलाकात के वक्त सुप्रिटेंडेंट द्वारा स्वीकार किया गया के #धमन1 पूरी तरह से ठीक काम नहीं कर रहा है ,@vijayrupanibjp @Nitinbhai_Patel जी #धमन1 के द्वारा लोगो की जान से खेलना बंध करो । pic.twitter.com/r3LGTPUAF8

— Amit Chavda (@AmitChavdaINC) May 25, 2020

He told Indian Express, “The doctors at the civil hospital have clearly accepted that Dhaman-1 is not a ventilator but an AMBU (Artificial Manual Breathing Unit) bag that they are using to provide oxygen supply. They confirmed that they cannot use Dhaman-1 as a ventilator and still, the chief minister has been stating the contrary, a false claim that Dhaman-1 is a ventilator.”

In its May 22 order, the Gujarat High Court had also pulled up the state government on the subject of ventilators at the Ahmedabad Civl Hospital saying, “We wonder how many times the Chief Secretary of the Health Department has paid visit to the Civil Hospital? Is the State Government aware of the hard fact that the patients at the Civil Hospital are dying because of lack of adequate number of ventilators? How does the State Government propose to tackle this problem of ventilators?”

Related:

Ahmedabad Civil Hospital “as good as a dungeon”: Guj HC slams state gov’t
Fake machines, theft and apathy mar Gujarat’s Covid-19 fight
Gujarat reopens: Have economic considerations overtaken health concerns?
Healthcare crisis brewing in Ahmedabad

The post Is it enough to be ‘not as bad as Italy or France’? appeared first on SabrangIndia.

Rohit Prajapati, Environmental Activist, Researcher and Writer, along with other environmental experts and educationists, has drafted a letter to the Municipal Commissioner of the Vadodara Municipal Corporation and officials from other ministries like the Ministry of Jal Shakti Shram Shakti Bhawan’ Ministry of Environment, Forests and Change; Urban Development and Urban Housing Department of Gujarat, Gujarat Pollution Control Board and other officials of the Gujarat government to act immediately in-order to prevent anticipated disasters like flooding and water logging due to deliberate negligence regarding the reclamation of ravines, water detention areas under the pretext of ‘low lying areas’ or blaming heavy rainfall, and debris dumping. 

The subject of the letter clearly states that the government of Gujarat will be liable as individuals to compensate if any damage is done to the environment and the affected communities.

The letter reads, “Amidst the (Covid-19) chaos and uncertainty, the governmental powers and the related administrative mechanisms have again chosen to assert their top down development decisions, which are not thought through or rely on the latest sciences or techniques, and are imposed on the citizens without even giving proper information, let alone without authentic and proactive participation. This is proven by the issuance of the rushed tender for the “the consultancy for preparation of Detail Project Report for Master Planning of Rejuvenation and Flood Mitigation for the Vishwamitri River (Vadodara) from the origin of the river (Pavagadh) to end point of the river (Gulf of Khambhat)”. The Concerned Citizens of Vadodara have conveyed their staunch concerns and reservations against this covert action through a letter dated 17.04.2019.”

The signatories of the letter appreciate the government’s measures to curb the pandemic in India, but question their lack of vigor and diligence in the case of the case of recurrent and anticipated disasters like flooding and water logging.

They say, “The Vadodara Municipal Corporation, has sat on our letters since 2017 (see Reference Number 13) and has done nothing significant to address the issues. If the city of Vadodara does not wake up and begin the technically and ecologically sound pre-, during, and post- measures for reclaiming and restoring the ravines and water detention areas filled with construction debris and all kinds of solid waste and sorting, recycling and upcycling the removed materials (resources), we are headed for another episode of disaster and damage due to water-logging and floods during the upcoming monsoon of 2020. We all must address the so-called “flood” issue by treating not its symptoms but root causes. This is the real work that has been deliberately ignored.”

The signatories also categorically said that the current nonchalance being displayed by the system would not affect the elected officials or bureaucrats with a staff to take care of their wants. Poor people pay the heaviest price of such criminal negligence by the concerned authorities.

In addition to the existing issues, they also want to draw the attention of the authorities to newly emerging crucial issues related to rapid “development” works that need serious action.

They write, “The ravines and wetlands are being systematically destroyed and filled with debris and municipal solid waste in order to reclaim land for further “development”. This will further exacerbate the already existing waterlogging and flooding woes in various parts of the city.”

They say that tasks of rapid development are going to be altering nature-made morphology as well as natural functions of the river system by either narrowing the section of the river, straightening of the meanders, modifying the natural topography along the banks, clearing of vegetation, and increasing impervious surfaces.

They explain, “The ravines and wetlands are nature’s water management mechanisms, which act like shock absorbers, natural sponges, by detaining the inundation of waters in the river during monsoon,” adding that actions of development are “modifying the soil structure, its interactions with water and other bio-geo-chemical processes along the riparian zones, and aggravates the threat of disasters such as floods and water logging.”

Even after constant pressure, there has been no remedial action from the government. The practice of dumping in the ravines still continues, despite laws and court orders. These activities are in gross violation of The Wildlife (Protection) Act, 1972, Environmental Impact Assessment Notification, 2016 under the Environment (Protection) Act, 1986, The Environment (Protection) Act, 1986, The Wetlands (Conservation and Management) Rules 2010, The Solid Waste Management Rules, 2016 and The Construction and Demolition Waste Management Rules, 2016.

They clarify, “We once again bring to your notice that the above-mentioned activities are in deliberate and blatant violation of the Order dated 25.05.2016 of the National Green Tribunal in Application 49 of 2016 (Rohit Prajapati and Anr V/s Secretary MoEFCC & Ors). We would like to make it very clear once again, that this order does not prevent you from removing the debris from the banks of Vishwamitri River, its tributaries, wetlands and ravines. Please do not deliberately misinterpret the Order, which will also amount to the contempt of the Court.”

Their key message to the authorities is, “It is high time we recognize the realm of the river system as a whole and duly vacate our encroachments form its bio-physical environs. It is important to reiterate that the restoration of the river, ravines, ponds, wetlands, and such must be done systematically, scientifically, and in an ecologically sound manner and ensure healthy and well-functioning ecosystems, including the habitats of the riverine flora and fauna.”

In light of this, they have placed their demands to the government as below.

1.       Implement immediately, in letter and spirit, ‘The Construction and Demolition Waste Management Rules, 2016’ and ‘The Solid Waste Management Rules, 2016’.

2.       Implement immediately all the directions mentioned in the reference given by the MoEFCC, GPCB and others.

3.       Ensure devising and implementation of proactive and sound Action Plans for proper and well-monitored remediation, restoration, and future waste management by sorting, recycling, reusing, and upcycling.

4.       Establish a semi-statutory body, with legal teeth, that would include subject experts (ecologists, geologists, hydrologists, environmental / ecological planners, wetland specialists, landscape architects, legal and legislative specialist, investors) as well as knowledgeable and experienced members of the community at-large, to guide and monitor the remediation of the damage done and new development initiatives that the government would undertake proactively to improve the quality of the local ecosystems and lives of the citizens of Vadodara.

5.       Establish a fully functional, effective, and knowledgeable Urban and Environmental / Ecological planning Department in the VUDA and/or VMC that also includes experts from various related fields (such as ecologists, environmental and civil engineers, and landscape architects) for ensuring better plans and detailed designs for the city.

6.       Make detailed action plans for restoring and maintaining the river, the tributaries (nalas), ravines, ponds and wetlands so as to ensure their natural functioning and monitoring year round.  

7.       Prepare immediately, technically correct and accurate contour survey, digital elevation models (DEMs), plinth levels, and other physical and biological factors, with advise from experts, for the entire VMC and VUDA areas.

8.       Plan and design all physical and infrastructural interventions, including roads and other structures, seriously and scientifically considering the above stated data and adopting participatory methods.

9.       Prepare Disaster Mitigation Plans for the city by using the landscape and ecosystem approaches right from the origin of River Vishwamitri and include all the villages and towns in the watershed of this river.

10.   Revisit and revise all the so-called “beautification” plans and projects.

11.   Set up a recycling and upcycling plant, at the earliest, to treat the debris (concrete waste and other household waste) and convert it into a usable form.

12.   Implement appropriate rainwater harvesting structures as per the micro-level geology-hydrology of the area to harvest the excessive water available while maintaining the e-flow of the river and natural water bodies.

13.   Make the satellite images of the past and recent floods and other relevant information and data available in the public domain. This should display all areas covering the entire VMC and VUDA that get waterlogged, flooded, and dumped or encroached upon in the entire city.

14.   Mobilize and commit enough funding to fulfill the above demands / objectives for a better city.  

15.   Redefine administrative boundaries (like wards and districts) according to the boundaries of watersheds and sub-watersheds.

16.   As a significant first step, the GPCB, the VMC, and the Collector’s Office together must chart a plan of action for a. before, b. during, and c. after phases of debris and solid waste removal from the ravines and low-lying areas, both at the city and district levels.

The signatories write that they look forward to a positive response from the authorities and discuss the issues stated in the letter. They say, “We sincerely hope that all the concerned and responsible government authorities, that aspire to make Vadodara a “Smart City” will go beyond such labels and strive to work with us to make Vadodara a timeless, healthy, and happy city and eco-region will heed to our inputs and demands at the earliest possible.”

The entire letter may be read below.

Related:

BREAKING: CJP helps in getting 9 people released from Assam Detention Camps
Right to dissent is at the core of democracy

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In a recent audit report by Comptroller and Auditor General of India (CAG) for the year ended March 2017, it revealed how Gujarat government under-utilized Rs. 3500 crore funds for implementation of Right to Education Act.
 
The CAG has also revealed that 12.80 to 15.11 per cent of children in the age group of 6-14 years were not enrolled in any school in the state during 2012-17. But the state government could only identify between 2.72 to 6.12 per cent of children as “out of school children” during the same five years.
 
CAG has expressed its dissatisfaction with the state in proper implementation of RTE Act, also known as the Right of Children to Free and Compulsory Education Act of 2009.
 
The report further stated that the monitoring mechanism of the state was weak as Block Resource Centre Coordinators or Cluster Coordinators had not conducted the prescribed number of inspections of schools.
 
The State Advisory Council met only twice against 16 meetings to be held between 2013 to 2017, the report added.
 
The CAG report has stated that 359 eligible children belonging to weaker sections and disadvantaged groups were denied admission during 2016-17 by the district authorities in Surendranagar district alone.
 
CAG has given a few recommendations to the Gujarat government regarding education, “The state government should conduct an annual survey to identify children in the age group of 6-14 years and enroll them in schools. The state government may ensure that the provisions of the RTE Act regarding admission under 25 per cent quota in all the unaided schools are adhered to in letter and spirit.”
 
“Government did not print and provide Braille books to visually impaired students during 2014-16. 63% of hearing and impaired students were provided with hearing aids during 2012-17. The targets allotted were much lower than the actual seats available for admission. State advisory council met only twice against 16 meetings to be held during 2013-17. Delay in reimbursement to schools. In two such districts, the authorities had not reimbursed Rs 91.28 lakh payable to 377 unaided schools. Recurring expenditure of Rs 1.28 crores unpaid for 4260 students,” were some of the startling revelations noted by DNA.
 
“On RTE Act’s clause for establishment of neighbourhood schools and transportation facility, the CAG report stated that the state government mapped schools in 2011-12 and found the requirement of 201 schools to meet the neighbourhood school norm. “Of these, only 25 schools have been established and made functional as of March 2017. As a result, the number of students identified to be provided transportation facilities due to non-availability of schools in the neighbourhood increased three times from 51,653 in 2012-13 to 1,41,854 students in 2016-17,” the report by Indian Express stated.
 
Further, during the audit, it was revealed that several primary and upper primary government schools were functioning without any teacher during 2012-17 as against the minimum requirement, it stated.
 
“On the other hand, in the “test-checked” districts, the audit found surplus teachers in 275 primary schools (349 teachers) and 924 upper primary schools (1105 teachers). “The state government could have utilised these surplus teachers in schools which did not have or which had less number of teachers. Thus, even after a lapse of more than seven years since implementation of the RTE Act the state government failed in ensuring maintenance of pupil- teacher ratio as mandated by the Act,” the report by IE pointed out.
 
The prescribed pupil-teacher ratio in Gujarat was not achieved in 1,156 out of 10,531 primary schools and 3,098 out of 22,234 upper primary schools as on March 2017. As per the pupil-teacher ratio prescribed under the RTE Act, there should be at least two teachers in a primary school and three teachers in upper primary schools.
 
Further, the audit found that the local authorities had not provided training to 90,789 (27 per cent) of the 3,41,157 out-of-school children during 2012-17. “Thus the objectives of the Act of increasing the competency level of out of school children for their mainstreaming in appropriate class remained unachieved,” the report stated.
 
It also observed that the State Advisory Council met only “twice” against 16 meetings to be held during 2013-17.
 

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Sardar Sarovar dam
 
In a major relief to landowners displaced by the Sardar Sarovar project, the Supreme Court has directed the Gujarat government to pay Rs. 60 lakh for each of the project affected persons (PAFs) from neighbouring Madhya Pradesh who had refused to accept the meagre amount offered of Rs. 5.58 lakh offered to them in 2005 as Special Rehabilitation Package (SRP) for up to 2 hectares of land.
 
The SC has also directed that the same amount be paid to those among the displaced landed who had accepted 50% of the package SRP amount but never received the  compensatory land they were entitled to under the SRP.
 
As for the 1589 PAFs who had accepted the entire SRP amount but were duped by the Registry scam as unearthed by the Justice Jha Commission, are to receive 15 lakh rupees each.
 
The Gujarat government which has been asked to pay up the compensation totalling to about four hundred crores within the next two months welcomed the court order.
 
While welcoming the verdict of the apex court, the Narmada Bachao Andolan which was the main petitioner in the case along with the PAFs, has stated in a press release that it will continue to press for adequate relief to the landless, the fishermen and the local shopkeepers whose livelihoods depended on the local economy of the lands since submerged under the Sardar Sarovar dam.
 
The governments of Maharashtra and Gujarat have also been directed to complete rehabilitation of the project affected families.
 
The Grievance Redressal Authority has been directed to ensure the provision of civic amenities at the relief rehabilitation sites, especially in MP. Those who receive cash as per the apex court orders are to leave the disputed land by July 31.
 
 

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Such is the advisory put out in the public interest by the Gujarat Gauseva and Gauchar Vikas Board, a government body, the Times of India has reported.

The Aarogya Geeta, while elaborating on the importance of cow urine, claims that sprinkling of cow urine can protect one from “evil forces like Dracula and Satan”. The great thing, we are told, is that gau mata’s beneficence is for all: religion, race or nationality no bar.

The advisory states, “Many diseases occur if evil forces or ghosts enter the human body . These are called Bhootmishtang diseases in the shashtras.”

Explaining how cow urine can combat the diseases caused by supernatural forces, the Aarogya Geeta says, “Lord Shankar is the god of all ghosts and the Ganga lives in his hair. Nandi (the holy bull in Hindu belief) is a vehicle of Lord Shankar”. “Cow urine contains the Ganga. Ghosts run away from cow urine because Nandi was the son of Gau Mata or mother cow,” elaborates the advisory.

The full report in the Times of India may be read here.
 

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The state government will finally file an affidavit in the explaining its stand on the appointment of DGP P P Pandey as in-charge police chief. Pandey’s elevation for the top job has been challenged by the ex-DGP Julio Ribeiro in the HC. Ribeiro has sought interim relief by removing Pandey from the post.

During the third hearing of the PIL on Wednesday public prosecutor Manisha Lavkumar told the division bench led by Chief Justice R Subhash Reddy that the state will file an affidavit by Friday. The bench adjourned the hearing for a week. Last month when the PIL came up for hearing the Court had asked the public prosecutor to take instruction from the state.

The PIL has challenged Pandey’s appointment mainly on the ground that being a chargesheeted accused in Ishrat Jahan fake encounter case Pandey should not have been given the job. “Such an additional charge is against the doctrine of public trust, is against the law and express guidelines of the Supreme Court,” the PIL has stated.

It further says, “…the police force of a state can’t be headed by a person accused of extremely serious offence of murder of four persons, especially, when the trials are yet to begin. In a sense, such an appointment is itself a breach of law, being arbitrary and in violation of Article 14 of the Constitution of India.”

In the brief hearing today, Ribeiro’s lawyer I H Syed argued that according to the Supreme Court guidelines, only an impeccable officer should be appointed as a DGP of a state and not the one who is facing serious criminal charges. He said that Pandey has been charge sheeted for wrongful confinement, abduction and murder of four people.
 
At the last and second hearing of thr PIL against the Gujarat Government's controversial decision to appoint a man with serious criminal charges as top policeman in the state, thr Gujarat High Court today directed the state to seek "instructions" by the next date. Yet, the government had found no time to file a reply.

PP Pandey had obtrained permission from a lower court to travel to the USA..

In the one week since the case filed on behalf of former Ambassador to Romania,Julio Ribeiro and argued by Rahul Sharma was heard on April 29, the GOG had not bothered to instruct its counsel.

The petition can be read here.

Here is a brief chronology of the case.

Chronology

15.06.2004    
Four persons, including Ishrat Jahan, a 19-year-old girl named, were killed in Ahmedabad. This has been alleged to be an encounter with police officers of the Detection of Crime Branch (DCB), Ahmedabad City involved as accused. An offence, vide Ahmedabad City DCB PS I CR No. 8/ 2004, was registered against the four deceased persons.

08.06.2006             
The Investigating Officer (IO) filed a final report under section 173 of the Code of Criminal Procedure (CrPC) in the POTA Court at Ahmedabad

07.07.2006             
The POTA Court at Ahmedabad did not approve the final report and directed further investigation.

18.12.2006              
The  Gujarat Hon’ble High Court admitted Special Criminal Application No. 822 of 2004, filed by Mrs Shamima Kauser, mother of Miss Raza Ishrat Jahan, one of the deceased, stating that the police had killed her daughter in a fake encounter, and also praying for a transfer of the investigation to the CBI.

13.08.2009             
The  High Court  passed an order in the Special Criminal Application No. 822 of 2004, resulting in the constitution of a Special Investigation Team (SIT) comprising (i) Shri Pramod Kumar, ADGP, (ii) Shri Mohan Jha, Inspector General of Police (IGP), and (iii) Shri JK Bhatt, Deputy Inspector General of Police (DIGP), for further investigation of DCB PS I CR No. 8/ 2004.

07.09.2009             
SP Tamang, Metropolitan Magistrate, Court No. 1, Ahmedabad concluded the inquiry under section 176 CrPC and submitted his report to the Chief Metropolitan Magistrate , Ahmedabad. In the inquiry report, the Metropolitan Magistrate had held that the actions amounted to an extra-judicial killing and, moreover, that the concerned police officers had committed premeditated murder of the deceased persons with the motive of earning favour and appreciation of the Chief Minister.

09.09.2009     
G.L. Singhal –one of the police officers indicted –filed Criminal Miscellaneous Application No. 10624 of 2009 in the  High Court of Gujarat and tried to get a stay on the the operation of the report dated 07.09.2011 of SP Tamang, Metropolitan Magistrate, and to declare it as null and void. Simultaneously, G.L. Singhal also filed Criminal Miscellaneous Application No. 10621 of 2009 to be impleaded as a party in the proceedings of Special Criminal Application No. 822 of 2004.
The State of Gujarat also filed Criminal Miscellaneous Application No. 10625 of 2009, in Special Criminal Application No. 822 of 2004, contending that the inquiry report dated 7.9.2009 of the Metropolitan Magistrate was without jurisdiction.
After hearing these applications, the Hon’ble High Court  stayed the inquiry report dated 07.09.2009 of the Metropolitan Magistrate, and directed an inquiry against the Metropolitan Magistrate.

19.04.2010              
The Supreme Court set aside the order of the High Court order dated 09.09.2009 and requested the Chief Justice of Gujarat High Court to constitute a Division Bench for final hearing of the said matter.

12.08.2010              
The Division Bench of the  High Court heard all the petitions filed by parents of two of the deceased persons, viz. Ishrat Jahan and Javed @ Pranesh Pillai, State of Gujarat, and some police officers involved in the purported encounter, and, directed transfer of the investigation to the SIT headed by Shri RK Raghavan, which was formed by the Supreme Court for investigating some of the cases related to riots in the year 2002.

24.09.2010             
The Division Bench of the Hon’ble High Court of Gujarat reviewed it’s order dated 12.08.2010 and constituted a Special Investigation Team (SIT) for the investigation of Ahmedabad City DCB PS I CR No. 8/2004 (Ishrat Jahan Encounter Case), as per judgment and order in Criminal Miscellaneous Application No. 9832 of 2010 in Special Criminal Application No. 1850 of 2009 with Criminal Miscellaneous Application No. 10621 of 2010.

08.04.2011              
The  High Court, in the proceedings monitoring the investigation, expressed serious displeasure on a complaint that was filed against a member of the SIT in the aftermath of the seizure of concealed evidence from the State FSL on 03.03.2012. It also directed the State to transfer within a week P.P. Pandey, then ADGP CID (Intelligence), and others as per the earlier requisition of the SIT in pursuance of the directive dated 28.01.2011 of the  High Court.

21.04.2011              
The Gujarat High Court observed in the hearing of matters relating to Ishrat Jahan Encounter Case that there appeared to be State complicity in disobeying the earlier orders of the Court for transferring P.P. Pandey, now ADGP CID (Crime) and then ADGP CID (Intelligence), and others from their positions as per directions issued on 28.01.2011 by the Court.

15.07.2011              
The  High Court observed in para 11 of its order in matters regarding Ishrat Jahan Encounter Case that witnesses were being made to retract during ongoing investigation, and that “SIT shall ensure that appropriate protection is extended to the witnesses and if any requisition is made by SIT to the State for providing extra protection to the witnesses, the same shall be made available by the State Government.”

05.08.2011              
The  High Court observed in para 4, 5 and 7 of its order in Criminal Miscellaneous Application No. 10011 of 2011, which was in connection with the matters of Ishrat Jahan Encounter Case, that the contention regarding State sponsored obstruction of the investigation had considerable substance.

21.11.2011               
The High Court of Gujarat declared in the open Court the SIT’s unanimous finding that the Ishrat Jahan Encounter Case was a case of fake encounter and indicated that a fresh offence under Section 302 etc. of IPC and other applicable sections of law shall be registered against the police officers involved in the case.

01.12.2011               
Judgment and order was passed by the High Court of Gujarat in Criminal Miscellaneous Application No. 15981 of 2010, in Criminal Miscellaneous Application No. 9832 of 2010 with Special Criminal Application No.1850 of 2009, directing, inter alia, that the SIT shall file a complaint with the CBI against those responsible for the fake encounter, and that the CBI will investigate the case thereafter.

15.12.2011               
The SIT filed an FIR with the CBI, New Delhi, under Section 302 of IPC against concerned persons including P.P. Pandey, IPS, then Additional Director General of Police, CID (Crime), Gujarat State. Accordingly, CBI case bearing RC-BS1/S/2011/0005/Mumbai under sections 302, 364, 368, 346, 120-B, 201, 203, 204, 217, 218 of the IPC, and sections 25(1)(e), 27 of the Arms Act, was registered on 16.12.2011. Shri P.P. Pandey was arraigned as accused no. 3 in the FIR so registered.

02.05.2013             
Warrant u/s 70 CrPC was issued by the court of the Additional CJM, CBI court no. 2, Ahmedabad, for the arrest of P.P. Pandey, since he reported sick from duty and became untraceable since 20.04.2013 and did not comply with two notices issued under section 41-A of CrPC for remaining present before the CBI-SIT.

11.06.2013              
Writ Petition (Criminal) No. 95 of 2013, filed by the absconding accused, P.P. Pandey, in the Supreme Court of India praying for quashing the FIR of the CBI  case No RC-BS1/2011/S/0005/Mumbai, and seeking protection against his arrest, etc, was dismissed by the Hon’ble Supreme Court. Subsequently, a proclamation u/s 82 CrPC was issued against him by the Additional CJM, CBI Court No. 2, Mirzapur, Ahmedabad.

03.07.2013             
CBI filed charge-sheet against P.P. Pandey, a proclaimed offender, and others for offences punishable under sections 302, 364, 368, 346, 120-B, 201, 203, 204, 217, 218 of Indian Penal Code and 25(1)(e), 27 of Arms Act.

August 2013          
P.P. Pandey surrendered to CBI Court in Ahmedabad. Sent to police remand and then to judicial custody.

February 2015      
P.P. Pandey released on bail, and within four days of his release was reinstated by the State of Gujarat in service and posted as Additional DGP (Law and Order).

April 2015      
P.P. Pandey was not promoted as DGP when his juniors in service were promoted to the rank of DGP.

He was subsequently promoted and posted as DGP (Law and Order).

February 2016      
Shri P.P. Pandey was transferred and posted as Director, Anti Corruption Bureau.

15.04.2016      
Shri P.P. Pandey has been given additional charge of the post of DGP, Gujarat State, vide the impugned order passed by the State of Gujarat.
 
29.04.2016
PIL filed by Julio Ribeiro in the Gujarat High Court challending the appointment on legal and moral grounds.
 

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The Union home ministry has approved a request by the Gujarat chief minister to restart disciplinary proceedings against an outstanding IPS officer of the Gujarat cadre, Rahul Sharma, who in sheer disgust took voluntary retirement last year and is now a practicing lawyer in Gujarat. The state government is bent on initiating punitive measures against Sharma for allegedly not responding to show cause notices issued to him on petty grounds.

When contacted for his comments, Sharma told Sabrang India that he had not yet received any communication from the government. In any case if reports in a section of the media are true, it pertains to a minor matter, he said, adding, “I will fight it out”.

The latest petty move against Sharma is one more example of what is often said about Modi: he never forgets, he never forgives.

Ever since former Gujarat chief (and home) minister Narendra Modi moved to Delhi in 2015 to occupy the PM’s chair, the Union home ministry and the Gujarat government seem to be acting in perfect sync. At least this is so when it comes to vindictive action against all those, including police officers, who did not see the state-sponsored 2002 communal carnage in Gujarat through Modi’s eyes.

The latest petty move against Sharma is one more example of what is often said about Modi: he never forgets, he never forgives.

Either an effective communication channel is in place between the PMO and the Union home ministry, or the bosses in the latter ministry are very good at reading the PM’s mind. PM Modi does not seem to have forgotten Sharma who, to the great annoyance of Modi and his sangh parivar, insisted on behaving as a loyal upholder of the Indian Constitution instead of acting at the behest of the political masters. How then can the Gujarat government forget Sharma?

On January 28, 2016, disregarding a severe reprimand from the Central Administrative Tribunal (CAT) five days earlier quashing the charge sheet filed by the Gujarat state home department against Sharma as “tainted by mischief” and “coloured by malafide”, the home department had issued a fresh show cause notice to him asking him to explain why action should not be taken against him for making “unnecessary” payment of a little over Rs 3,000 to his driver and gunman while in service.

Sharma was charge sheeted in January 2011, while the investigations into the Zakia Jafri case were still being conducted by the Special Investigation Team (SIT), soon after he had met the Amicus Curaiae, Raju Ramachandran. The Zakia Jafri criminal complaint seeks to prosecute those in positions of power, politically and administratively, for acts of commission and omission in the handling of the violence in 2002. The matter is presently being heard in the Gujarat High Court.

As reported by Sabrang India, in their speaking order delivered by Dr KB Suresh and KN Shrivastava of CAT had declared that the charge sheet against Sharma “is tainted by mischief, mala fides and malice and coloured by arbitrariness, illegality and designed to defeat proximate and pertinent matters blessed by constitutional compulsion and designed as an engine of oppression”. The motive behind the issuance of the charge sheet was to suppress the mobile tracking records in the CD which in turn was to benefit the actual perpetrators of brutal and violent crimes through which hundreds of innocents died a needless and violent death. The full text of the CAT order may be read here.

What obviously riled the Gujarat government (and the Union home ministry) is the fact that early this month, the Gujarat High Court directed the state government to respond to a PIL filed by retired ‘supercop’ Julio Ribeiro challenging the government’s decision to appoint as the acting head of the state police, PP Pandey who following a High Court appointed investigation had only a fortnight earlier been charge-sheeted by the CBI for offences under the Arms Act and for offences of abduction, wrongful confinement, and premeditated murder of four persons.

The lawyer who argued Ribeiro’s PIL was none other than Rahul Sharma.

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The people of Gujarat, especially Kutch and Saurashtra, have been victim to a relent
 less cycle of natural disasters: two cyclones, in 1998 and 1999, coupled with two successive years of drought. The present earthquake was of unprecedented intensity and the tragedy has raised legitimate questions about the quality and efficacy of government response related to disaster management.  A significant aspect of disaster management relates to responses to warnings of imminent disasters. 

Reports compiled by the Earthquake Affected Relief and Rehabilitation Services (EARRS), Ahmedabad indicate that several such signals that even appeared in the media four months ago, were ignored

Reports from newspapers of Sept. 2000:

Major quake may follow Bhavnagar tremor: Expert 
(PTI) 18 Sept. 2000, The Times of India

MUMBAI: The large number of tremors being felt in Bhavnagar district of Gujarat “may be indications of a possible major earthquake”, according to an eminent geologist. The 11 tremors in five hours on September 12 could be foreshocks which normally precede a major earthquake just as it happened in Killari in Maharashtra on September 30, 1993, said Dr V Subramanyan while delivering a lecture on “Seismic scenario around Mumbai” at the Indian Institute of Geo–magnetism here during the weekend. 

Bhavnagar is geologically identical to Mumbai and both fall under earthquake zone III where quakes of magnitude up to 6.5 were possible, he said. 
The district lies along the Gulf of Khambat which is near Narmada faults, well near Satranj river basin. Subramanyan, currently project advisor of department of earth sciences in IIT Mumbai, said normally the faults, lying quiet for some time, get reactivated suddenly and act as the route for the release of stored pressures. 

Appreciating the Gujarat government’s effort at assessing the strength of the existing buildings and planning to adopt appropriate building technology, he said such studies should be done systematically for posterity since “we have to live with the earthquakes”. Scientific studies have helped to demarcate possible seismic zones through integrated geological and geophysical investigations, he said, adding, “the only thing which can be attempted in seismic zones is to go in for appropriate construction using the right designs for different types of buildings, warehouses, power reactors and dams”. Talking about prediction and prevention of earthquakes, Subramanyan said the scientific community was still not in a position to predict earthquakes. 

“It is because there are many factors we do not know, like the depths where the pressures build up, for how long they accumulate before getting relieved through earthquakes and where the pressure is built”. 

Earthquakes are brought about by the sudden release of pressures that have been accumulating for a long time inside the earth just like a pressure cooker, he said. Rocks are strong to withstand such pressures for quite some time, but when the accumulating stress exceeds ultimate bearing capacity, then they break by developing “fault” planes — which are actually cracks through which the accumulated pressure is released suddenly generating an earthquake which normally does not last longer than 15 seconds. 

Killer quake feared in Gujarat district 
Thursday 14 September 2000, The Times of India
GANDHINAGAR: Three more mild tremors kept people awake all night in Bhavnagar district as the government prepared on Wednesday to meet any emergency situation in the coastal region sitting on a seismically active faultline. More than 30 mild tremors have been felt in Saurashtra in recent days, raising fears of a major geological activity that could cause death and destruction. 

Experts warned that a ‘’killer earthquake’’ could strike the region anytime as the Bhavnagar–Kodinar faultline seems to have ‘re–activated’. The latest tremors were experienced at around 11.15 pm on Tuesday, and 2.24 am and 6 am on Wednesday. The region was shaken nearly a dozen times on Tuesday.

More than 30 mild tremors have been felt in Saurashtra in recent days, raising fears of a major geological activity that could cause death and destruction.Experts warned that a ‘’killer earthquake’’ could strike the region anytime as the Bhavnagar–Kodinar faultline seems to have ‘re–activated’.
— The Times of India, September 14 , 2000

Three hundred families had been shifted to safer places. Chief minister Keshubhai Patel, in Bhavnagar campaigning for the September 17 civic elections, urged the Centre to rush a team of meteorologists and seismologists to study the phenomenon. Patel also held high–level review meetings of officials here on Wednesday. The state government has sanctioned Rs 50 lakh as contingency relief fund and despatched medical and engineering teams to Bhavnagar. (UNI)
 
Quiet Bhavnagar tremor raises quite a storm: Geologists to study connection with earth-quakes in Turkey, Taiwan
Discussion forum on Local Economy & Politics, 23rd September, 2000 
A team of geologists from Dehradun, Pune and Vadodara will look into whether the tremors felt in Bhavnagar on Tuesday were anyway related to the devastating earthquakes in Turkey and Taiwan. 

On the other hand, principal advisor to the chief minister, PK Lehari, said on Wednesday in Gandhinagar that there was no link between the earthquake that occurred in Taiwan and tremors felt in the Bhavnagar district of the state. Mr Lehari said that Bharuch and not Bhavnagar fall in the earthquake zone. 

Bhavnagar experienced slight tremors on Tuesday afternoon at 12.55 pm in an area of 80 sq km reaching up to Bhal Bhatta area in Alang. The tremors in Bhavnagar on Tuesday followed a severe earthquake in Taiwan where more than a thousand people died. Coincidentally, the earthquake in Turkey about one–and–a–half months back was also followed by tremors in the Bhavnagar city. 

Experts from Dehradun, Pune and Vadodra will also locate the epicentre of eruption in case the city faces a serious threat of earthquake. According to experts in the seismographic research department of the state, an earthquake is generally followed by slight tremors. No official records were taken one–and–a–half months back when the city experienced similar tremors following the Turkey earthquake. 

Gujarat Engineering Research Institute at Vadodara has also been contacted in this connection. According to the Maritime Board of Alang, the intensity of the tremors was greater at the ocean surface and near seashore areas. Similarly, in Bhavnagar, intensity of the tremors was less in rural areas, as a result of which residents have started shifting to villages. 

However, the Bhavnagar district collector, Mr Rajkumar, who was in Gandhinagar on Tuesday, said normal life was unaffected and also no loss of property was reported. 

Archived from Communalism Combat, February 2001 Year 8  No. 66, Cover Story 2

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