On September 26, a day after state minister, Vikramaditya Singh’s announcement regarding the identification rule for eateries, the Himachal Pradesh government distanced itself from his remarks, clarifying that the State Cabinet had yet to take a formal decision on the matter.

#NewsAlert | Himachal Pradesh Government distances itself from MLA #VikramadityaSingh over eateries’ ID rule. This comes after he proposed an Uttar Pradesh-like model for Himachal.

The government says, “Cabinet still to take a decision.”

— NDTV (@ndtv) September 26, 2024

This move came in response to widespread backlash against the Congress-led Himachal government for seemingly aligning with the BJP-led Uttar Pradesh government’s divisive and discriminatory policies. However, it is important to note that while the government has distanced itself from Singh’s comments, it has yet to offer a clear explanation as to why such contentious policies are even under consideration.

On September 25, the Congress-led Himachal Pradesh government mandated all food vendors and eateries in the state to display the names and addresses of their owners, aiming to increase ‘transparency’ for customers. This decision was announced by Himachal Pradesh Assembly Speaker Kuldeep Singh Pathania in a Facebook post following a meeting of the state’s Urban Development and Municipal Corporation on Tuesday.

Pathania stated, “In Himachal, all restaurants and fast-food outlets will now be required to display the owner’s identification to ensure convenience for customers. Instructions for this were issued during yesterday’s Urban Development and Municipal Corporation meeting.”

To ensure proper implementation, a seven-member committee has been formed, including ministers Vikramaditya Singh and Anirudh Singh, according to the New Indian Express. Additionally, new regulations for hawkers will be introduced, requiring them to obtain identity cards.

Framed as a move to ensure transparency and protect public health, this decision mirrors a similar directive by the Bharatiya Janata Party- led Uttar Pradesh government aimed at curbing food adulteration and ensuring accountability in the food industry. However, these initiatives have once again triggered fears of selective profiling and targeting of marginalised groups, particularly Muslim and Dalit vendors, raising concerns about the potential misuse of these regulations under the pretext of hygiene enforcement.

The trigger: Incidents of food adulteration in Uttar Pradesh

In Uttar Pradesh, the directive was released on September 24, on the heels of multiple shocking incidents of food contamination, including viral videos showing individuals spitting on food and mixing urine into beverages. Chief Minister Yogi Adityanath expressed outrage at these acts, calling them not only “disgusting” but also a severe threat to public health. In response, he ordered that all food establishments—ranging from dhabas and small eateries to restaurants—display the names and addresses of operators, proprietors, and managers to ensure accountability and transparency.

Similarly, Himachal Pradesh Urban Development Minister Vikramaditya Singh announced on social media that every restaurant and fast-food outlet in the state would be required to display the owner’s identification. “This will ensure that the public faces no difficulties and will also enhance accountability,” Singh stated.

The hidden impact: Fear of profiling and targeting marginalised vendors

Despite the stated intent of these mandates, there is growing unease about how these measures could disproportionately affect Muslim and Dalit vendors. Many fear that, under the guise of enforcing hygiene standards, these regulations could become a tool for selective profiling and targeting of individuals from these vulnerable communities.

Street food vendors and small eatery owners in both Uttar Pradesh and Himachal Pradesh are often from marginalised backgrounds. In Uttar Pradesh, many vendors—especially Muslims and Dalits—already face suspicion and social stigma. There are rising fears that the mandatory display of their names and addresses could expose them to harassment, either from local authorities or communal vigilante groups. Such concerns are not unfounded. In recent years, both Muslim and Dalit communities have faced increasing hostility and targeted violence, often exacerbated by inflammatory speeches from political leaders.

In light of these realities, the directive is seen by many as potentially discriminatory, using public health as a cover for deep-seated biases. Muslim vendors in particular, who have often been accused of food contamination in communal rhetoric, may be disproportionately scrutinised, resulting in economic and social marginalisation.

CCTV and employee verification: additional security measures or additional risks?

In Uttar Pradesh, the government’s response has extended beyond name displays. CM Yogi Adityanath has also directed the installation of CCTV cameras at all food establishments, ensuring that surveillance covers not only dining areas but also food preparation zones. As per the direction, operators must ensure the security of this footage, and it must be made available to the police or local administration upon request.

In addition, a state-wide employee verification campaign has been launched. Teams from the Food Safety and Drug Administration, Police, and Local Administration are tasked with verifying the legitimacy of all workers at food establishments. On paper, this initiative is aimed at strengthening public safety, but activists argue it could serve as yet another avenue for selective targeting, particularly of Muslim and Dalit workers.

The verification process could further entrench biases against these communities, many of whom work informally in the food sector. Given the history of police discrimination against Dalits and Muslims, there are fears that the verification process could result in harassment or exclusion of workers from these communities. This could threaten their livelihoods, particularly in states like Uttar Pradesh, where communal tensions are high. 

The Supreme Court’s intervention: a temporary reprieve?

The Uttar Pradesh government’s recent mandates follow a controversial order issued by the authorities in Uttar Pradesh and Uttarakhand earlier this year, requiring food sellers along the Kanwar Yatra route to display their names, addresses, and phone numbers. The Supreme Court intervened, issuing a stay on the enforcement of the order on July 22, 2024. The court ruled that while food sellers could be required to display the type of food they were selling, they should not be forced to reveal personal details about the owners or staff. The court also noted that such directives could lead to undue harassment, particularly in a climate of rising communal tensions. (Detailed report may be read here)

Despite this temporary stay, concerns remain about how these mandates will be implemented across the states, particularly in regions with a history of discrimination against marginalised communities. Activists have pointed out that even if the Supreme Court’s interim order stands, local authorities might continue to use the disguise of hygiene issues to selectively target Muslim and Dalit vendors under the pretext of enforcing health and safety standards.

Public health or discrimination?

While the need to address public health issues and food safety is undeniable, the enforcement of these mandates raises the question of whether hygiene concerns are being used to further marginalise specific communities. Muslim and Dalit vendors, who already face societal and economic challenges, may now be subject to increased scrutiny, harassment, or even forced closure of their businesses under the pretext of hygiene violations.

There are justifiable fears in the country at the moment through which is it argued that without adequate safeguards, the Himachal Pradesh and Uttar Pradesh directives could lead to a rise in communal and caste-based discrimination. The visible display of Muslim or Dalit names in a highly polarised environment may encourage communal vigilantism, threatening the safety and livelihoods of these vendors.

Furthermore, the requirement for CCTV installations and the employee verification campaign, while ostensibly aimed at improving food safety, could disproportionately impact marginalised vendors by adding bureaucratic hurdles that are difficult for small, informal establishments to navigate. This could push many out of business, further deepening economic inequalities.

As governments push forward with their mandates, it is essential to strike a balance between ensuring food safety and protecting the rights of marginalised communities. The focus should not only be on hygiene but also on safeguarding the dignity and livelihoods of vendors, particularly those from Muslim and Dalit backgrounds, who are at risk of being unfairly targeted. Without careful implementation and strong legal safeguards, these regulations could become yet another tool for discrimination in an already fraught socio-political climate.

Related:

Two petitions filed in SC challenging UP and Uttarakhand governments’ directive to display name of shop owner and staff for being unconstitutional

Supreme Court stays directive of state forcing food sellers along Kanwar Yatra to display names, states authorities cannot usurp power without legal foundation

Rajasthan: Newly elected BJP MLA from Hawa Mahal constituency, Bal Mukund Acharya launches assault on minority-run meat food stalls

The post Hygiene or Harassment? Fears of profiling arise as UP government, once again, mandate name displays at food establishments; HP govt follows appeared first on SabrangIndia.

Amid escalating tensions over the Sanjauli mosque in Shimla, the local Muslim welfare committee on Thursday (September 12, 2024) urged the municipal commissioner to seal the unauthorised portion of the mosque and also offered to “demolish it in accordance with a court order.” The committee made the request in a representation to Municipal Commissioner Bhupendra Attri and said Muslims living in the Sanjauli are permanent residents of Himachal Pradesh and it was taking the step to preserve harmony and brotherhood. Over the past fortnight, sketchy and one sided reports have appeared in commercial media. Activist Himanshu Kumar went to Shimla on a one person fact-finding to get to the bottom of the  Sanjauli Mosque dispute to the country. A report

Mahatma Gandhi had said that young people should go to villages and serve there. Following this I have humbly served the tribal communities throughout my life. This time, the Tribal Coordination Forum invited me to attend the Tribal Rights Day Conference, held just outside the city of Solan in Himachal Pradesh. Representatives from five tribal groups, including the Kinnaura tribe of Himachal Pradesh, participated in the conference. Around 2,500 representatives from tribal communities across Gujarat, Maharashtra, Odisha, Bihar, Jharkhand, Chhattisgarh, Madhya Pradesh, Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, Telangana, Daman Diu, Manipur, Nagaland, Mizoram, and Assam attended the event.

After the conclusion of the conference, I went to Shimla, about 50 kilometres from Solan. A movement is currently underway there, demanding the demolition of an old mosque located in the Sanjauli area. I wanted to learn the truth about the situation in Shimla. I gathered information from senior journalists, lawyers of the Himachal High Court, student leaders, and social activists. I also obtained some documents. Since only one-sided reports are being spread in the media, I felt it was necessary to bring the truth about the Sanjauli Mosque dispute to the country.

Sanjauli is an area adjacent to Shimla. It is a busy market. In 1940, land was donated (waqf) for the mosque. It is important to understand the meaning of ‘waqf’. Waqf means a charitable endowment. When a person donates their land for religious or community work, in Hinduism, it is called ‘dharma’ or ‘dan’, and in Islam, it is called ‘waqf’. Just as in Hinduism, land donated for charitable work cannot be claimed or sold by an individual, similarly, waqf land cannot be claimed or sold. In Islam, a mosque can only be built on waqf land, not on private property. The management of such Waqf land is handled by an organisation called the Waqf Board. The document for the land donation in 1940 is in Urdu and is attached. So, the mosque was built on legitimate land.

When the land for the mosque was donated in 1940, the Waqf Board law had not yet been enacted in India. In 1954, the Indian Parliament passed the Waqf Board Act. After that, all community waqf lands of the Muslim community, including mosques, rest houses, cemeteries, or madrasas, whether built or vacant, were transferred to the Waqf Board, which was a completely legal process. The 1954 government document also confirms that the land for the Sanjauli mosque is recorded in government records as mosque property and belongs to the Waqf Board.

People from distant places from the Muslim community stay at the mosque. Hence, the mosque committee built a hall above the mosque for travellers to stay. For the construction of this hall, the previous BJP government even provided 12 lakh rupees from the government treasury using taxpayer money.

 Everything was fine until suddenly some people gathered and started demanding the mosque’s demolition, calling it illegal. Two stories are being told about this. The first is that a local Congress leader hired some Muslim labourers from Saharanpur but didn’t pay them fully. A dispute arose, and the Congress leader was beaten up. He then gathered a crowd and started the “remove outsiders and demolish the mosque” movement. The second story says that a Muslim barber working at a salon in Maliana was talking on his phone outside his shop. A drunk Nepali man passing by told him to speak quietly. The barber replied, “I am standing outside my shop, what’s your problem?” The Nepali man slapped him, leading to a fight. A Hindu man who intervened fell and got hurt. Though some Hindutva groups claimed it was an attack by Muslims, the injured man clarified that it was not intentional. This incident was used as a pretext by these groups to march from Maliana to Sanjauli, demanding the expulsion of Muslim outsiders and the demolition of the “illegal” mosque.

 Many intellectuals in Shimla told me that rallies were held across the state, instigated by the BJP, targeting places like Kullu, Paonta Sahib, Sunni, Ghumarwin, and Palampur. During a rally in Palampur, Muslim shopkeepers were harassed, and the hooligans proudly shared videos and photos of their actions on social media. A female social worker mentioned that, on one hand, the BJP claims Kashmir is an integral part of India, while on the other, they incite attacks on Kashmiris in other Indian cities, sending a contradictory message.

 Social activists and student leaders explained that just as the BJP falsely accused all Muslim traders in the town of Paprola in Uttarakhand and expelled them, similar communal tensions are being ignited in Himachal Pradesh. However, the BJP finds itself in a tricky situation with the Sanjauli mosque issue, as it had provided 12 lakh rupees for the construction of the travellers’ hall above the mosque and had also appointed an imam of its choice. As a result, the BJP is promoting its agenda through fringe Hindutva groups rather than directly involving its party.

 The role of Congress leaders and the Himachal Congress government has been extremely disappointing and shameful. A Congress minister even claimed in the Assembly that outsiders like Rohingya and Bangladeshi Muslims had entered and were disrupting the peace, which is entirely untrue. There are no Rohingyas or Bangladeshis in Himachal, nor is there evidence of Muslims involved in crimes. A local Hindu journalist remarked, “If these Muslim outsiders are criminals, where is the FIR? Where are the statistics proving their involvement in crimes?”

 Meanwhile, the Muslim community has expressed that they value communal harmony more than the mosque. If their Hindu brothers wish, they are willing to demolish the hall built over the mosque. The mosque committee and the Waqf Board have even written to the government regarding this. However, since the hall was built using government funds, the government cannot order its demolition. Shimla has 25,000 buildings, of which 8,000 are four stories high, exceeding the approved limit of two and a half stories. If the government takes action only against the hall above the mosque, it will have to apply the same rules to all buildings.

Shimla is a major apple market. Muslim traders from Saharanpur and western Uttar Pradesh come to buy apples in bulk, which they export across India and the world. But due to the recent anti-Muslim unrest, fewer Muslim traders have come this year, leading to a drop in the price of apples by 500 to 800 rupees per 20 kg box. According to reports, apple growers in Theog held a meeting with the protest leaders, complaining that their agitation was causing losses. The protest leaders responded by saying that religion is more important than apples.

 This entire episode reveals that a legitimate mosque is being targeted for demolition as part of a mischievous campaign, creating communal tension across the state. The Congress government has been ineffective, and fear has spread within the Muslim community. People are asking, ‘Where are those promoting ‘Mohabbat ki Dukaan’ ? Why are Muslims being forced to live in fear under your government in Himachal?

On September 16, in Shimla, the CPI(M) and other democratic organisations held a meeting and decided to hold a rally on September 27 to defeat the communal forces and maintain communal harmony in the state.

Related:

Tensions escalate in Himachal and Uttarakhand, multiple protest and rallies against mosques

Unchecked Hate Speech Sparks Concerns for communal Harmony in Himachal Pradesh

The post Truth about the Sanjauli Mosque issue: Shimla, Himachal Pradesh appeared first on SabrangIndia.

Since last week, Devbhoomi Himachal Pradesh and Uttarakhand have been witnessing multiple protest and rallies against the mosques situated in different areas of both the state. The situation became chaotic when in Shimla’s Sanjauli area, on September 5, Hindu right-wing called a protest rally against an alleged illegally constructed mosque and turned violent and breached the security layers around the mosque in question. The mob of protesters also chanted slogans and conducted “Hanuman Chalisha” in front of Sanjauli Mosque.

Sanjauli Mosque dispute: Shimla Himachal Pradesh

The protest started over the 14-year-old disputed four-storey mosque located in Sanjauli area of ​​Shimla. It is reported that the incident escalated and flared up from a stray incident as some people allegedly attacked a local trader with rods and sticks. FIR has been registered on 6 persons for alleged attack. It was alleged that all the accused then fled from there and hid in the Sanjauli mosque, resulting in communal tension and protests and slogans chanting against the allegedly illegal construction of the mosque in Sanjauli, claiming that the mosque was constructed illegally and without permission.

The legal dispute of the Sanjauli Mosque is still pending in the court of Municipal Commissioner, Shimla and yet to be decided.

The issue got attention and media coverage when Himachal Panchayati Raj Minister and Congress MLA Anirudh Singh raised the issue of alleged illegal construction of the Sanjauli mosque, while claiming increasing theft in area, rise love jihad concern before the State Assembly. Speaking at the Himachal Pradesh Assembly, Singh demanded an investigation into the construction of Shimla’s Sanjauli Masjid and highlighted the alleged illegal construction of the mosque had led to tensions in the area.

“It has become difficult for women to walk in the Sanjauli market, and thefts are occurring. Love Jihad is another serious issue that needs attention and is dangerous for our country and state. Fights are taking place,” he addressed in assembly.

On the 7th day of Monsoon Session of Vidhan Sabha,
discussion held over illegal construction by the people of a particular community in Shimla and concerns arising due to increasing number of illegal migrants entering #HimachalPradesh. #Shimla #Sanjauli pic.twitter.com/hAq2CGk4Xg

— Anirudh Singh (@anirudhsinghMLA) September 4, 2024

Pertinently, on September 11, after massive protest erupted against the Sanjauli Mosque on the call made by Vishva Hindu Parishad and other right-wing outfits over demand to demolish the alleged unauthorised structure. Sanjauli Mosque Committee President Mohammed Latif and Waqf Board Member Maulvi Shezaad have handed over a memorandum to the Shimla Municipal Commissioner that they have voluntarily agree to seal the entire portion of the illegal expanded structure and also ready to demolish it.

Then BJP Government “funded” the construction illegal portion: Himachal Minister

On September 12, Rural Development Minister Anirudh Singh claimed that the previous BJP government “funded” the construction of the illegal portion of the controversial mosque in Sanjauli. He added that “Himachal has always been a symbol of peace and harmony. A few were trying to give a communal colour to the entire episode for their vested interest, forgetting that it was during the Covid-19 that the structure was raised in an unauthorised manner when the BJP government was in power.”

While addressing a joint press conference with Urban Development Minister Vikramaditya Singh said that “In 2019, Rs 2 lakh was sanctioned from the planning head for the mosque. Also, I have learnt that Rs 12 lakh was given separately by the Jai Ram-led government for the construction of the mosque,”

Accusing the BJP and its associated organisations of politicising the matter, Vikramaditya Singh said the illegal construction of the mosque was done during the tenure of the BJP government. “Three floors of the mosque were built during the Covid period. Who was in power at that time? Whose Mayor and Deputy Mayor were in the Municipal Corporation? It’s easy to point fingers at others, but the BJP ignores its own deeds,” said Vikramaditya, reported The Tribune.

Welcoming move by Masjid Committee: Seeks permission to demolish illegal structure

On September 12, amid tensions over the Sanjauli mosque issue, the Muslim Welfare committee urged the Municipal Commissioner to seal the unauthorized portion and also offered the demolition of portion of mosque in controversy in accordance with a court order.

According to the Imam of the Sanjauli mosque, “There is no pressure on us, we have been living here for decades and this decision has been taken as a Himachali. We want to stay in peace and brotherhood should prevail.”

Members of the Dev Bhoomi Sangarsh Committee, which had given the protest call against the unauthorised construction in the mosque, welcomed the move. Member of the samiti Vijay Sharma said “We welcome the move of the Muslim community and would be the first to hug them for taking this initiative in the larger interest,” reported The Siasat Daily.

After the controversy erupted in Shimla over Sanjauli Mosque, the Shimla Waqf Board took control of the mosque and removed the Imam from mosque. The dispute is still pending in the court of Municipal Commissioner Shimla and next hearing scheduled in this matter in October month (2024).

FIR registered on right wing leaders, Police releases CCTV footage of stone pelting

On September 13, Shimla Police released the stone pelting video of the September 11 protest, called by Hindu right-wing in Sanjauli over the alleged illegal construction of mosque. As so far, 8 FIR have been registered against the persons who violated the imposition of Section 163 and pelted stones over police personals. Due to stone pelting 6 policemen were injured including a woman police who had vertebrae fractures and is in a serious condition.

As on September 11, protesters breached the first row of barricading and clashed with security forces. Police personnel used water cannons and resorted lathi-charge to disperse protesters heading towards the Sanjauli area of Shimla. Reported ANI

Link:

In #HimachalPradesh‘s #Shimla, #Hindutva groups have created communal tensions, broke barricades and have reached the mosque against which they are protesting.

There was a call given by #VHP today against the mosque in #Sanjauli. Situation tensed. pic.twitter.com/KgeHi8vA5H

— Hate Detector (@HateDetectors) September 11, 2024

Protests in Mandi town over illegal construction of mosque; police use water cannons

On September 13, another protest triggered in Mandi town of Himachal Pradesh on Friday over alleged illegal construction at a mosque located in the jail road area. The Hindu right-wing protesters started chanting slogans of “Jai Shri Ram, during the march at Mandi market while demanding the demolition of a portion of a mosque.

Police used water cannons to disperse protesters as turned violent. During the march protesters clashed with police as they were trying to go towards the mosque in controversy. They were stopped by barricades.

The protest also raised controversial and objectionable slogans during the protest

Link:

 

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A post shared by Hindutva Watch (@hindutvawatchin)

The mosque management commit has been served a notice by the Mandi municipal corporation to remove the encroachment within 30 days. According to the notice, the mosque stands on 232 square metres of land while the approval granted was just for 45 square metres.

The protesters initially called a march in the Mandi market area and sat on a dharna at Seri manch. Later, when they made attempts to proceed towards the mosque, police restraint them and used water cannons to bring the situation under control. Although, on September 12, the members of the Muslim community had demolished an unauthorised portion of the mosque by themselves.

Link:

After protests in #HimachalPradesh‘s #Mandi, the alleged illegal structure of the mosque was broken by #Muslims in presence of the administration.

There have been massive protests by #Hindutva groups in #Shimla and Mandi against alleged illegal construction in mosques.… pic.twitter.com/hAZCgelzCK

— Hate Detector (@HateDetectors) September 12, 2024

It has been alleged that the unauthorised construction was on a plot of land which belongs to the public works department. The department and the municipal corporation had earlier served notices on the mosque management committee in this connection, reported The Hindu.

Himachal CM conducts meeting with all party members over disputes

On September 13, Himachal Pradesh’s Chief Minister Sukhvinder Singh Sukhu termed the protest against the Sanjauli mosque in Shimla as a “local dispute”. CM Sukhu convened an all-party meeting at his office on Friday amid growing communal tension in Himachal Pradesh.

A joint statement issued after the meeting, where it was decided that a joint committee of leaders would be formed under the Vidhan Sabha Speaker to formulate a policy for street vendors in Himachal Pradesh.

BJP MLA Randhir Singh Sharma, who represented the BJP in the meeting, said “We demand the sealing of the entire structure until the final verdict is delivered by the municipal commissioner’s court in Shimla where the matter is listed for October 5. There is anger among the people regarding the mosque, which was constructed illegally. We agree with forming a joint committee for the registration of vendors from other states. The issue at hand concerns the illegal structure,” reported the Indian Express.

Uttarakhand mosque row: Mosque built on registered land, not illegal: Official says

In Uttarkashi also, Hindu right-wing issued warning to the district administration, threatening to demolish a mosque in Masjid Mohalla if it is not razed within three days. The organizations claim the mosque is ‘illegal’ and have given an ultimatum to the authorities to act or face the consequences.

The situation has raised concerns about potential communal clashes and law and order issues in the region, as the groups have publicly threatened to take matters into their own hands if their demands are not met.

Amit Srivastava, superintendent of police (SP), Uttarkashi, said, “Some Hindu organisations had given a memorandum to the administration, in which they stated that it is an illegal mosque. According to the district administration, it is built on registered land, and it is not illegal. It is registered in the names of four people. The administration has conveyed them the same to the Hindu organisations.” “We will not allow anybody to take law into their hands”, he said.

An umbrella group of Hindu organisations — Sanyukt Sanatan Dharam Rakshak Sangh — submitted a memorandum to Uttarkashi district magistrate Meharban Singh Bisht on September 9 demanding for the demolition as it was not registered in the official revenue records.

However, Uttarkashi DM Bisht stated that they have constituted a committee under sub divisional magistrate (SDM) Bhatwari for inspection of the land records pertaining to the mosque.

Notably, it has been also reported that the said protest triggered due to a grave mistake by the district administration of Uttarkashi, as while giving reply to an RTI application in August, 2024, the district administration’s PIO stated that “no records of free-hold or lease allotment of land in the name of the mosque were found in the office.”  The incomplete information about the mosque provided by the information officer paved the way for Hindu outfits to demand the removal of mosque in the region, claiming it illegal.

The district administration then finds out its own documents, disclosing that the land on which the mosque stands is indeed registered in the names of account holders.

Uttarkashi District Magistrate Dr Mehrban Singh Bisht stated, “The land occupied by the mosque has a legitimate registration and mutation record, listing ten account holders. Notably, the then Tehsildar of Bhatwari had also formally recognized the mosque’s presence on the same land in a 2005 order.” as reported by The Indian Express.

Related:

Temple-mosque politics: Right Wing’s communal hit list getting longer?

Rewarding Those Who Demolished the Babri Masjid: A History of the Ayodhya Dispute

The deity has survived for last 800 years: Delhi court reserves order in Qutub Minar case

The post Tensions escalate in Himachal and Uttarakhand, multiple protest and rallies against mosques appeared first on SabrangIndia.

On December 14, during the ongoing winter parliamentary session, Ram Nath Thakur, leader of Janata Dal party in Rajya Sabha, raised several questions regarding the number of cases pending in the courts for more than 25 years and the reasons behind it. He also raised questions regarding the impact of this inordinate pending on the common man who is faced with financial hardships. These questions were presented to Arjun Ram Meghwal, who is currently serving as the Minister of Law and Justice.

Meghwal provided a comprehensive response addressing longstanding pending cases in lower courts. As on 6^th December 2023, there were 2,32,047 lakh cases pending for more than 25 years. The reasons for such delays are diverse, ranging from complexities in evidence and cooperation issues to insufficient infrastructure and procedural challenges. Factors like delayed assistance from agencies involved in criminal cases also contribute to prolonged proceedings.

In a bid to show the government in a responsive light, the minister’s response also said that while the government doesn’t have direct control over case disposal, several initiatives have been implemented to expedite justice delivery. These include the National Mission for Justice Delivery and Legal Reforms, schemes for judicial infrastructure development, and leveraging technology through the e-Courts Mission Mode Project. Efforts to increase judicial manpower, set up fast-track courts, amend laws, promote alternative dispute resolution methods, and facilitate legal advice through Tele-Law initiatives have been undertaken. The government did not study the impact on the common man and laid down the reasons by themselves without any proof as they come under the exclusive domain of the judiciary.

The key issue of quality of appointment of judges, especially on counts of independence and autonomy remains a blot, however.

On December 15, during the ongoing winter parliamentary session, several ministers including Rahul Kaswan (BJP), Guman Singh Damor (BJP), K. Jayakumar (Congress), Chandrani Murmu (Biju Janata Dal), Hanuman Beniwal (Rashtriya Loktantrik Party) and Abdul Khaleque (Congress) raised several questions regarding the disposal of the cases pending in courts. These questions were presented to Arjun Ram Meghwal.

As can be seen above, the number of pending cases as well as the cases disposed has increased from 2020 till December 2023. In 2020, 30.4% cases were disposed out of the pending ones, in 2021 we saw an increase in percentage equivalent to 36.3%, in 2022 we saw a sharp rise equal to 54.7% cases being disposed of out of the pending ones and in 2023, 63.8% cases has been disposed of thereby showing a positive increase throughout.

As can be seen from above, the highest number of pending and disposed of cases from 20-23 belonged to Allahabad Court. The lowest number of cases pending and disposed of from 2020-23 were in Sikkim High Court. The number of pending cases have risen from 7,73,408 in 2020 to 10,67,245 in 2023. There was a fall in the number of cases disposed of in 2022 to 2023 from 349919 to 251524.

We can understand that in 8 years from 2014 to 2022, there has been an 11.13% increase in the number of cases pending in the Supreme Court.

We notice from the table given above, that high courts including Andhra Pradesh, Calcutta, Jammu & Kashmir and Ladakh, Orissa and Tripura have reduced the number of pending cases from 2014 to 2022, in 8 years. It is shocking to see that Chhattisgarh, Himachal Pradesh, Madras and Rajasthan have witnessed more than 100% increase in the number of cases pending during the last 8 years.

We can now understand that there are 19,575 cases pending in the Supreme Court for a duration between 5 to 20 years. There are more than 1 crore cases, 1,01,20,268 cases pending in the High Courts for a duration between 5 to 20 years.

Related:

69,768 cases are pending in Supreme Court end 2022 & 53, 51,284 in various High Courts: UoI

UAPA: 11.7% rise in cases pending trial, shows MHA data

Over 400 High Court judge posts vacant, 56 lakh pending cases: Law Ministry

The post 100% increase in number of cases pending in Chhattisgarh, Himachal Pradesh, Madras and Rajasthan courts: Parliament appeared first on SabrangIndia.

Addressing the crowd, Gautam made statements such as, “Bharat mein agar rehna hoga, Jai Sri Raam Kehna Hoga” (If you wish to stay in India, you have to say Jai Shri Raam) and “Islamic Jihad Murdabad” (Death to Islamic Jihad). Not only propagating hate but also seemingly deploying threats towards religious minorities.

Location: Bilaspur, Himachal Pradesh

Hindu Janjagran Manch leader Kamal Gautam delivers hate speech against Muslims. He used derogatory language against minorities and threatened violence. pic.twitter.com/o404AHGk90

— HindutvaWatch (@HindutvaWatchIn) July 7, 2023

Furthermore, Gautam specifically dived into the alleged bogey of “Love Jihad,” claiming that Himachal’s young girls were becoming targets of such activities. He accused those providing shelter to what he derogatorily referred to as “Kathmulle” (slur) and ‘Jamaats’ of engaging in actions that would not be tolerated by the Hindu community. He ominously stated that these actions would be responded to in the only way “they” understand, implying a potential recourse to violence.

There seems to be no evidence of actions by authorities against Gautam thus far. It remains to be seen whether legal action will be taken against Kamal Gautam for his hate speech, as hate speech laws in India prohibit statements that promote enmity between different religious or ethnic groups.

Earlier Sabrang India has noted that India has been classified as an ‘electoral autocracy’, revealing the declining level democratic freedoms and social justice in India.

“No one must give shelter to these Jamaats from outside, and I will tell this to all of you clearly standing here today: you all standing here will decide who can enter or not enter your areas of residences and the roads and lanes in it, and not any SP or DP. I don’t need to tell you people what to do should a pig enter your fields and eat the produce or enter your homes. And let me tell you, should Islamic jihad Target any Hindu or harm any girl of ours, then the entire responsibility will be of the administration, and the Hindu society will endeavour to crumple and destroy Islamic jihad in its entirety.”

This is not the first incidence of communal behaviour by Kamal Gautam. In a troubling incident last year reported by SabrangIndia, a video circulated on social media platforms, particularly in Hindutva circles, depicting a mob vandalising a Muslim shrine or Dargah. The individuals involved in the act claimed to be affiliated with the Hindu Jagran Manch (HJM) Himachal, as stated by Kamal Gautam, who posted the video on his Facebook page.

Source: Meer Faisal

The video showcases individuals wielding massive hammers to break the grave and shrine within the Muslim place of worship. Alongside the video, Kamal Gautam wrote, “देवभूमि में लैंड़ जे हाद बर्दाश्त नहीं किया जायेगा… हर अवैध ढांचा जो भूमि कब्जाने की मंशा से पीर मजार के नाम पर बनाया गया है उसका अंजाम यही होगा। Hindu Jagran Manch Himachal का इस्लामिक जेहाद के विरुद्ध अभियान जारी रहेगा।”

Once again goons of Hindu Jagran Manch Himachal made a video of vandalising a shrine (Dargah) in Himachal. This video with song is being shared by Kamal Gautam (Member of HJMH) on his fb page
while posting, he wrote,

“Will free every corner of the Devbhoomi, ++ pic.twitter.com/BrSpesgsx6

— Meer Faisal (@meerfaisal01) January 18, 2022

“Land Jihad will not be allowed on the land of the gods. All illegal structures that have been raised as holy graves will meet the same fate. Hindu Jagran Manch will continue this project.”

Kamal Gautam is the general secretary of the Hindu Jagran Manch in Himachal Pradesh. He has known to make incendiary speeches and claims in the past. His social media is rife with support for the PM Modi and the Bharatiya Janata Party, as well as with posts that have a pronounced anti-Muslim tilt.

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The post Unchecked Hate Speech Sparks Concerns for communal Harmony in Himachal Pradesh appeared first on SabrangIndia.

Following excessive rain in many parts of Himachal Pradesh on August 20, flash floods as well as landslides have been reported from many areas, showing how the situation is deteriorating rapidly.

In a particularly sad incident, 8 members of a single family in Gauhar ke Kashan village died after being buried under their collapsed house. In the same district nearly 900 students and their teachers who had gathered in Mandi district for a sports event were trapped for some time due to a flash flood, spreading a lot of anxiety. Nearly 27 persons died in various incidents, while some others were injured or missing. Several hundreds were rescued, or had a narrow escape. In Bariara village of Nurpur area, several houses developed cracks and had to be deserted.

The Chakki railway bridge on the Pathankot-Jogindernagar narrow gauge railway track has collapsed. This was a known danger zone, as repair of pillars had been taken up in recent times, but the more extensive repair or reconstruction work needed was not taken up. The Pathankot-Mandi highway also suffered extensive damage. Indiscriminate construction and road cutting has led to the creation or aggravation of many permanent landslide zones here and the situation worsens at the time of heavy rains.

Other reports say that those who had suffered serious harm in earlier flash floods and landslides during this monsoon season have not been rehabilitated properly yet. To give an example, flash floods had caused extensive damage in Karpat village of Lahaul and Spiti district in the last week of July this year (as well as earlier in 2017). Fearing more harm from floods, they have to start living in tents some distance away. More recently they have sent a strong plea to the administration for rehabilitation at a safer place.

The cumulative impact of several such disasters has led to a situation in which a large number of families have been devastated over the years and another significant number live with increasing fear in danger zones. A recent report by the state government has stated that Himachal Pradesh is vulnerable to 25 out of 33 hazards identified by the Government of India. Overall, the districts of Chamba, Kinnaur and Kullu, as well as parts of Kangra and Shimla fall in the ‘very high’ vulnerable status.

When looked at in the context of earthquakes, the districts of Kangra, Hamirpur and Mandi fall in the ‘very high’ vulnerability category.

In this context, the extent to which risks can be aggravated by the location of several hydro-electricity projects in high-risk areas and high seismicity areas has been frequently debated. There are several aspects of this debate. One aspect relates to the extent to which these structures are safe in areas with high seismic activity. Another aspect relates to the extent to which threats and risks increase in the course of the construction process, which frequently involves not just the use of heavy machinery but also often blasting work and serious problems relating to disposal of mounds of rubble. Another aspect of controversy relates to reservoir induced seismicity.

Have all these risks been taken care of while approving these projects? Given the sensitive ecology and fragile as well as complex (from the point of view of dam-construction) geological conditions of the region, is it really advisable to go ahead with several of the controversial hydro-electricity projects of the region?

Are these projects even desirable and viable in economic terms, given the long delays and cost overruns? A parliamentary committee on energy has reported recently that the 800 MW Parbati-II project, earlier billed at Rs. 3,900 crores (one crore=10 million), has a cost over-run of Rs. 5,400 crores, so that it is now estimated to cost Rs. 9,300 crores. Where is the guarantee that a project found viable at the cost of Rs. 3,900 crore is still viable following a 139% rise to Rs. 9300 crores?

Such questions can be raised also about the 100 MW Uhl-III which has experienced a 197% cost rise, or the Sawra Kaddu project which has experienced a cost rise of 111%.

In the case of several highway construction and highway widening projects, there have been many cases of indiscriminate cutting of slopes, excessive tree felling, unsafe practices of rubble disposal and other factors leading to the emergence of many more landslide zones as well as aggravation of the threat from floods.

Indiscriminate mining, particularly in and around rivers and water-sources for sand, has also led to increasing the threat from floods during rains (while at the same contributing to rapid depletion of water during the dry season).

These times of climate change are identified with several kinds of adverse weather situations, including concentration of rainfall in a few very heavy rain events. In such a situation there is need for more ecologically protective policies but the actual situation appears to be moving in the opposite direction. Therefore, there is a clear need for corrective actions in favor of an ecologically protective path which will also protect people from disasters.

*Views expressed are the author’s own. The writer is Honorary Convener, Campaign to Save Earth Now.

Other articles by Bharat Dogra:

Corporate tax cuts: Revenue lost could have funded important welfare projects

Himachal Pradesh: Apple growers continue protest over adverse impact of Big Business

80th Anniversary of Quit India Movement

Why the Struggle of Dhinkia Deserves Wide Support

The post Himachal Pradesh’s vulnerability to Floods and Landslides increasing appeared first on SabrangIndia.