Land mafia in Kashmir runs its tentacles deep into state bureaucracy
LAND SCAM AT GULMARG
Srinagar: State Vigilance Organization has registered a case under appropriate provisions of law against former Divisional Commissioner, Kashmir, former District Collector, Baramullah, Garib Singh, then Tehsildar, Tangmarg, then Chief Executive Officer, Gulmarg Development Authority, Farooq Ahmed Shah, then Additional Dy. Commissioner (now retired), Rafi Ahmad, then Assistant Commissioner, Revenue, Baramula and Ghulam Mohi-u-Din Shah, Naib Tehsildar, Kunzar for misuse of official position for illegal transfer of State land at Gulmarg worth crores by misusing the provisions of Roshni Act.
Case FIR No 8/2009 P/S VOK was registered following a verification conducted into allegations of abuse of official position and illegal vesting of ownership on the land in Gulmarg estate, earmarked for development of tourist infrastructure under master plan of Gulmarg Development Authority (GDA), by the officials of Revenue Department/Tourism Department, as members of the committee constituted under J&K State Land (Vesting of Ownership rights to the Occupants) Act, 2001 during the year 2008.
Verification has revealed that as per the provisions of the J&K State Land, (Vesting of Ownership rights to the Occupants) Act, 2001, any occupant of the state land shall apply to the territorial Tehsildar for having such land vested / transferred to him under the provisions of the Act. The concerned Tehsildar after holding an enquiry and verifying the contents of application would send a report to District Collector of the area with his recommendations. The District Collector would subsequently make further enquiry and forward the application alongwith his report to the committee which is required to pass appropriate order for disposal of land and also determine the price to be deposited by the applicant (occupant) for vesting of such state land. The provisions of the Act, shall however, not apply to such land as is earmarked for a specific purpose in any master plan etc.
It was found that in and around the month of January- February 2007 the then Divisional Commissioner, Kashmir, Baseer Khan, District Collector, Garib Singh, then Tehsildar, Tangmarg, then Chief Executive Officer, Gulmarg Development Authority, Farooq Ahmed Shah, then Additional Dy. Commissioner (now retired), Rafi Ahmad, then Assistant Commissioner, Revenue, Baramula and Ghulam Mohi-u-Din Shah, Naib Tehsildar, Kunzar, entered into criminal conspiracy with Abdul Hamid Dar s/o Lassa Dar r/o Chandilora, Tangmarg, Sayed Musadik Shah s/o Syed Maqsood Shah of Ishber, Nishat (Attorney Holder), Mohd Ibrahim Khan s/o Ghulam Hassan, r/o Wazir Bagh, Srinagar, Enar Smith, Nazir Ahmed Mir, s/o Mohd Maqbool Mir, r/o Hari Watnoo, Tangmarg, Mohd Afzal Khanday, s/o Mohd Ramzan Khanday r/o Sopore, Ghulam Mohammad Matoo s/o Aziz Shah Matoo r/o Nageen, Srinagar and Mushtaq Ahmed s/o Haji Abdul Aziz and Mushtaq Ahmed Burza s/o Abdul Ahad Burza, Manzoor Ahmed Burza s/o Ghulam Ahmed, (Attorney Holders),applicants (beneficiaries) with criminal intent to illegally process and vest the ownership on the land in Gulmarg estate to the ineligible applicants (occupants) under J&K State Land (Vesting of Ownership Rights to the Occupants) Act, 2001, commonly known as Roshni Act.
The accused public servants Garib Singh, Tehsildar Tangmarg received 34-applications which included the applications of accused applicants (beneficiaries) for grant of proprietary rights on land in Gulmarg estate under the Act from 12.01.2007 to 31.03.2007. The applications of Mushtaq Ahmed Ganie, Aijaz Ahmed Ganie and Mohd Ibrahim Khan accused applicants (beneficiaries) however, on ground were found received by Garib Singh, then Tehsildar Tangmarg after cut of date i.e. 31.03.2007 to illegally accommodate the (applicants) with ulterior motives.
It was found that accused Tehsildar in furtherance of criminal conspiracy had resorted to manipulation of records and dishonestly shown received the applications before cut of date i.e. 31.03.2007. The Tehsildar Tangmarg made an enquiry and forwarded the cases of the applicants (beneficiaries) to Deputy Commissioner, Baramula on different dates varying from 21.06.2008 to 21.07.2008, i.e. much after the convening of meeting of empowered committee on 04.06.2008, falsely certifying therein that the land in question does not belong to any Govt. Department and is not required for any public purpose.
It was found that Baseer Khan, then District Collector (Deputy Commissioner), Baramula, was informed by his subordinate staff, that the applications cannot be processed and placed before the committee, as these applications were deficient and incomplete as per the provisions of Act. Then Deputy Commissioner, Baramula, willfully ignored the information and despite possessing knowledge of the fact that land in question under the occupation of applicants (beneficiaries) stands earmarked for specific use i.e. construction of Hutments etc. in the master plan of GDA dishonestly under a conspired plan forwarded the cases of ineligible applicants (beneficiaries) to the empowered committee constituted under the Act. The accused public servants (members of empowered committee), under the chairmanship of then Divisional Commissioner, Kashmir, convened a meeting on 04.06.2008, for the purpose of disposal of the land and to determine the price of land of applicants/attorney holders (beneficiaries), in Gulmarg estate under the Act.
It was found that prior to the convening of meeting, on 04.06.2008, it was brought to the notice the then Divisional Commissioner, Kashmir and Deputy Commissioner, Baramula, by the Tourism Department and Chief Executive Officer, GDA, that no ownership rights on the land can be vested upon the applicant (beneficiaries), as the land in question stands earmarked for the specific use i.e. construction of hutments etc. in the master plan of the GDA. The other members of empowered committee also derived such knowledge from the public documents. The members of the committee, despite possessing the knowledge that the leased land measuring 1-kanal, 2-Kanals, 3-Marlas, 3-Kanals 12-Marlas, 12-Kanals 10-Marlas, 3-Marlas, 1-Kanal 8-Marlas, and 12-kanals 13-Marlas falling under Khasra Nos. 472, 812/250, 720-min, 745/746/748/752-min, Nil, 742-min, and 889/250-min respectively in Gulmarg estate, under the occupation of applicants (beneficiaries) stands earmarked for the purpose of construction of Hutments, in the Master Plan of GDA, notified vide Govt. order No. 137-TSM of 2005 dated 13.06.2005 and cabinet decision No. 98/7 dated 03.05.2003, dishonestly vested the ownership on the land to the applicants (beneficiaries). A perusal of Govt. Order interalia revealed that land measuring 15494-Kanals & 13-Marlas falling under Khasra Nos. 1 - 1126 in Gulmarg estate stands transferred to GDA for development of Tourist infrastructure in accordance with master plan.
It was found that land under occupations of applicants (beneficiaries) falls within above mentioned Khasra Nos. and as such the applicants (beneficiaries) were not entitled to benefit illegally bestowed upon them under the Act by the accused public servants. It was also found that public servants as a part of criminal conspiracy dishonestly vested the ownership/proprietary rights on the land measuring 02-kanals 3-marlas, 12-kanals 13-marlas, falling under Khasra No.812/250, No.889/250 in Gulmarg estate even to the attorney holders namely Musadik Shah S/o Syed Masood Shah R/o Ishber Nishat, Mushtaq Ahmad S/o Haji Abdul Aziz & Mushtaq Ahmad Burza S/o Abdul Ahad Burza & Manzoor Ahmed Burza S/o Ghulam Ahmed, who were not entitled to it.
It was also found that lease in respect of above land had since expired. All, this was done to confer undue benefit upon the attorney holders. The decision (minutes) of the meeting, was issued vide No.DCB/CDA/2008/Roshni/920 dated 06.06.2008. The accused public servants Rafi Ahmad, then Assistant Commissioner (Revenue) Baramula and Garib Singh, then Tehsildar Tangmarg, subsequently issued notices under section 8 (3) of the Act to accused beneficiaries S/ Abdul Hamid Dar, Mushtaq Ahmed Ganie, Mushtaq Ahmed Burza, Enar Smith and Manzoor Ahmed Burza respectively to make the payment in lieu of vesting of ownership of land to them under the Act. The applicants (beneficiaries) subsequently deposited the part of price of land determined by accused public servants as members of empowered committee.
In this manner accused public servant (members of the empowered committee) and other official(s) in league with accused beneficiaries (applicants/occupants) by abuse of their official position under a conspired plan, dishonestly in gross-violation of law/rules, processed and vested the ownership of the leased land to applicants (beneficiaries) in Gulmarg estate, meant for construction of Hutments, under master plan of GDA, to confer undue benefit upon the beneficiaries applicants/occupants and themselves. Some incriminating records have already been taken into possession by SVO and the investigation is in progress.
Friday, March 13, 2009
Kashmir Embraces Open Education
Success with the State Open School in collaboration with the National Institute of Open Schooling is encouraging the state to seriously consider establishing a State Open University in collaboration with the Indira Gandhi National Open University (IGNOU)
Dr. Abdul Gani (Regional director, IGNOU, Srinagar)
With about 360 universities and 18600 colleges, Indian system of higher education is one of the fastest growing systems in the world. However, in spite of tremendous expansion recorded in its higher educational system, even now one-third of its adult population is illiterate and only about 10% of the eligible age group get enrolled in higher education.
Access and equity, vocationalisation of education, pedagogic reforms still remain major issues of concern. The conventional higher education is not flexible enough to cope up with the scale of educational challenge and respond to the need-based education and training. Lack of resources is one of the major impediments in realizing the national goal of universalization of elementary education and vocationalisation of secondary education. Therefore, the technologies of different kind need to be harnessed to supplement the conventional teaching and learning process.
It is in this context that Open Distance Learning (ODL) is being seen as a means for ushering in a revolution in delivery of quality education in a cost effective and need-based manner. As of today, the open and distance learning system in India comprising, besides IGNOU, 14 state open universities and 140 distance education centres in the conventional universities account for 25% of the total higher education enrolment in the country. Several established institutions like IIT’s and IIM’s have also started distance education programmes. Distance education has been particularly helpful for women. In India, women make up 40% of distance education students compared with 28% in the conventional face-to-face mode.
The overall higher education student enrolment in the country is projected to grow at 10% per annum while as the ODL System enrolment is expected to grow at 20% per annum during the Eleventh Five Year Plan period (2007-2012). Accordingly, by the end of the 11th Five Year Plan, 29 states in the country are expected to have one Open University each with a plan to cater to about 40 percent of higher education learner population in the country and account for an enrollment of around 7 million students. By the year 2015 more than 85% of the universities of the world are expected to provide a dual system of education i.e. both formal and open learning.
As one of the leading mega universities of the world IGNOU’s reach now extends to over 2 million students in India and 33 other countries of the world, offering 175 programmes through a network of 59 Regional Centres and about 2400 study centres. It accounts for over 15% of the total enrolment in higher education in the country. That means every 4th student of higher education in India is in distance mode and every 8th student of higher education in the country is the student of IGNOU.
On the recommendation of the task group on Education set up by the MHRD in 1998, to identify the educational requirements of the State of J&K, Srinagar Regional Centre of IGNOU was established in February 1999 with jurisdiction over Kashmir Division including Leh and Kargil. It started its journey from just one room of the Department of Commerce of Kashmir University, with the help of one part-time clerk, with just four centres, 14 programmes and around 1000 students. With only 10 years of its existence, IGNOU Regional Centre at Srinagar has already enrolled well over 60,000 students. It is a matter of great pride for us that with the average admission figure of over 8000 students every year we have recorded one of the highest per capita enrolments in the country.
At present IGNOU is operating practically in every nook and corner of Kashmir Division through a network of 29 centers, comprising 9 Study Centers, 15 Programme Centers and 4 Special Study Centers. Almost every district of Kashmir Division including Leh & Kargil has presence of IGNOU learner support centers. In an attempt to reach the unreached we have already established special study centres for women and masses living in remote areas and are in the process of establishing similar centres for physically challenged, people belonging to far flung areas.
For the capacity building and strengthening of the conventional education system, a new convergence scheme has been conceived jointly by UGC, IGNOU, Distance Education Council and AICTE under the guidance of the Ministry of Human Resources Development. Its objective is to achieve the projected target of the 11th Plan of increasing higher education access rate to15th % by 2012 from the current 10%, by making the optimal use of the strengths of the conventional and ODL systems. Under this scheme so far 359 conventional higher education institutions have enrolled over 10,00 students. In Kashmir 2 partner institutions are already operational under the scheme, which include the College of Education and the Women’s College, MA Road adjacent to it. A number of other institutions of the valley are being covered under this scheme.
To provide a gateway to on line education, online admission and free of cost internet facility at the doorsteps of the students, the university has launched an ambitious project of providing state of the art kiosk facility with latest computing, and broadband internet facility with adequate power back to our study centres. At the regional Centre and Amar Singh College the facility is already in place. At Degree College Kupwara and Degree College Kargil it would be operational next week. Very soon the facility would be extended to other centres also. Ultimate plan is to link the entire IGNOU network in the valley with our Hqrs. at Delhi.
Our recent initiates of walk in admissions and online admissions are showing encouraging results. We are soon introducing on line and on demand examination facility for our students. The educational system in the valley is going to witness the dawn of new era as a full-fledged FM radio station is being set up very soon at Srinagar exclusively for education, training and development in Kashmir. It would be used to broadcast programmes not only for IGNOU students but also for those pursuing school, higher, technical and professional education in valley. The entire equipment has already reached Srinagar. The station is scheduled to be become operational by April this year.
The indications are that a culture of distance and open education has started developing in the J&K State. Realizing the potential and significance of ODL in the State, the government has already established the State Open School in collaboration with the National Institute of Open Schooling. The State is seriously considering the establishment of a State Open University for which the technical and financial support is being provided by IGNOU, being the statutory of Open and Distance Education in the country.
(Kashmir Images)
Dr. Abdul Gani (Regional director, IGNOU, Srinagar)
With about 360 universities and 18600 colleges, Indian system of higher education is one of the fastest growing systems in the world. However, in spite of tremendous expansion recorded in its higher educational system, even now one-third of its adult population is illiterate and only about 10% of the eligible age group get enrolled in higher education.
Access and equity, vocationalisation of education, pedagogic reforms still remain major issues of concern. The conventional higher education is not flexible enough to cope up with the scale of educational challenge and respond to the need-based education and training. Lack of resources is one of the major impediments in realizing the national goal of universalization of elementary education and vocationalisation of secondary education. Therefore, the technologies of different kind need to be harnessed to supplement the conventional teaching and learning process.
It is in this context that Open Distance Learning (ODL) is being seen as a means for ushering in a revolution in delivery of quality education in a cost effective and need-based manner. As of today, the open and distance learning system in India comprising, besides IGNOU, 14 state open universities and 140 distance education centres in the conventional universities account for 25% of the total higher education enrolment in the country. Several established institutions like IIT’s and IIM’s have also started distance education programmes. Distance education has been particularly helpful for women. In India, women make up 40% of distance education students compared with 28% in the conventional face-to-face mode.
The overall higher education student enrolment in the country is projected to grow at 10% per annum while as the ODL System enrolment is expected to grow at 20% per annum during the Eleventh Five Year Plan period (2007-2012). Accordingly, by the end of the 11th Five Year Plan, 29 states in the country are expected to have one Open University each with a plan to cater to about 40 percent of higher education learner population in the country and account for an enrollment of around 7 million students. By the year 2015 more than 85% of the universities of the world are expected to provide a dual system of education i.e. both formal and open learning.
As one of the leading mega universities of the world IGNOU’s reach now extends to over 2 million students in India and 33 other countries of the world, offering 175 programmes through a network of 59 Regional Centres and about 2400 study centres. It accounts for over 15% of the total enrolment in higher education in the country. That means every 4th student of higher education in India is in distance mode and every 8th student of higher education in the country is the student of IGNOU.
On the recommendation of the task group on Education set up by the MHRD in 1998, to identify the educational requirements of the State of J&K, Srinagar Regional Centre of IGNOU was established in February 1999 with jurisdiction over Kashmir Division including Leh and Kargil. It started its journey from just one room of the Department of Commerce of Kashmir University, with the help of one part-time clerk, with just four centres, 14 programmes and around 1000 students. With only 10 years of its existence, IGNOU Regional Centre at Srinagar has already enrolled well over 60,000 students. It is a matter of great pride for us that with the average admission figure of over 8000 students every year we have recorded one of the highest per capita enrolments in the country.
At present IGNOU is operating practically in every nook and corner of Kashmir Division through a network of 29 centers, comprising 9 Study Centers, 15 Programme Centers and 4 Special Study Centers. Almost every district of Kashmir Division including Leh & Kargil has presence of IGNOU learner support centers. In an attempt to reach the unreached we have already established special study centres for women and masses living in remote areas and are in the process of establishing similar centres for physically challenged, people belonging to far flung areas.
For the capacity building and strengthening of the conventional education system, a new convergence scheme has been conceived jointly by UGC, IGNOU, Distance Education Council and AICTE under the guidance of the Ministry of Human Resources Development. Its objective is to achieve the projected target of the 11th Plan of increasing higher education access rate to15th % by 2012 from the current 10%, by making the optimal use of the strengths of the conventional and ODL systems. Under this scheme so far 359 conventional higher education institutions have enrolled over 10,00 students. In Kashmir 2 partner institutions are already operational under the scheme, which include the College of Education and the Women’s College, MA Road adjacent to it. A number of other institutions of the valley are being covered under this scheme.
To provide a gateway to on line education, online admission and free of cost internet facility at the doorsteps of the students, the university has launched an ambitious project of providing state of the art kiosk facility with latest computing, and broadband internet facility with adequate power back to our study centres. At the regional Centre and Amar Singh College the facility is already in place. At Degree College Kupwara and Degree College Kargil it would be operational next week. Very soon the facility would be extended to other centres also. Ultimate plan is to link the entire IGNOU network in the valley with our Hqrs. at Delhi.
Our recent initiates of walk in admissions and online admissions are showing encouraging results. We are soon introducing on line and on demand examination facility for our students. The educational system in the valley is going to witness the dawn of new era as a full-fledged FM radio station is being set up very soon at Srinagar exclusively for education, training and development in Kashmir. It would be used to broadcast programmes not only for IGNOU students but also for those pursuing school, higher, technical and professional education in valley. The entire equipment has already reached Srinagar. The station is scheduled to be become operational by April this year.
The indications are that a culture of distance and open education has started developing in the J&K State. Realizing the potential and significance of ODL in the State, the government has already established the State Open School in collaboration with the National Institute of Open Schooling. The State is seriously considering the establishment of a State Open University for which the technical and financial support is being provided by IGNOU, being the statutory of Open and Distance Education in the country.
(Kashmir Images)
How State Politicians Work as a Cabal Protecting Each Other's Vested Interests
Every year a detailed report by the CAG on misgovernance, inept management and corruption in the State is tabled during the Budget session in J&K Assembly. And yet, no politician - even from the opposition - discusses its contents.
Following is an editorial in the Kashmir Images followed by CAG findings reported in the Kashmir Times
JAMMU: The Minister for Finance, Law and Parliamentary Affairs, Abdul Rahim Rather laid on the Table of the House, a copy of the report of Comptroller and Auditor General of India (CAG) for the year ending March, 2008 as required by Article 15(2) of the Constitution of India.
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CAG Report
It has become precedence that the Comptroller and Auditor General (CAG) of India’s report is tabled in State Assembly only once the session reaches its end and therefore there are no discussions over the contents of the report. Presenting the report in the House has become a mere formality and that is why there never is any follow-up on the observations made in these reports and misappropriation of government money and violation of laws and set rules continues unabated.
The way the CAG report is taken non-seriously by the respective governments is one of the reasons for growing corruption in the state. In its latest report CAG has once again come forward with observations exposing rot in the government departments here. The report was tabled in the House Thursday by the Finance Minister and will again go unobserved. The newspapers may pick one or two stories but the government here has become so thick skinned that newspaper reports hardly have any impact.
It is an unfortunate state of affairs. Reports like that of CAG and the issues that are highlighted by media are basically for the correction of the government. But history stands witness that in Jammu and Kashmir, governments that be, have always shown scant regard to such reports and issues. In the arrogance of power, the governments, that be, have all along considered their wisdom as the ultimate and the result is for everybody to see – the state of Jammu and Kashmir is regarded as one of the most corrupt states of India.
Corruption can’t be done away with flowery speeches and tall claims. It needs a strong will and conviction on the part of the government. Corruption is a menace that is to be targeted from the top and then only one can expect desirable results. By arresting junior assistants, patwaris and VLWs, the government cand’t put a stop on this menace. As rightly suggested by MLA Langate in the Assembly if corruption is to be rooted out, all the three aspects – bureaucracy, police and politicians are to be put under scanner. If a minister discourages corruption, his department’s commissioner/secretary can’t dare to indulge in such practices and once he discourages the ill practice, message will do down to the concerned departments up to the peons.
Therefore the need is to target the menace at the top. By catching small fish and leaving big sharks free the government is making a joke of the whole affair. Besides, if government really wants to end the menace it has to take reports like those presented by the CAG seriously and follow the leads and reach to the bottom of the issues involved. The Chief Minister, Omar Abdullah has a very clean image and reputation but he has to understand that Jammu and Kashmir has always proved a graveyard of reputations. He has to stand by his reputation and image and take the corruption and corrupt machinery head on.
CAG indicts R&B for roads without bridges, bridges sans roads
Comptroller and Auditor General's report has indicted Jammu and Kashmir Roads and Buildings Department for making reprehensible plans leading to idle and unfruitful expenditure of Rs. 151.20 crores in various road projects across the state.
It has accused the department of working as per the directions of the MLA's and ministers rather then with application of mind. The report has in its transactions section stated that the department took up the work of providing road connectivity to five villages and executive engineer of R&B division at Handwara proposed construction of a 15.30 meters span steel bridge over Dangerwari Khul at Neelipora in Babagund area at an estimated cost of Rs.49.98 lakh for completion in two working seasons.
The reports maintains that the said executive engineer took up the work in December 2002 without getting administrative approval and the necessary technical sanction and got it completed in August 2005 at a cost of Rs.46.33 lakh. However, due to execution of extra items of work not provided in the original estimates, the work of taking up the construction of retaining walls could not be taken up.
The report asserts that taking up of the work by the department without accord of administrative approval and technical sanction led to execution of unapproved works resulting in irregular expenditure of Rs.46.33 lakhs on the bridge which had been rendered idle for the last over three years due to non-completion of the approaches.
CAG referred the matter to the state government in June 2008 but received no reply. Taking note of the blocking of funds, the report says that executive engineer of R&B construction division-IV on the directions of the then Chief Minister prepared a report for construction of a railway over-bridge at Channi Himmat in the outskirts of Jammu city at an estimated cost of Rs.8.05 crore which was subsequently revised to Rs.10.58 crore.
The amount included Rs.56.30 lakh for land acquisition and Rs.70 lakh for compensation of houses and shops. Again in anticipation of the administrative approval and technical sanction and without receipt of estimates from Collector, Land Acquisition, the department advanced Rs.1.05 crore to him. However, the residents of the area who land was coming under alignment of the flyover resented its construction and did not allow evaluation of the compensation which was to be paid.
CAG says that the department should have advanced funds to the CLA only after completion of the necessary formalities. But not doing so resulted in idle expenditure and locking up of Rs.1.05 crore. Similarly, failure of the department to acquire land before the allotment of work for construction of motorable road and bridge over Kandyar Nullah connecting around five villages rendered an expenditure of Rs.67.09 lakh unfruitful.
This works was also taken without administrative approval and technical sanction. CAG says that scrutiny of records of PWD department of Basholi revealed that executive engineer of R&B division at Basholi took up the work of construction of road from Machedi to Duggian without framing estimates and in anticipation of clearance by the forest department for the use of forest land.
But taking up the execution work of the work without the clearance from forest authorities and the requisite approvals from competent authorities resulted in an unfruitful expenditure of Rs.20.55 lakh. The department made frequent changes in the construction proposals of 66 meter vented causeway at Jahama over Kalamchakla-Jhama-Shahnagri road in Handwara rendering the expenditure of Rs. 13.87 lakh incurred on construction of abutments unfruitful.
Besides this, an amount of Rs.52.40 lakh on the procurement of the materials got blocked. In Rajouri, the department with intent of constructing a bridge to provide connectivity to 10 villages falling on left side of Rajouri River had proposed construction of a 134 meter span foot suspension bridge at Dhanwan Chakli at an estimated cost of Rs.79.31 lakh.
But due to the failure of the department in deciding about the type of bridge that was to be constructed and unauthorizedly incurring Rs.12.08 lakh thereon resulted in unfruitful expenditure of Rs.12.08 lakh and locking up of Rs.5.97 lakh.
Inept management in SRTC costs J&K Rs 36.12 cr
Inept administration, weak internal control mechanism coupled with rampant corruption in Jammu and Kashmir State Transport Department resulted in loss of Rs. 36.12 crores to the fragile state exchequer.
This spine chilling reality has been brought forth by the audit report of the Comptroller and Auditor General of India for the year 2007-08. The report bears testimony to the fact that the department has remained lax throughout and preferred "Out of Way" mechanism over "Through Proper Channel" mechanism.
It has pricked at the places from where a persistent check on the maintenance, fitness and feasibility of the vehicles had to be ensured. The report has vividly accused the department of remaining lax towards the thorough enforcement of Motor Vehicles Act-1988 and being negligent towards effective revenue realisation.
After evaluating the report, it becomes apparent that non-conducting of inspection of vehicles resulted in non-recovery of Rs.9.25 crore during 2003-04 to 2006-07 and token tax of Rs.1.15 crore. Non-imposition of penalty due to over-loading of vehicles resulted in loss of Rs.25.72 crore during April 2004 to March 2008, the audit report says.
Interestingly, recent reports have also attributed the increasing frequency of road accidents to the same shortcomings which the audit report has pointed out. An oblivious state government has promised a new transport policy but prefers keeping mum over the inordinate delay in coming up with a draft proposal of the policy at the earliest.
The report has stressed that the department neither bothered about administrative inspections nor internal audit of the subordinate units despite the fact that the transport commissioner who is entrusted with the job of administration of motor vehicle taxes and fees in the state is assisted by three Regional Transport Officers (Jammu, Kashmir, Lakhanpur) and 11 Assistant Regional Transport Officers (ARTOs).
Out of these 11, 7 have are in Kashmir region and 4 in Jammu region. Picking up holes in the functioning of the department, CAG has said "The performance of the department with regard to motor vehicles tax was poor as it failed to recover registration renewal fees, permit renewal fee, penalty on account of non-inspection and license fee for issue of license to conductors."
It has added that there was lack of co-ordination between the departments resulting in non-recovery of passenger tax. The report says that scrutiny of records of Regional Transport Office (RTO) Srinagar has shown that certificate of registration (COR) of 932 non-transport motor vehicles, registered between April 1988 and December 1992, was not renewed. It has said that no action was taken by the RTO to realise the dues and as a result, renewal fee of Rs. 1.51 lakh remained unrealised.
It is important to mention here that COR of non-transport motor vehicles is valid for 15 years from the date of its issue. CAG goes on to add that after the cases were pointed out, it was stated by the then RTO Srinagar that the action could not be taken due to shortage of manpower. Moreover, the department failed to refer the list of defaulters to the Traffic Department for further action.
Referring to the issuance and renewal of permits of the owners of the transport vehicles, CAG has said that scrutiny of the records revealed that in nine transport offices, permits had been renewed only in such cases where the vehicle owners had voluntarily made applications for the purpose. "Neither RTOs nor ARTOs had made any exercise to review the permit registers periodically to identify the defaulters," CAG has pointed out.
Consequently, cases of non-recovery, short recovery were detected which included 126 permits which were due for renewal between 2003-04 to 2007-08 but had not been renewed, resulting in non-recovery of permit fee of Rs. 6.09 lakh. Based on the above sample, the most likely estimate of non-recovery of permit fee for the state as a whole for the years 2003-04 to 2007-08 was Rs. 89.94 lakh.
In 550 cases, Rs. 2.26 lakh was recovered short on account of renewal fee. Based on the above test check, the most likely estimates of short recovery of permit fee for the state as a whole during 2003-04 to 2007-08 was Rs. 22.41 lakh. In case of 55 vehicles, route permits were not obtained by the vehicle owners resulting in non-recovery of Rs. 4.50 lakh, points out the CAG report.
Based on above test check, the most likely estimates of non-recovery due to un-issued permits for the state as a whole for the years 2003-04 to 2007-08 is Rs. 55.22 lakh. CAG has regretted tat despite being pointed out, the department actually failed to identify and book the defaulters.
Audit scrutiny has further revealed that against 2,49,129 vehicles due for inspection in 14 Transport Offices during 2003-04 to 2006-07, inspections in respect of 1,39,522 vehicles only had been conducted resulting in shortfall of 44 percent. Non-inspection of the motor vehicles had not only resulted in the vehicles plying without fitness certificates but also resulted in non-recovery of Rs. 9.25 crore on account of inspection and additional fee.
The payment of token tax, as a one-time measure in respect of light motor vehicles was, however, made mandatory with effect from 9 December 2005. However, CAG has revealed that in RTO Jammu, licenses of 11 driving institutes were not renewed for periods ranging between two to 11 years resulting in non-recovery of license fee of Rs. 47,000. The reasons for non-recovery have not been received.
It is important to mention here that agents licence for carrying goods is required to be obtained by all the transporters and is valid for one year which is required to be renewed thereafter. CAG after the scrutiny of records found out that in Transport Commissioner's office, 70 cases of agents licenses were not renewed for the last one to 11 years resulting in non-recovery of licence fee of Rs. 10.69 lakh.
Making a mention of another serious flaw, CAG says that the fee for issuance of licence under the Rule was Rs. 3,250 which was subsequently (April 1999) reduced to Rs. 2,000 without issuing formal notification by the government. In Transport Commissioner's office, it was noticed that though the reduction of fees was not notified, fee had been charged at the reduced rate of Rs. 2,000 in 81 cases resulting in short recovery of Rs. 5.28 lakh between April 2003 and March 2008.
Further, in 56 cases, licenses had not been renewed for the period from April 2003 to March 2008 resulting in non-recovery of licence fee of Rs. 8.35 lakh. Scrutiny of the records revealed that in 40 cases, trade certificates had not been renewed between August 2001 and March 2008 which resulted in non-recovery of fee of Rs. 46,000.
Besides, no survey or inspection had been conducted from 2003-04 to 2007-08 to detect the defaulting dealers, violating the provisions of the Act. After the case was pointed out, Joint Transport Commissioner (JTC) stated that the registering authorities had been directed to identify the defaulters.
In order to check the emission in vehicles, Pollution Checking Centres (PCC) were established under Rule 115 and 116 of the CMV Rules. A licence is issued to such centres at the prescribed fee of Rs. 5,000 valid for one year to be renewed before 31 March every year on payment of fee of Rs. 2,500.
Scrutiny of records of the Transport Commissioner revealed that the licenses of four PCCs were not renewed for periods ranging between one and eight years resulting in non-recovery of renewal fee of Rs. 48,500. Besides, licenses had been cancelled in respect of three centres against which, renewal fee of Rs. 40,500 was outstanding.
CAG questions HEALTH of health Deptt - Detects idle investment of Rs 98.50 lakhs
The Comptroller and Auditor General (CAG) has detected failures of Health department in settling the land compensation issue before taking up the construction of a Public Health Centre in Anantnag which resulted in idle investment of Rs 98.50 lakhs and blocking of another Rs 42.50 lakhs.
The report filed by CAG said that scrutiny of the records of the Chief Medical Officer (CMO) Anantnag, revealed that construction of Primary Health Centre (PHC) building at Vessu, estimated to cost Rs 1.51 crore, was taken up in November 2003 through Jammu and Kashmir Projects Construction Corporation (JKPCC).
For the PHC building which was constructed on a piece of land measuring five kanals, local Auqaf donated four kanals of land while another kanal was procured from a local resident.
However, the Health department utilized this land without getting the title of the land transferred.
The report further revealed that the project works included construction of main building, staff quarters besides approach roads and compound wall. While the work was in progress, the land-owner, whose land (1 kanal) came under the project, approached the court in July 2006, contending that the Health department has promised him compensation for the land besides engagement of his son as Class-IV employee in the department.
In September 2006, the court restrained the Health department from making any construction on spot, although by then an amount of Rs 98.50 lakhs had been incurred on the execution of works. Since then no action was taken by the department to get the stay vacated and resume the work on the PHC building, which incurred losses to the state exchequer both in terms of wastage of time as well as blocking of money spent on the project thus far.
The Health department had advanced Rs 1.41 crore to JKPCC during 2004-2005 to 2007-08. A revised cost offer of Rs 1.98 crore for completion of the project works was submitted in September 2007 by JKPCC to the Director Health Services, Kashmir.
CMO Anantnag, according to CAG report, stated in September 2008 that the completed Doctors’ quarters could also not be taken over by the department as the doctors were required to work in the centre which was still incomplete.
Thus, the departmental failure to settle the issue of land compensation before taking up the construction of PHC building at Vessu has resulted in idle investment of Rs 98.50 lakhs and blocking of Rs 42.50 lakhs with JKPCC for around three years.
The matter was referred to the government and Health department in September 2008, but thus far no reply has not been received, the CAG report points out.
And to sum it all up .....
Business as usual in the J&K legislature
More noise and walk-outs than debates and legislations (Kashmir Times)
The eleven day state legislature session that ended on Monday failed to be inspiring. At best it was an occasion for all political parties being represented in the august houses of the state legislature to use the platform to play to their respective constituencies in run up to the next Lok Sabha elections that were announced during the midst of the session. The only good that emerged is that the short session threw up several issues, though none of them was debated in a way that could have offered some constructive solutions.
Two major themes that formed part of the debate throughout the session were the unemployment and the issue of human rights. Both of them inspired more disruptions than healthy constructive debates. In fact, much of the assembly time was devoted to disruptions, noisy scenes and walkouts, a scenario that has become familiar in recent years in the legislative assembly and council.
A major chunk of the time was also frittered away in unproductive discussions and unimaginative, sometimes even factually incorrect replies, from the treasury benches. The government fumbled on several promises it had made including even the much hyped 'one job for every family' slogan and the announced decision of extra grant for the eight assembly segments of Srinagar district alone. The opposition too indulged in shadow boxing and nailing the government, sometimes with equally ill informed facts, rather than getting to the basic root of several serious issues that were taken up.
The human rights debate occupied the maximum time in the state legislative assembly and even though it was discussed and debated, the basic genesis of the problem was treated in the most cosmetic and hurried manner. The performance on the floors of both the state legislative assembly and legislative council eventually turned out to be a theatre of not just disruptions but also partisanship, revealing the narrow vision of the lawmakers of the state.
A major function of the state legislature, like the parliament is to legislate, that is formulate, table, discuss and decide on major policy matters and laws. As is the tradition, several bills were tabled and passed, but with the usual hurry that if one batted an eyelid, one may even have missed their passage on the floor of the august houses. If efficiency could be gauged by the swiftness of things, then perhaps the Jammu and Kashmir legislative assembly which passes a couple of bills within a matter of minutes, without being debated, discussed, rather without the distinguished representatives of the people even flipping through the pages of the copies of the bills they are provided with. This is not a phenomenon unique to the present state legislative assembly but has been in vogue for more than a decade.
Legislators in deep slumber or abject ignorance have been nodding their heads and saying their 'ayes' as bills have been tabled and passed as if a marathon is taking place and then realised much later what they said their yes to. One cannot forget that it was with a similar haste that bills on delimitation and the women's permanent residentship were passed some years ago, creating controversies that last till date.
Only a fraction of time in the state legislative assembly is spent on legislations, even lesser than the debate on some serious questions. That is why a bill that is so vital for democracy, Right to Information Act, tabled and passed with great haste twice before, had to be again brought up this year. Though Omar Abdullah needs to be congratulated for having brought some parity with the central act, after so many years of procrastinating, the final bill, passed in equal haste, failed to incorporate several suggestions made by activists, experts and common masses, which could have made a model bill for rest of the country. This despite the fact that for a couple of days, as promised, the draft of the bill was hosted on the government website for comments and suggestions, that could be incorporated. Eventually, all of them, without even debating their merits and demerits, were finally discarded in the dustbin. The final passage ultimately symbolised the careless elan with which business is conducted in both houses of the state legislature. Time some healthy debates and constructive suggestions or policies framed inside restore some of the weathered dignity of this institution on whose bedrock the very future of the people of the state lies.
Following is an editorial in the Kashmir Images followed by CAG findings reported in the Kashmir Times
JAMMU: The Minister for Finance, Law and Parliamentary Affairs, Abdul Rahim Rather laid on the Table of the House, a copy of the report of Comptroller and Auditor General of India (CAG) for the year ending March, 2008 as required by Article 15(2) of the Constitution of India.
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CAG Report
It has become precedence that the Comptroller and Auditor General (CAG) of India’s report is tabled in State Assembly only once the session reaches its end and therefore there are no discussions over the contents of the report. Presenting the report in the House has become a mere formality and that is why there never is any follow-up on the observations made in these reports and misappropriation of government money and violation of laws and set rules continues unabated.
The way the CAG report is taken non-seriously by the respective governments is one of the reasons for growing corruption in the state. In its latest report CAG has once again come forward with observations exposing rot in the government departments here. The report was tabled in the House Thursday by the Finance Minister and will again go unobserved. The newspapers may pick one or two stories but the government here has become so thick skinned that newspaper reports hardly have any impact.
It is an unfortunate state of affairs. Reports like that of CAG and the issues that are highlighted by media are basically for the correction of the government. But history stands witness that in Jammu and Kashmir, governments that be, have always shown scant regard to such reports and issues. In the arrogance of power, the governments, that be, have all along considered their wisdom as the ultimate and the result is for everybody to see – the state of Jammu and Kashmir is regarded as one of the most corrupt states of India.
Corruption can’t be done away with flowery speeches and tall claims. It needs a strong will and conviction on the part of the government. Corruption is a menace that is to be targeted from the top and then only one can expect desirable results. By arresting junior assistants, patwaris and VLWs, the government cand’t put a stop on this menace. As rightly suggested by MLA Langate in the Assembly if corruption is to be rooted out, all the three aspects – bureaucracy, police and politicians are to be put under scanner. If a minister discourages corruption, his department’s commissioner/secretary can’t dare to indulge in such practices and once he discourages the ill practice, message will do down to the concerned departments up to the peons.
Therefore the need is to target the menace at the top. By catching small fish and leaving big sharks free the government is making a joke of the whole affair. Besides, if government really wants to end the menace it has to take reports like those presented by the CAG seriously and follow the leads and reach to the bottom of the issues involved. The Chief Minister, Omar Abdullah has a very clean image and reputation but he has to understand that Jammu and Kashmir has always proved a graveyard of reputations. He has to stand by his reputation and image and take the corruption and corrupt machinery head on.
CAG indicts R&B for roads without bridges, bridges sans roads
Comptroller and Auditor General's report has indicted Jammu and Kashmir Roads and Buildings Department for making reprehensible plans leading to idle and unfruitful expenditure of Rs. 151.20 crores in various road projects across the state.
It has accused the department of working as per the directions of the MLA's and ministers rather then with application of mind. The report has in its transactions section stated that the department took up the work of providing road connectivity to five villages and executive engineer of R&B division at Handwara proposed construction of a 15.30 meters span steel bridge over Dangerwari Khul at Neelipora in Babagund area at an estimated cost of Rs.49.98 lakh for completion in two working seasons.
The reports maintains that the said executive engineer took up the work in December 2002 without getting administrative approval and the necessary technical sanction and got it completed in August 2005 at a cost of Rs.46.33 lakh. However, due to execution of extra items of work not provided in the original estimates, the work of taking up the construction of retaining walls could not be taken up.
The report asserts that taking up of the work by the department without accord of administrative approval and technical sanction led to execution of unapproved works resulting in irregular expenditure of Rs.46.33 lakhs on the bridge which had been rendered idle for the last over three years due to non-completion of the approaches.
CAG referred the matter to the state government in June 2008 but received no reply. Taking note of the blocking of funds, the report says that executive engineer of R&B construction division-IV on the directions of the then Chief Minister prepared a report for construction of a railway over-bridge at Channi Himmat in the outskirts of Jammu city at an estimated cost of Rs.8.05 crore which was subsequently revised to Rs.10.58 crore.
The amount included Rs.56.30 lakh for land acquisition and Rs.70 lakh for compensation of houses and shops. Again in anticipation of the administrative approval and technical sanction and without receipt of estimates from Collector, Land Acquisition, the department advanced Rs.1.05 crore to him. However, the residents of the area who land was coming under alignment of the flyover resented its construction and did not allow evaluation of the compensation which was to be paid.
CAG says that the department should have advanced funds to the CLA only after completion of the necessary formalities. But not doing so resulted in idle expenditure and locking up of Rs.1.05 crore. Similarly, failure of the department to acquire land before the allotment of work for construction of motorable road and bridge over Kandyar Nullah connecting around five villages rendered an expenditure of Rs.67.09 lakh unfruitful.
This works was also taken without administrative approval and technical sanction. CAG says that scrutiny of records of PWD department of Basholi revealed that executive engineer of R&B division at Basholi took up the work of construction of road from Machedi to Duggian without framing estimates and in anticipation of clearance by the forest department for the use of forest land.
But taking up the execution work of the work without the clearance from forest authorities and the requisite approvals from competent authorities resulted in an unfruitful expenditure of Rs.20.55 lakh. The department made frequent changes in the construction proposals of 66 meter vented causeway at Jahama over Kalamchakla-Jhama-Shahnagri road in Handwara rendering the expenditure of Rs. 13.87 lakh incurred on construction of abutments unfruitful.
Besides this, an amount of Rs.52.40 lakh on the procurement of the materials got blocked. In Rajouri, the department with intent of constructing a bridge to provide connectivity to 10 villages falling on left side of Rajouri River had proposed construction of a 134 meter span foot suspension bridge at Dhanwan Chakli at an estimated cost of Rs.79.31 lakh.
But due to the failure of the department in deciding about the type of bridge that was to be constructed and unauthorizedly incurring Rs.12.08 lakh thereon resulted in unfruitful expenditure of Rs.12.08 lakh and locking up of Rs.5.97 lakh.
Inept management in SRTC costs J&K Rs 36.12 cr
Inept administration, weak internal control mechanism coupled with rampant corruption in Jammu and Kashmir State Transport Department resulted in loss of Rs. 36.12 crores to the fragile state exchequer.
This spine chilling reality has been brought forth by the audit report of the Comptroller and Auditor General of India for the year 2007-08. The report bears testimony to the fact that the department has remained lax throughout and preferred "Out of Way" mechanism over "Through Proper Channel" mechanism.
It has pricked at the places from where a persistent check on the maintenance, fitness and feasibility of the vehicles had to be ensured. The report has vividly accused the department of remaining lax towards the thorough enforcement of Motor Vehicles Act-1988 and being negligent towards effective revenue realisation.
After evaluating the report, it becomes apparent that non-conducting of inspection of vehicles resulted in non-recovery of Rs.9.25 crore during 2003-04 to 2006-07 and token tax of Rs.1.15 crore. Non-imposition of penalty due to over-loading of vehicles resulted in loss of Rs.25.72 crore during April 2004 to March 2008, the audit report says.
Interestingly, recent reports have also attributed the increasing frequency of road accidents to the same shortcomings which the audit report has pointed out. An oblivious state government has promised a new transport policy but prefers keeping mum over the inordinate delay in coming up with a draft proposal of the policy at the earliest.
The report has stressed that the department neither bothered about administrative inspections nor internal audit of the subordinate units despite the fact that the transport commissioner who is entrusted with the job of administration of motor vehicle taxes and fees in the state is assisted by three Regional Transport Officers (Jammu, Kashmir, Lakhanpur) and 11 Assistant Regional Transport Officers (ARTOs).
Out of these 11, 7 have are in Kashmir region and 4 in Jammu region. Picking up holes in the functioning of the department, CAG has said "The performance of the department with regard to motor vehicles tax was poor as it failed to recover registration renewal fees, permit renewal fee, penalty on account of non-inspection and license fee for issue of license to conductors."
It has added that there was lack of co-ordination between the departments resulting in non-recovery of passenger tax. The report says that scrutiny of records of Regional Transport Office (RTO) Srinagar has shown that certificate of registration (COR) of 932 non-transport motor vehicles, registered between April 1988 and December 1992, was not renewed. It has said that no action was taken by the RTO to realise the dues and as a result, renewal fee of Rs. 1.51 lakh remained unrealised.
It is important to mention here that COR of non-transport motor vehicles is valid for 15 years from the date of its issue. CAG goes on to add that after the cases were pointed out, it was stated by the then RTO Srinagar that the action could not be taken due to shortage of manpower. Moreover, the department failed to refer the list of defaulters to the Traffic Department for further action.
Referring to the issuance and renewal of permits of the owners of the transport vehicles, CAG has said that scrutiny of the records revealed that in nine transport offices, permits had been renewed only in such cases where the vehicle owners had voluntarily made applications for the purpose. "Neither RTOs nor ARTOs had made any exercise to review the permit registers periodically to identify the defaulters," CAG has pointed out.
Consequently, cases of non-recovery, short recovery were detected which included 126 permits which were due for renewal between 2003-04 to 2007-08 but had not been renewed, resulting in non-recovery of permit fee of Rs. 6.09 lakh. Based on the above sample, the most likely estimate of non-recovery of permit fee for the state as a whole for the years 2003-04 to 2007-08 was Rs. 89.94 lakh.
In 550 cases, Rs. 2.26 lakh was recovered short on account of renewal fee. Based on the above test check, the most likely estimates of short recovery of permit fee for the state as a whole during 2003-04 to 2007-08 was Rs. 22.41 lakh. In case of 55 vehicles, route permits were not obtained by the vehicle owners resulting in non-recovery of Rs. 4.50 lakh, points out the CAG report.
Based on above test check, the most likely estimates of non-recovery due to un-issued permits for the state as a whole for the years 2003-04 to 2007-08 is Rs. 55.22 lakh. CAG has regretted tat despite being pointed out, the department actually failed to identify and book the defaulters.
Audit scrutiny has further revealed that against 2,49,129 vehicles due for inspection in 14 Transport Offices during 2003-04 to 2006-07, inspections in respect of 1,39,522 vehicles only had been conducted resulting in shortfall of 44 percent. Non-inspection of the motor vehicles had not only resulted in the vehicles plying without fitness certificates but also resulted in non-recovery of Rs. 9.25 crore on account of inspection and additional fee.
The payment of token tax, as a one-time measure in respect of light motor vehicles was, however, made mandatory with effect from 9 December 2005. However, CAG has revealed that in RTO Jammu, licenses of 11 driving institutes were not renewed for periods ranging between two to 11 years resulting in non-recovery of license fee of Rs. 47,000. The reasons for non-recovery have not been received.
It is important to mention here that agents licence for carrying goods is required to be obtained by all the transporters and is valid for one year which is required to be renewed thereafter. CAG after the scrutiny of records found out that in Transport Commissioner's office, 70 cases of agents licenses were not renewed for the last one to 11 years resulting in non-recovery of licence fee of Rs. 10.69 lakh.
Making a mention of another serious flaw, CAG says that the fee for issuance of licence under the Rule was Rs. 3,250 which was subsequently (April 1999) reduced to Rs. 2,000 without issuing formal notification by the government. In Transport Commissioner's office, it was noticed that though the reduction of fees was not notified, fee had been charged at the reduced rate of Rs. 2,000 in 81 cases resulting in short recovery of Rs. 5.28 lakh between April 2003 and March 2008.
Further, in 56 cases, licenses had not been renewed for the period from April 2003 to March 2008 resulting in non-recovery of licence fee of Rs. 8.35 lakh. Scrutiny of the records revealed that in 40 cases, trade certificates had not been renewed between August 2001 and March 2008 which resulted in non-recovery of fee of Rs. 46,000.
Besides, no survey or inspection had been conducted from 2003-04 to 2007-08 to detect the defaulting dealers, violating the provisions of the Act. After the case was pointed out, Joint Transport Commissioner (JTC) stated that the registering authorities had been directed to identify the defaulters.
In order to check the emission in vehicles, Pollution Checking Centres (PCC) were established under Rule 115 and 116 of the CMV Rules. A licence is issued to such centres at the prescribed fee of Rs. 5,000 valid for one year to be renewed before 31 March every year on payment of fee of Rs. 2,500.
Scrutiny of records of the Transport Commissioner revealed that the licenses of four PCCs were not renewed for periods ranging between one and eight years resulting in non-recovery of renewal fee of Rs. 48,500. Besides, licenses had been cancelled in respect of three centres against which, renewal fee of Rs. 40,500 was outstanding.
CAG questions HEALTH of health Deptt - Detects idle investment of Rs 98.50 lakhs
The Comptroller and Auditor General (CAG) has detected failures of Health department in settling the land compensation issue before taking up the construction of a Public Health Centre in Anantnag which resulted in idle investment of Rs 98.50 lakhs and blocking of another Rs 42.50 lakhs.
The report filed by CAG said that scrutiny of the records of the Chief Medical Officer (CMO) Anantnag, revealed that construction of Primary Health Centre (PHC) building at Vessu, estimated to cost Rs 1.51 crore, was taken up in November 2003 through Jammu and Kashmir Projects Construction Corporation (JKPCC).
For the PHC building which was constructed on a piece of land measuring five kanals, local Auqaf donated four kanals of land while another kanal was procured from a local resident.
However, the Health department utilized this land without getting the title of the land transferred.
The report further revealed that the project works included construction of main building, staff quarters besides approach roads and compound wall. While the work was in progress, the land-owner, whose land (1 kanal) came under the project, approached the court in July 2006, contending that the Health department has promised him compensation for the land besides engagement of his son as Class-IV employee in the department.
In September 2006, the court restrained the Health department from making any construction on spot, although by then an amount of Rs 98.50 lakhs had been incurred on the execution of works. Since then no action was taken by the department to get the stay vacated and resume the work on the PHC building, which incurred losses to the state exchequer both in terms of wastage of time as well as blocking of money spent on the project thus far.
The Health department had advanced Rs 1.41 crore to JKPCC during 2004-2005 to 2007-08. A revised cost offer of Rs 1.98 crore for completion of the project works was submitted in September 2007 by JKPCC to the Director Health Services, Kashmir.
CMO Anantnag, according to CAG report, stated in September 2008 that the completed Doctors’ quarters could also not be taken over by the department as the doctors were required to work in the centre which was still incomplete.
Thus, the departmental failure to settle the issue of land compensation before taking up the construction of PHC building at Vessu has resulted in idle investment of Rs 98.50 lakhs and blocking of Rs 42.50 lakhs with JKPCC for around three years.
The matter was referred to the government and Health department in September 2008, but thus far no reply has not been received, the CAG report points out.
And to sum it all up .....
Business as usual in the J&K legislature
More noise and walk-outs than debates and legislations (Kashmir Times)
The eleven day state legislature session that ended on Monday failed to be inspiring. At best it was an occasion for all political parties being represented in the august houses of the state legislature to use the platform to play to their respective constituencies in run up to the next Lok Sabha elections that were announced during the midst of the session. The only good that emerged is that the short session threw up several issues, though none of them was debated in a way that could have offered some constructive solutions.
Two major themes that formed part of the debate throughout the session were the unemployment and the issue of human rights. Both of them inspired more disruptions than healthy constructive debates. In fact, much of the assembly time was devoted to disruptions, noisy scenes and walkouts, a scenario that has become familiar in recent years in the legislative assembly and council.
A major chunk of the time was also frittered away in unproductive discussions and unimaginative, sometimes even factually incorrect replies, from the treasury benches. The government fumbled on several promises it had made including even the much hyped 'one job for every family' slogan and the announced decision of extra grant for the eight assembly segments of Srinagar district alone. The opposition too indulged in shadow boxing and nailing the government, sometimes with equally ill informed facts, rather than getting to the basic root of several serious issues that were taken up.
The human rights debate occupied the maximum time in the state legislative assembly and even though it was discussed and debated, the basic genesis of the problem was treated in the most cosmetic and hurried manner. The performance on the floors of both the state legislative assembly and legislative council eventually turned out to be a theatre of not just disruptions but also partisanship, revealing the narrow vision of the lawmakers of the state.
A major function of the state legislature, like the parliament is to legislate, that is formulate, table, discuss and decide on major policy matters and laws. As is the tradition, several bills were tabled and passed, but with the usual hurry that if one batted an eyelid, one may even have missed their passage on the floor of the august houses. If efficiency could be gauged by the swiftness of things, then perhaps the Jammu and Kashmir legislative assembly which passes a couple of bills within a matter of minutes, without being debated, discussed, rather without the distinguished representatives of the people even flipping through the pages of the copies of the bills they are provided with. This is not a phenomenon unique to the present state legislative assembly but has been in vogue for more than a decade.
Legislators in deep slumber or abject ignorance have been nodding their heads and saying their 'ayes' as bills have been tabled and passed as if a marathon is taking place and then realised much later what they said their yes to. One cannot forget that it was with a similar haste that bills on delimitation and the women's permanent residentship were passed some years ago, creating controversies that last till date.
Only a fraction of time in the state legislative assembly is spent on legislations, even lesser than the debate on some serious questions. That is why a bill that is so vital for democracy, Right to Information Act, tabled and passed with great haste twice before, had to be again brought up this year. Though Omar Abdullah needs to be congratulated for having brought some parity with the central act, after so many years of procrastinating, the final bill, passed in equal haste, failed to incorporate several suggestions made by activists, experts and common masses, which could have made a model bill for rest of the country. This despite the fact that for a couple of days, as promised, the draft of the bill was hosted on the government website for comments and suggestions, that could be incorporated. Eventually, all of them, without even debating their merits and demerits, were finally discarded in the dustbin. The final passage ultimately symbolised the careless elan with which business is conducted in both houses of the state legislature. Time some healthy debates and constructive suggestions or policies framed inside restore some of the weathered dignity of this institution on whose bedrock the very future of the people of the state lies.
Two Reports on Challenges Facing Women in Kashmir
Professor Hameeda hosts a Seminar jointly organized by the University of Kashmir, Center for Social and Development Studies and the Asian Women's Commission to mark the International Women's Day on March 7
(Dr. Hameeda Banu, 40+, was born in Tral, now in Pulwama district. She received her primary and secondary education in Tral and completed her college education in the Government Women's College, Srinagar. She received her M.A. and Ph.D. in English Literature from the University of Kashmir, and has been teaching in the Department of English at the University for the past 17 years. She is an excellent orator and an internationally travelled human rights activist. Her personal interests include campaigning for women's rights, global peace, interfaith dialogue, philosophy, psychology, literature, history and religious studies.)
Need to address powerlessness of Kashmiri women
Srinagar: Deliberating on the various issues facing women in Kashmir, speakers at a seminar organized by Kashmir University on Thursday reiterated the urgent need to acknowledge the role played by women in the society and address the marginalization of their rights.
Welcoming the participants, convenor of the seminar, Prof Hameeda Nayeem said the women have been subjected to systematic injustice in the society, and the initiatives started to free them from the clutches of the patriarchal society have also not been able to bring desirable changes.
”A woman has never been recognized as sovereign individual self,” she said, adding that the seminar aimed at examining whether the women in Kashmir have been liberated from abject subjugation or has her woes only been increased.
Stating that Kashmiri women continue to suffer under various forms of domestic violence, she stressed on the need for “moral renaissance” challenging the maltreatment of women.
The seminar held to mark the 100th Women Day was presided over by former head, department of English and noted columnist, Prof G R Malik.
He termed the lack of awareness among women as one of the main reasons for their exploitation.
Speaking on the occasion, senior journalist, Riyaz Masroor said in Kashmir there is a tendency to connect every issue, howsoever different, with the ongoing conflict. He called for the need to address the powerlessness of women. “It is an absurd trend where women are asked to confront men and imitate them. There is no need to do that since women have their own importance and role,” he said.
Masroor suggested the university can play an important role by arranging student visits to ignored areas of Valley, which have faced the brunt of conflict, to help them understand the issues better. He referred to Gurez valley where, he said, the armed forces outnumber the civilian population.
Stressing on a multi-level approach to solve the issues, Masroor said, “Kashmiri society is not a conservative one, but the problems faced by the women has its roots in political situation.” “An economically weak society is also responsible for the problems faced by women,” he added.
Educationist, Bashir Ahmad Dar stressed on the role of clergy to address the problems faced by women.
Stating that the cases of violence against women in Kashmir are not well-documented, he said, studies should be carried on the issues facing women to understand them better and to help come out with concrete measures to address them.
Dar said that the misinterpretation of religious scriptures further compounds the gender bias.
Karen J Fischer, a women’s activist, shared her experiences of working with women in the rural areas. She said the cultural differences invariably come in the way of women empowerment.
Referring to her visits to far-flung areas of the valley, Fischer said women play an active role in day-to-day life, doing house chores and in some cases even running the household.
“But when they assume a role outside the household, they are criticized by saying they are neglecting their obligations,” she said.
US born Fischer, who has worked as a lawyer earlier, said in Kashmir, the cultural stigma attached with some of the problems faced by the women hinder their alleviation. She also called for attention towards the health problems among women.
About the human rights violations perpetrated by the armed forces against women, Fischer referred to the difficulties in the verification of the statistics.
Gul Muhammad Wani, who teaches at the varsity’s political science department, said women have been in the cross-fire of conflict.
Stating that since 90’s, women empowerment, exclusion, discrimination and other issues have formed the dominant discourse in social sciences, he referred to the plight of women during partition of the subcontinent in 1947.“75,000 women were raped during the period,” Wani said. He added that many families were later on reluctant to accept the victim women of the household.
In his characteristically humorous style, noted poet, Zareef Ahmad Zareef referred to the place of women in the traditional family structure of Kashmir. He pointed the discrepancies in the marriage institution which later on give rise to domestic violence, referring to some of his personnel experiences.
Ezabir Ali, who works with J&K Voluntary Health Association and has a vast experience of working with women, highlighted the psychological problems faced by the women.
She said the health of women is often ignored and the prevalence of serious complications among women often goes unreported.
Noted columnist, Z G Muhammad highlighting the plight of women victims of the conflict stated that while the government works on rehabilitation schemes, widows of militants are not taken care of.
“No census has been done for the number of widows in Kashmir,” he observed.
Speaking on the occasion, a student of Women’s College, Ambreen referred to the impact of militarization on girl education.
She said there are numerous instances where the girl students have been routinely harassed by the troopers.
“They often pass indecent remarks at girl students. Many a time, the girls are even implicated in false cases,” she said.
(Rising Kashmir)
Moving from the esoteric to burning issues of the day, Athar highlights the lack of basic health facilities for women in Kashmir
Women in J&K’s far flung areas distanced from basic health facilities
Athar Parvaiz (Kashmir Times)
SRINAGAR: As the privileged women all across the world brace up for
celebrating the International Women’s Day on March, 7, the underprivileged
continue to suffer even as their sufferings offer varied themes to debaters
annually on this day. Jammu & Kashmir would be no exception to this annual
ritual.
In our case, there are themes galore. Women; victims of the conflict! Women;
victims of domestic violence! And women; victims of government apathy! The last
one sounds more shocking in the present era. Women, especially those belonging
to economically disadvantaged classes and those residing in far-flung areas, are
yet to enjoy basic facilities like access to proper health care if not quality
healthcare.
There is a terrible lack of maternity care hospitals which creates innumerable
problems for not only those requiring pregnancy and delivery care, but for the
women folk as a whole with hardly any gynecological health care available for
the persons from the female gender especially in far off places – and many
instances; not in so far away places.
The women from affluent families afford quality healthcare elsewhere and thus
escape the agony while those belonging to poor families end up as mute
sufferers. A few days earlier, a qualified female doctor’s account, who had
visited a far off place in district Kupwara in the capacity of a guest, was too
revealing. She narrated a distressing account as to how a 7th class female
student had become awfully anemic since there was no one in her family to take
care of her advancing puberty.
“This was a case, I just stumbled upon. May be there are hundreds or thousands
of such cases in the far off places,” she said. Over the years, the conflict in
Kashmir has already taken a toll of psychological well being of people in
Kashmir, particularly women and children In year 2006, Medicines Sans Frontiers
(MSF), a Holland-based NGO released the report of its study in Kashmir and said
that the interviewees reported witnessing (73.3%) and directly experiencing
themselves (44.1%), physical and psychological mistreatment, such as humiliation
and threats thus causing extensive damage to their psychological health. Almost
two-thirds of the people interviewed (63.9%) by MSF had heard over a similar
period about cases of rape, while one in seven had witnessed rape.
Over the last two decades particularly from 1988-2000, the healthcare system has
witnessed deterioration like the most of the vital sectors. According to the
medical experts in valley, the health awareness among the people is so low that
they are not aware about the health problems which in most of the cases take a
worst turn.
Dr Abdul Hameed Zargar, the Head department of Endocrinology and Director Sher- e-Kashmir Institute of Medical Sciences (SKIMS) says that 4.6 percent women in Kashmir suffer from gestational diabetes which often remains undiagnosed, again because of the fact that a desirable health-care system has not evolved in this part of the world; unfortunately 1/3rd of such patients die because of the chronic renal infections.”
Quoting a study conducted by him and his colleagues, Dr Zargar said that 38,000
women across Kashmir valley suffer from Sheehan’s Syndrome - which occurs
because of the poor obstetric care and wherein excessive bleeding during the
delivery causes damage to the pituitary gland. He observes that this is the
consequence of either the non-availability of gynecologists in the hospitals or
the lack of good hospitals.
Official records in the Health department reveal that there are around 100
vacancies of gynecologists in the valley. The records further reveal that only
two gynecologists are catering to the medical needs of lakhs of women in Kupwara
district whereas there is not a single pediatrician in the district. Official records further reveal that there is an acute shortage of gynecologists, anesthetists and pediatricians in the valley.
(Dr. Hameeda Banu, 40+, was born in Tral, now in Pulwama district. She received her primary and secondary education in Tral and completed her college education in the Government Women's College, Srinagar. She received her M.A. and Ph.D. in English Literature from the University of Kashmir, and has been teaching in the Department of English at the University for the past 17 years. She is an excellent orator and an internationally travelled human rights activist. Her personal interests include campaigning for women's rights, global peace, interfaith dialogue, philosophy, psychology, literature, history and religious studies.)
Need to address powerlessness of Kashmiri women
Srinagar: Deliberating on the various issues facing women in Kashmir, speakers at a seminar organized by Kashmir University on Thursday reiterated the urgent need to acknowledge the role played by women in the society and address the marginalization of their rights.
Welcoming the participants, convenor of the seminar, Prof Hameeda Nayeem said the women have been subjected to systematic injustice in the society, and the initiatives started to free them from the clutches of the patriarchal society have also not been able to bring desirable changes.
”A woman has never been recognized as sovereign individual self,” she said, adding that the seminar aimed at examining whether the women in Kashmir have been liberated from abject subjugation or has her woes only been increased.
Stating that Kashmiri women continue to suffer under various forms of domestic violence, she stressed on the need for “moral renaissance” challenging the maltreatment of women.
The seminar held to mark the 100th Women Day was presided over by former head, department of English and noted columnist, Prof G R Malik.
He termed the lack of awareness among women as one of the main reasons for their exploitation.
Speaking on the occasion, senior journalist, Riyaz Masroor said in Kashmir there is a tendency to connect every issue, howsoever different, with the ongoing conflict. He called for the need to address the powerlessness of women. “It is an absurd trend where women are asked to confront men and imitate them. There is no need to do that since women have their own importance and role,” he said.
Masroor suggested the university can play an important role by arranging student visits to ignored areas of Valley, which have faced the brunt of conflict, to help them understand the issues better. He referred to Gurez valley where, he said, the armed forces outnumber the civilian population.
Stressing on a multi-level approach to solve the issues, Masroor said, “Kashmiri society is not a conservative one, but the problems faced by the women has its roots in political situation.” “An economically weak society is also responsible for the problems faced by women,” he added.
Educationist, Bashir Ahmad Dar stressed on the role of clergy to address the problems faced by women.
Stating that the cases of violence against women in Kashmir are not well-documented, he said, studies should be carried on the issues facing women to understand them better and to help come out with concrete measures to address them.
Dar said that the misinterpretation of religious scriptures further compounds the gender bias.
Karen J Fischer, a women’s activist, shared her experiences of working with women in the rural areas. She said the cultural differences invariably come in the way of women empowerment.
Referring to her visits to far-flung areas of the valley, Fischer said women play an active role in day-to-day life, doing house chores and in some cases even running the household.
“But when they assume a role outside the household, they are criticized by saying they are neglecting their obligations,” she said.
US born Fischer, who has worked as a lawyer earlier, said in Kashmir, the cultural stigma attached with some of the problems faced by the women hinder their alleviation. She also called for attention towards the health problems among women.
About the human rights violations perpetrated by the armed forces against women, Fischer referred to the difficulties in the verification of the statistics.
Gul Muhammad Wani, who teaches at the varsity’s political science department, said women have been in the cross-fire of conflict.
Stating that since 90’s, women empowerment, exclusion, discrimination and other issues have formed the dominant discourse in social sciences, he referred to the plight of women during partition of the subcontinent in 1947.“75,000 women were raped during the period,” Wani said. He added that many families were later on reluctant to accept the victim women of the household.
In his characteristically humorous style, noted poet, Zareef Ahmad Zareef referred to the place of women in the traditional family structure of Kashmir. He pointed the discrepancies in the marriage institution which later on give rise to domestic violence, referring to some of his personnel experiences.
Ezabir Ali, who works with J&K Voluntary Health Association and has a vast experience of working with women, highlighted the psychological problems faced by the women.
She said the health of women is often ignored and the prevalence of serious complications among women often goes unreported.
Noted columnist, Z G Muhammad highlighting the plight of women victims of the conflict stated that while the government works on rehabilitation schemes, widows of militants are not taken care of.
“No census has been done for the number of widows in Kashmir,” he observed.
Speaking on the occasion, a student of Women’s College, Ambreen referred to the impact of militarization on girl education.
She said there are numerous instances where the girl students have been routinely harassed by the troopers.
“They often pass indecent remarks at girl students. Many a time, the girls are even implicated in false cases,” she said.
(Rising Kashmir)
Moving from the esoteric to burning issues of the day, Athar highlights the lack of basic health facilities for women in Kashmir
Women in J&K’s far flung areas distanced from basic health facilities
Athar Parvaiz (Kashmir Times)
SRINAGAR: As the privileged women all across the world brace up for
celebrating the International Women’s Day on March, 7, the underprivileged
continue to suffer even as their sufferings offer varied themes to debaters
annually on this day. Jammu & Kashmir would be no exception to this annual
ritual.
In our case, there are themes galore. Women; victims of the conflict! Women;
victims of domestic violence! And women; victims of government apathy! The last
one sounds more shocking in the present era. Women, especially those belonging
to economically disadvantaged classes and those residing in far-flung areas, are
yet to enjoy basic facilities like access to proper health care if not quality
healthcare.
There is a terrible lack of maternity care hospitals which creates innumerable
problems for not only those requiring pregnancy and delivery care, but for the
women folk as a whole with hardly any gynecological health care available for
the persons from the female gender especially in far off places – and many
instances; not in so far away places.
The women from affluent families afford quality healthcare elsewhere and thus
escape the agony while those belonging to poor families end up as mute
sufferers. A few days earlier, a qualified female doctor’s account, who had
visited a far off place in district Kupwara in the capacity of a guest, was too
revealing. She narrated a distressing account as to how a 7th class female
student had become awfully anemic since there was no one in her family to take
care of her advancing puberty.
“This was a case, I just stumbled upon. May be there are hundreds or thousands
of such cases in the far off places,” she said. Over the years, the conflict in
Kashmir has already taken a toll of psychological well being of people in
Kashmir, particularly women and children In year 2006, Medicines Sans Frontiers
(MSF), a Holland-based NGO released the report of its study in Kashmir and said
that the interviewees reported witnessing (73.3%) and directly experiencing
themselves (44.1%), physical and psychological mistreatment, such as humiliation
and threats thus causing extensive damage to their psychological health. Almost
two-thirds of the people interviewed (63.9%) by MSF had heard over a similar
period about cases of rape, while one in seven had witnessed rape.
Over the last two decades particularly from 1988-2000, the healthcare system has
witnessed deterioration like the most of the vital sectors. According to the
medical experts in valley, the health awareness among the people is so low that
they are not aware about the health problems which in most of the cases take a
worst turn.
Dr Abdul Hameed Zargar, the Head department of Endocrinology and Director Sher- e-Kashmir Institute of Medical Sciences (SKIMS) says that 4.6 percent women in Kashmir suffer from gestational diabetes which often remains undiagnosed, again because of the fact that a desirable health-care system has not evolved in this part of the world; unfortunately 1/3rd of such patients die because of the chronic renal infections.”
Quoting a study conducted by him and his colleagues, Dr Zargar said that 38,000
women across Kashmir valley suffer from Sheehan’s Syndrome - which occurs
because of the poor obstetric care and wherein excessive bleeding during the
delivery causes damage to the pituitary gland. He observes that this is the
consequence of either the non-availability of gynecologists in the hospitals or
the lack of good hospitals.
Official records in the Health department reveal that there are around 100
vacancies of gynecologists in the valley. The records further reveal that only
two gynecologists are catering to the medical needs of lakhs of women in Kupwara
district whereas there is not a single pediatrician in the district. Official records further reveal that there is an acute shortage of gynecologists, anesthetists and pediatricians in the valley.
Friday, March 6, 2009
Another Legacy Feature is fast Disappearing from Kashmir's Ecological Heritage
Will the real Mr. Masood Samoon please take some action?
Div Com imposes ban on lopping of Chinar trees
Srinagar: Taking strong note of the alleged complaints from ecologists, environmentalists, NGOs and especially media that reckless lopping and felling of Chinar is taking place in every nook and corner of the Valley, the Divisional Commissioner, Kashmir, Masaud Samoon has imposed a blanket ban on felling and lopping of Chinars.
The Divisional Commissioner said that Chinar is the heritage of Kashmir unparallel in beauty, strength and size amongst the trees of Kashmir. It is fast disappearing due to reckless felling, unkind and unfriendly attitude of the people in general and callous interference of vested people in particular. He said permission for felling of Chinar tree can only be granted if five new Chinar trees are planted against one felling or lopping, which is not being done.
The Divisional Commissioner Kashmir has also directed all Deputy Commissioners that permissions for felling/lopping of Chinar trees, which have not been put to execution or which are pending grant for permission, be put in suspended animation and all such cases shall be referred to the Divisional Commissioner Kashmir for review and orders. (Daily Etalaat)
DESPITE BAN CHINAR CHOPPING CONTINUES
Srinagar: A day after the divisional commissioner Kashmir, Masood Samoon, suspended orders for any kind of chopping of Chinars, another heritage tree came under the saw attack at Raj Bagh Thursday mocking at the administration.
For the past few months the majestic trees had been coming under the saw attack.
As about the Raj Bagh episode, some time back the government had ordered “pruning” of seven Chinars on the Jhelum banks. Today the men with saw went ahead with the chopping targeting another majestic tree. Ironically, the assault on Chinars continued till evening and there was no government intervention.
“None from any government agency interrupted the chopping operations which continued till evening,” said a resident, Muhammad Yousuf.
The Chinar Development Officer, Meraj Din Kalla, had given the permissions.
Five majestic Chinars were uprooted at other places in the City in the recent weeks. The officials have been pleading that the trees were chopped for the welfare of the heritage trees.
Finally following a campaign by Greater Kashmir highlighting the Chinar plight, the divisional commissioner had suspended the orders.
“The orders which have been already issued by the district commissioner for the felling or pruning of Chinars will be reviewed by the divisional commissioner. And the authorities are being directed not to pass any further orders without the approval of the divisional commissioner,” the order from the divisional administration reads.
When contacted the divisional commissioner said: “We didn’t get any information about the pruning of Chinars in Raj Bagh otherwise we would have taken action.”
“We will take action against those who are found violating the orders,” Samoon told Greater Kashmir.
There is a third point of view ....
CHINARS UNDER AXE
Rashid Paul (Rising Kashmir)
Srinagar: The government decision to impose blanket ban on felling and pruning of Chinars has received mixed response from people here with some demanding stricter implementation of Specified Trees Act which ensures their protection.
“Instead of creating more institutions, the government should focus on the existing laws that ensure protection of Chinar,” said M Salim Beig, chairman of the Kashmir chapter of Indian National Trust for Art and Culture (INTACH). He said the ban is an attempt to “deflect” the current uproar over the deteriorated state of Chinar trees.
“The order crafts a new organization that will ultimately end up as a catalyst in the process of Chinar extermination as has happened under the existing institutions,” he said.
Cutting and lopping shall be allowed as per the need, but constitutional remedies need to be executed on war footing, he added.
Senior High Court lawyer, Zafar Ahmed Shah said, “Chinar has been declared as a royal tree of the State, but it is being axed illegally and culprits go unpunished.”
Besides strict enforcement of law, Shah suggested the institutions concerned with its preservation be brought under scanner in the legislature and the courts.
“The prevailing condition of Chinar explicitly manifests that the authorities are not discharging their functions properly. They need to be accounted for, and persons having commitment towards the preservation of heritage be entrusted the responsibility,” he said.
“Public need to be sensitized and exhorted to support the preservation efforts,” Shah added.
Abdul Rashid Mir, former Chief Conservator of Forests flayed the decision of centralizing the felling and pruning of Chinars with the divisional commissioner.
“The powers will ultimately trickle down to the lower rung revenue department officials who are always in news for bad reasons,” Mir said. He alleged Chinar Development Authority is responsible for destruction of Chinars in Kashmir.
“The authority should be done away with and the tree should be directly managed on scientific lines by the officials devoted to conservation and preservation of heritage symbols of Kashmir,” Mir believes.
Meanwhile, some people have actually hailed the government decision.
Prof Abdul Qayoom Rather, head division of Environmental Sciences at the Agricultural Sciences University appreciated the blanket ban decision.
“It is late, but a welcome one,” he said.
Rather said besides a heritage tree, Chinar acts like a big natural factory in cleaning the environment and supplying purest form of oxygen.
Defending the ban, Amir Ali, private secretary to Divisional Commissioner said the order will trickle a message to the wrong elements in the government and the public.
“It will help stop illegal cutting of the tree,” he said.
“The government is not averse to the felling or cutting of branches wherever required,” he said.
According to the official order, permission for felling of Chinar can now be granted by the divisional commissioner and five new Chinars shall be planted against one legal felling/lopping.
The order further put in suspended animation all the orders by lower ring officials.
“All such cases will be referred to the Div Com for review,” the proclamation reads.
Furthermore, the SHOs have been asked to take cognizance wherever felling or lopping is Chinars is carried out.
Div Com imposes ban on lopping of Chinar trees
Srinagar: Taking strong note of the alleged complaints from ecologists, environmentalists, NGOs and especially media that reckless lopping and felling of Chinar is taking place in every nook and corner of the Valley, the Divisional Commissioner, Kashmir, Masaud Samoon has imposed a blanket ban on felling and lopping of Chinars.
The Divisional Commissioner said that Chinar is the heritage of Kashmir unparallel in beauty, strength and size amongst the trees of Kashmir. It is fast disappearing due to reckless felling, unkind and unfriendly attitude of the people in general and callous interference of vested people in particular. He said permission for felling of Chinar tree can only be granted if five new Chinar trees are planted against one felling or lopping, which is not being done.
The Divisional Commissioner Kashmir has also directed all Deputy Commissioners that permissions for felling/lopping of Chinar trees, which have not been put to execution or which are pending grant for permission, be put in suspended animation and all such cases shall be referred to the Divisional Commissioner Kashmir for review and orders. (Daily Etalaat)
DESPITE BAN CHINAR CHOPPING CONTINUES
Srinagar: A day after the divisional commissioner Kashmir, Masood Samoon, suspended orders for any kind of chopping of Chinars, another heritage tree came under the saw attack at Raj Bagh Thursday mocking at the administration.
For the past few months the majestic trees had been coming under the saw attack.
As about the Raj Bagh episode, some time back the government had ordered “pruning” of seven Chinars on the Jhelum banks. Today the men with saw went ahead with the chopping targeting another majestic tree. Ironically, the assault on Chinars continued till evening and there was no government intervention.
“None from any government agency interrupted the chopping operations which continued till evening,” said a resident, Muhammad Yousuf.
The Chinar Development Officer, Meraj Din Kalla, had given the permissions.
Five majestic Chinars were uprooted at other places in the City in the recent weeks. The officials have been pleading that the trees were chopped for the welfare of the heritage trees.
Finally following a campaign by Greater Kashmir highlighting the Chinar plight, the divisional commissioner had suspended the orders.
“The orders which have been already issued by the district commissioner for the felling or pruning of Chinars will be reviewed by the divisional commissioner. And the authorities are being directed not to pass any further orders without the approval of the divisional commissioner,” the order from the divisional administration reads.
When contacted the divisional commissioner said: “We didn’t get any information about the pruning of Chinars in Raj Bagh otherwise we would have taken action.”
“We will take action against those who are found violating the orders,” Samoon told Greater Kashmir.
There is a third point of view ....
CHINARS UNDER AXE
Rashid Paul (Rising Kashmir)
Srinagar: The government decision to impose blanket ban on felling and pruning of Chinars has received mixed response from people here with some demanding stricter implementation of Specified Trees Act which ensures their protection.
“Instead of creating more institutions, the government should focus on the existing laws that ensure protection of Chinar,” said M Salim Beig, chairman of the Kashmir chapter of Indian National Trust for Art and Culture (INTACH). He said the ban is an attempt to “deflect” the current uproar over the deteriorated state of Chinar trees.
“The order crafts a new organization that will ultimately end up as a catalyst in the process of Chinar extermination as has happened under the existing institutions,” he said.
Cutting and lopping shall be allowed as per the need, but constitutional remedies need to be executed on war footing, he added.
Senior High Court lawyer, Zafar Ahmed Shah said, “Chinar has been declared as a royal tree of the State, but it is being axed illegally and culprits go unpunished.”
Besides strict enforcement of law, Shah suggested the institutions concerned with its preservation be brought under scanner in the legislature and the courts.
“The prevailing condition of Chinar explicitly manifests that the authorities are not discharging their functions properly. They need to be accounted for, and persons having commitment towards the preservation of heritage be entrusted the responsibility,” he said.
“Public need to be sensitized and exhorted to support the preservation efforts,” Shah added.
Abdul Rashid Mir, former Chief Conservator of Forests flayed the decision of centralizing the felling and pruning of Chinars with the divisional commissioner.
“The powers will ultimately trickle down to the lower rung revenue department officials who are always in news for bad reasons,” Mir said. He alleged Chinar Development Authority is responsible for destruction of Chinars in Kashmir.
“The authority should be done away with and the tree should be directly managed on scientific lines by the officials devoted to conservation and preservation of heritage symbols of Kashmir,” Mir believes.
Meanwhile, some people have actually hailed the government decision.
Prof Abdul Qayoom Rather, head division of Environmental Sciences at the Agricultural Sciences University appreciated the blanket ban decision.
“It is late, but a welcome one,” he said.
Rather said besides a heritage tree, Chinar acts like a big natural factory in cleaning the environment and supplying purest form of oxygen.
Defending the ban, Amir Ali, private secretary to Divisional Commissioner said the order will trickle a message to the wrong elements in the government and the public.
“It will help stop illegal cutting of the tree,” he said.
“The government is not averse to the felling or cutting of branches wherever required,” he said.
According to the official order, permission for felling of Chinar can now be granted by the divisional commissioner and five new Chinars shall be planted against one legal felling/lopping.
The order further put in suspended animation all the orders by lower ring officials.
“All such cases will be referred to the Div Com for review,” the proclamation reads.
Furthermore, the SHOs have been asked to take cognizance wherever felling or lopping is Chinars is carried out.
Creating Awareness for Survival of the Wildlife
Jehangir requests humans to appreciate the beauty of the wild and give animals the space to roam freely
(Mr. Jehangir Rashid Malik, 36, was born in Srinagar, and did his primary schooling at the Green Land Educational Institute in Hawal, Srinagar. He studies at the Sri Partap Higher Secondary School for classes XI and XII, and completed his Bachelor's degree through distance mode from the University of Kashmir. He subsequently graduated from the Media Education Research Centre (MERC) of the University of Kashmir with a Master's degree in Mass Communication and Journalism. As a journalist, he is associated with the Civil Society, a New Delhi magazine, and is the Editor of Kashmir Plus, a news and feature based portal of Srinagar. He began his career in journalism as a correspondent with the Kashmir Times, and later worked at the Daily Etalaat (English) and as a news editor with the Daily Khidmat (English). He has been awarded the Sanjoy Ghose Humanitarian Award for story writing by the Charkha Development Network, New Delhi, and has received fellowships from the Action Aid India, the Centre for Science and Environment, and the National Foundation for India, all based in New Delhi. In his leisure time, Mr. Malik likes watching cricket and listening to radio programs especially old melodies sung by legends, Mohammad Rafi and Kishore Kumar Ganguly.)
Wild and the Human
At a time when frequent reports of confrontation between humans and wild animals are pouring into media from various parts of the state, the experts in the field believe that the same is due to a few reasons and surprisingly there is no role of animals in this respect. Imtiyaz Lone, Wildlife Warden, South Kashmir says that frequent attacks of wild animals on human beings is due to population explosion and increase in livestock.
“Over the years human population has increased by manifolds and people were forced to look for places where they could settle down. Some of them reached areas falling very close to the forests and also to the areas where wild animals lived for centuries together. It is here that the friction between man and animal started and same has reached alarming proportions as on today,” says Lone. The Wildlife Warden opines that once the wild animals noticed that somebody has encroached upon their habitat they quite naturally reacted. He added that the matters were left unattended and no concrete action was taken to address the issue. “First we encroached upon the habitat of wild animals and also took our livestock to their new place of living. Once the wild animals observed the movement of livestock near their habitat they could not resist. They would pounce upon the same and consume them as and when desired by them. Naturally, this would hurt the man and then the same would be followed by human-animal confrontation,” says Lone.
The Wildlife Warden feels that his department does not have the required infrastructure to counter the attacks of wild animals. He added that people have expectations from the department to do their job in more professional manner, but fail to understand the lacunae as well as loopholes in the overall functioning of the department. “We have highly professional and trained manpower to handle the incidents related to human-animal confrontation, but the professionals are not available in the desired number. Besides, the equipments as well as infrastructure needed are not available in desired manner and these things are acting as a block in the better management of animal-human conflict,” Lone adds.
Emphasizing upon the need to carry out operations at the Tehsil level the wildlife expert says that the department has recommended to the government to set up flying squads at the Tehsil level. He believes that same would help in tackling the situation arising out of human-animal conflict in a quick manner with less fatal casualties to both human and animals. All this is quite understandable. Once our teams are present at the Tehsil level they would be able to reach their area of operations more swiftly compared to those coming from far off places. These teams should be equipped with all the necessary equipments and at the same time they should be given sufficient stock of tranquilizers and sedatives so that they don’t feel underequipped, hence incapable of performing duties.
There is also a need to stressing upon the cooperation from police department. Officials of the wildlife department feel that police have a pivotal role to play in handling the situation following the surfacing of a wild animal in a human populated area. The wildlife department and the police have to work in close coordination with each other. It is important that contact numbers of the concerned wildlife officials are with the local police station so that they could inform about any incident of attacks on humans by animals or vice-versa. It is the duty of the police to manage the situation as and when they a wild animal barges into a populated area. The wildlife officials need to be helped here because their rescue teams have the mandate just to recover the wild-animal and as such they are not expected to diffuse the situation and control the mob. “According to the Wildlife Act the mandate of wildlife department is limited to ensuring the safety and security of wild animals in protected areas and this is maintained at every cost. We are not responsible for any action of a particular animal beyond the boundaries of a particular protected area. As and when a wild animal surfaces in a human inhabited area it is the duty of police to save lives of people living there. We have to ensure that no harm whatsoever is caused to the animal and we have the necessary expertise to catch an animal,” say the department officials.
Follow the plan: There is a need to follow a methodical plan to manage the wildlife
At a time when frequent reports about man-animal conflict emanate from various parts of Jammu & Kashmir, the wildlife protection department believes that if some steps are taken then the situation of man-animal conflict can be handled in a better way.
In the man-animal conflict management plan submitted by the Department Of Wildlife Protection to the previous government, number of, both non-recurring as well as recurring, measures have been listed, taking care of both humans and animals.
The non-recurring measures which have been mentioned in the plan are:
1. Special Research Study: The wildlife protection department has impressed upon the need for carrying a special research study so as to assess and evaluate the reasons for sudden increase in the number of cases of man-animal conflicts. This, according to department officials will facilitate development of a comprehensive project proposal laying down clearly the strategies that should be adopted along with time lines and an action plan based on preliminary assessment of the situation in each conflict area.
This research project could be outsourced to some organizations like the Wildlife Trust of India (WTI), New Delhi and the Wildlife Institute of India (WII), Dehradun as they have the necessary experience and technical expertise to carry out the job.
2. Survey & Census: Census of black bear and leopard has not been conducted so far in Jammu & Kashmir state. There is no record to indicate whether there is a rise or decline in their number. However, circumstantial evidences based on their frequent occurrence in the habitations and the rising number of man-animal conflicts indicates that their number has perhaps increased. This is also because there has been complete ban on hunting and fur trade in the state since 1997.
Besides, rescheduling of black bear from schedule III to schedule II of the J & K Wildlife Protection Act, 1978 (amended upto 2002) has also offered the species a better protection. The proposed survey and census of leopard and black bear shall be conducted in collaboration with WII, Dehradun involving modern techniques of camera traps and radio telemetry (using manual, aerial and GPS collars), wherever possible.
3. Setting up control rooms, facilities for mobility, communication and provisions for creation of additional staff: The department is already short of vehicles as a result some field officers have not been provided any kind of transport. It is proposed to set up control room in all the districts of the state. Each control room will be provided with one jeep, one pickup / rescue van and basic equipments like tranquilizing gun, trapping cages, trapping nets, translocation cages etc.
The foresters will be provided with motorcycles. A provision of 227 lakhs has been kept for purchase of jeeps, rescue / pickup vans and motor cycles.
The control room will have the facilities of communication equipments like mobile phones, computers with internet facility, wireless network, etc. Each control room will be headed by one range officer who will be assisted by two foresters and four wildlife guards. This will involve creation of fourteen posts of range officers, twenty eight posts of foresters, fifty six posts of wildlife guards and thirty one posts of drivers.
It is also proposed to create three posts of wildlife veterinarian for Kashmir, Jammu and Ladakh regions. They will be recruited by the department on posts filled by deputation from Animal / Sheep Husbandry Departments. The wildlife veterinarians will be under the control of Chief Wildlife Veterinarian / Biologist of the Department and will remain in close contact with wildlife wardens and range officers manning the control room. The requirement on account of additional staff will involve Rs. 149.20 lakhs per annum.
4. Proposal for purchase of a helicopter: When a case of man-animal conflict takes place in remote and far flung areas, it is nearly impossible to reach the site in time to save human lives or wild animals. It is prudent to provide a helicopter to the wildlife department along with a pilot on deputation basis. An amount of Rs. 12 lakhs per annum is required on account of salary of the pilot. An amount of Rs. 500 lakhs has been kept for the purchase of a helicopter.
5. Facilities for communication: The department is very weak in terms of communication facilities like application of computers and internet facilities, wireless networks, availability of telephone and mobile phones etc. Effective communication system would be the key success component of the wildlife rescue and rehabilitation programme. All the proposed regional and divisional level control rooms need to be connected by mobile phone services, wireless and internet.
Mobile phones are to be provided to all the staff involved in the programme, besides other field staff right from the range officer’s up to the level of Chief Wildlife Warden (including bio-veterinary, research and ecology wings etc). Wireless networking and internet facilities for all the divisional and regional level headquarters and wildlife bio-veterinary wing of the department need to be established on priority.
Because of poor communication facilities many cases of man-animal conflicts involving severe damage to human lives / wild animals go unreported. Many such cases could be prevented had there been better communication facilities. A few wireless sets were provided to the department by the Forest Protection Force (FPF). However, the same are defunct and non-operational.
It is therefore proposed to provide wireless network up to the range level and connect them to control rooms of the districts. The mobile phone is provided only to the Chief Wildlife Warden and not to any other officer in the department. It is proposed to provide the mobile phones up to the forester’s level. An amount of Rs. 207.65 lakhs is proposed to be provided for strengthening the communication facilities in the department.
6. Construction of Rescue Centres: There are no rescue centres in the state except one at Dachigam, Srinagar. It is proposed to construct 20 rescue centres in the state. Their distribution will depend on the intensity of the man-animal conflict in the area. A provision of Rs. 200 lakhs is proposed on account of the cost of rescue centres.
7. Field Equipments: There is an absolute dearth of field equipments like tranquilizing gun, trapping cages, trapping net and translocation cages etcetera with the wildlife department. At present there are only two tranquilizing guns in Jammu region, two in Kashmir region and one in Ladakh. It is proposed to provide tranquilizing guns up to range level. All divisions / ranges will also be equipped with trapping cages / nets and translocation cages. A provision of Rs. 50 lakhs is proposed on this account.
8. Electric fencing at vulnerable areas: With the decimation of forest cover and increasing biotic infrastructure in the forests, encroachments, deployment and movement of security forces and laying of mines etcetera wild animals have started coming towards habitations. Animals are also attracted towards habitations on account of easy availability of fruits, maize and other crops etc. The vulnerable areas will be provided with electric fencing to deter the black bear coming to the habitation.
An amount of Rs. 220 lakhs is proposed for providing electric fencing over scattered stretches of 100 kilometres and where necessary.
9. Veterinary facility: Veterinary wing of the department is very poorly equipped. The Chief Wildlife Veterinarian / Biologist of the department is without a vehicle. It is proposed to provide a vehicle o him and three wildlife veterinarians proposed to be recruited for three regions of Kashmir, Jammu and Ladakh. The wildlife veterinarian wing will be provided with ambulance fitted with necessary surgical equipments and equipped with veterinary clinic equipments and drugs.
The ambulance shall reach the site of occurrence of man-animal conflict to provide immediate health care to the rescued animal and also during the translocation of rescued animals. Necessary laboratory facility, veterinary clinic equipments and drugs will be provided for three regional units of the veterinary wing. An amount of Rs. 150 lakhs is proposed on account of creation of veterinary facilities as mentioned.
10. Setting up of Forensic Laboratory: Study of the cause of death of a wild animal is an important aspect of the wildlife management. Forensic science is a specialized field which helps in exploring the cause of death and disease investigation. Samples collected from the field are studied and investigated in the laboratory which is equipped with special tools.
Post-mortem of a dead animal is also required to be conducted in such labs. Further the identification of various wildlife products or articles like antlers, horns, hair and skin is also conducted in such labs. One mini forensic lab is to be set up each at Jammu and Srinagar and an amount of Rs. 200 lakhs is proposed for this purpose.
(Mr. Jehangir Rashid Malik, 36, was born in Srinagar, and did his primary schooling at the Green Land Educational Institute in Hawal, Srinagar. He studies at the Sri Partap Higher Secondary School for classes XI and XII, and completed his Bachelor's degree through distance mode from the University of Kashmir. He subsequently graduated from the Media Education Research Centre (MERC) of the University of Kashmir with a Master's degree in Mass Communication and Journalism. As a journalist, he is associated with the Civil Society, a New Delhi magazine, and is the Editor of Kashmir Plus, a news and feature based portal of Srinagar. He began his career in journalism as a correspondent with the Kashmir Times, and later worked at the Daily Etalaat (English) and as a news editor with the Daily Khidmat (English). He has been awarded the Sanjoy Ghose Humanitarian Award for story writing by the Charkha Development Network, New Delhi, and has received fellowships from the Action Aid India, the Centre for Science and Environment, and the National Foundation for India, all based in New Delhi. In his leisure time, Mr. Malik likes watching cricket and listening to radio programs especially old melodies sung by legends, Mohammad Rafi and Kishore Kumar Ganguly.)
Wild and the Human
At a time when frequent reports of confrontation between humans and wild animals are pouring into media from various parts of the state, the experts in the field believe that the same is due to a few reasons and surprisingly there is no role of animals in this respect. Imtiyaz Lone, Wildlife Warden, South Kashmir says that frequent attacks of wild animals on human beings is due to population explosion and increase in livestock.
“Over the years human population has increased by manifolds and people were forced to look for places where they could settle down. Some of them reached areas falling very close to the forests and also to the areas where wild animals lived for centuries together. It is here that the friction between man and animal started and same has reached alarming proportions as on today,” says Lone. The Wildlife Warden opines that once the wild animals noticed that somebody has encroached upon their habitat they quite naturally reacted. He added that the matters were left unattended and no concrete action was taken to address the issue. “First we encroached upon the habitat of wild animals and also took our livestock to their new place of living. Once the wild animals observed the movement of livestock near their habitat they could not resist. They would pounce upon the same and consume them as and when desired by them. Naturally, this would hurt the man and then the same would be followed by human-animal confrontation,” says Lone.
The Wildlife Warden feels that his department does not have the required infrastructure to counter the attacks of wild animals. He added that people have expectations from the department to do their job in more professional manner, but fail to understand the lacunae as well as loopholes in the overall functioning of the department. “We have highly professional and trained manpower to handle the incidents related to human-animal confrontation, but the professionals are not available in the desired number. Besides, the equipments as well as infrastructure needed are not available in desired manner and these things are acting as a block in the better management of animal-human conflict,” Lone adds.
Emphasizing upon the need to carry out operations at the Tehsil level the wildlife expert says that the department has recommended to the government to set up flying squads at the Tehsil level. He believes that same would help in tackling the situation arising out of human-animal conflict in a quick manner with less fatal casualties to both human and animals. All this is quite understandable. Once our teams are present at the Tehsil level they would be able to reach their area of operations more swiftly compared to those coming from far off places. These teams should be equipped with all the necessary equipments and at the same time they should be given sufficient stock of tranquilizers and sedatives so that they don’t feel underequipped, hence incapable of performing duties.
There is also a need to stressing upon the cooperation from police department. Officials of the wildlife department feel that police have a pivotal role to play in handling the situation following the surfacing of a wild animal in a human populated area. The wildlife department and the police have to work in close coordination with each other. It is important that contact numbers of the concerned wildlife officials are with the local police station so that they could inform about any incident of attacks on humans by animals or vice-versa. It is the duty of the police to manage the situation as and when they a wild animal barges into a populated area. The wildlife officials need to be helped here because their rescue teams have the mandate just to recover the wild-animal and as such they are not expected to diffuse the situation and control the mob. “According to the Wildlife Act the mandate of wildlife department is limited to ensuring the safety and security of wild animals in protected areas and this is maintained at every cost. We are not responsible for any action of a particular animal beyond the boundaries of a particular protected area. As and when a wild animal surfaces in a human inhabited area it is the duty of police to save lives of people living there. We have to ensure that no harm whatsoever is caused to the animal and we have the necessary expertise to catch an animal,” say the department officials.
Follow the plan: There is a need to follow a methodical plan to manage the wildlife
At a time when frequent reports about man-animal conflict emanate from various parts of Jammu & Kashmir, the wildlife protection department believes that if some steps are taken then the situation of man-animal conflict can be handled in a better way.
In the man-animal conflict management plan submitted by the Department Of Wildlife Protection to the previous government, number of, both non-recurring as well as recurring, measures have been listed, taking care of both humans and animals.
The non-recurring measures which have been mentioned in the plan are:
1. Special Research Study: The wildlife protection department has impressed upon the need for carrying a special research study so as to assess and evaluate the reasons for sudden increase in the number of cases of man-animal conflicts. This, according to department officials will facilitate development of a comprehensive project proposal laying down clearly the strategies that should be adopted along with time lines and an action plan based on preliminary assessment of the situation in each conflict area.
This research project could be outsourced to some organizations like the Wildlife Trust of India (WTI), New Delhi and the Wildlife Institute of India (WII), Dehradun as they have the necessary experience and technical expertise to carry out the job.
2. Survey & Census: Census of black bear and leopard has not been conducted so far in Jammu & Kashmir state. There is no record to indicate whether there is a rise or decline in their number. However, circumstantial evidences based on their frequent occurrence in the habitations and the rising number of man-animal conflicts indicates that their number has perhaps increased. This is also because there has been complete ban on hunting and fur trade in the state since 1997.
Besides, rescheduling of black bear from schedule III to schedule II of the J & K Wildlife Protection Act, 1978 (amended upto 2002) has also offered the species a better protection. The proposed survey and census of leopard and black bear shall be conducted in collaboration with WII, Dehradun involving modern techniques of camera traps and radio telemetry (using manual, aerial and GPS collars), wherever possible.
3. Setting up control rooms, facilities for mobility, communication and provisions for creation of additional staff: The department is already short of vehicles as a result some field officers have not been provided any kind of transport. It is proposed to set up control room in all the districts of the state. Each control room will be provided with one jeep, one pickup / rescue van and basic equipments like tranquilizing gun, trapping cages, trapping nets, translocation cages etc.
The foresters will be provided with motorcycles. A provision of 227 lakhs has been kept for purchase of jeeps, rescue / pickup vans and motor cycles.
The control room will have the facilities of communication equipments like mobile phones, computers with internet facility, wireless network, etc. Each control room will be headed by one range officer who will be assisted by two foresters and four wildlife guards. This will involve creation of fourteen posts of range officers, twenty eight posts of foresters, fifty six posts of wildlife guards and thirty one posts of drivers.
It is also proposed to create three posts of wildlife veterinarian for Kashmir, Jammu and Ladakh regions. They will be recruited by the department on posts filled by deputation from Animal / Sheep Husbandry Departments. The wildlife veterinarians will be under the control of Chief Wildlife Veterinarian / Biologist of the Department and will remain in close contact with wildlife wardens and range officers manning the control room. The requirement on account of additional staff will involve Rs. 149.20 lakhs per annum.
4. Proposal for purchase of a helicopter: When a case of man-animal conflict takes place in remote and far flung areas, it is nearly impossible to reach the site in time to save human lives or wild animals. It is prudent to provide a helicopter to the wildlife department along with a pilot on deputation basis. An amount of Rs. 12 lakhs per annum is required on account of salary of the pilot. An amount of Rs. 500 lakhs has been kept for the purchase of a helicopter.
5. Facilities for communication: The department is very weak in terms of communication facilities like application of computers and internet facilities, wireless networks, availability of telephone and mobile phones etc. Effective communication system would be the key success component of the wildlife rescue and rehabilitation programme. All the proposed regional and divisional level control rooms need to be connected by mobile phone services, wireless and internet.
Mobile phones are to be provided to all the staff involved in the programme, besides other field staff right from the range officer’s up to the level of Chief Wildlife Warden (including bio-veterinary, research and ecology wings etc). Wireless networking and internet facilities for all the divisional and regional level headquarters and wildlife bio-veterinary wing of the department need to be established on priority.
Because of poor communication facilities many cases of man-animal conflicts involving severe damage to human lives / wild animals go unreported. Many such cases could be prevented had there been better communication facilities. A few wireless sets were provided to the department by the Forest Protection Force (FPF). However, the same are defunct and non-operational.
It is therefore proposed to provide wireless network up to the range level and connect them to control rooms of the districts. The mobile phone is provided only to the Chief Wildlife Warden and not to any other officer in the department. It is proposed to provide the mobile phones up to the forester’s level. An amount of Rs. 207.65 lakhs is proposed to be provided for strengthening the communication facilities in the department.
6. Construction of Rescue Centres: There are no rescue centres in the state except one at Dachigam, Srinagar. It is proposed to construct 20 rescue centres in the state. Their distribution will depend on the intensity of the man-animal conflict in the area. A provision of Rs. 200 lakhs is proposed on account of the cost of rescue centres.
7. Field Equipments: There is an absolute dearth of field equipments like tranquilizing gun, trapping cages, trapping net and translocation cages etcetera with the wildlife department. At present there are only two tranquilizing guns in Jammu region, two in Kashmir region and one in Ladakh. It is proposed to provide tranquilizing guns up to range level. All divisions / ranges will also be equipped with trapping cages / nets and translocation cages. A provision of Rs. 50 lakhs is proposed on this account.
8. Electric fencing at vulnerable areas: With the decimation of forest cover and increasing biotic infrastructure in the forests, encroachments, deployment and movement of security forces and laying of mines etcetera wild animals have started coming towards habitations. Animals are also attracted towards habitations on account of easy availability of fruits, maize and other crops etc. The vulnerable areas will be provided with electric fencing to deter the black bear coming to the habitation.
An amount of Rs. 220 lakhs is proposed for providing electric fencing over scattered stretches of 100 kilometres and where necessary.
9. Veterinary facility: Veterinary wing of the department is very poorly equipped. The Chief Wildlife Veterinarian / Biologist of the department is without a vehicle. It is proposed to provide a vehicle o him and three wildlife veterinarians proposed to be recruited for three regions of Kashmir, Jammu and Ladakh. The wildlife veterinarian wing will be provided with ambulance fitted with necessary surgical equipments and equipped with veterinary clinic equipments and drugs.
The ambulance shall reach the site of occurrence of man-animal conflict to provide immediate health care to the rescued animal and also during the translocation of rescued animals. Necessary laboratory facility, veterinary clinic equipments and drugs will be provided for three regional units of the veterinary wing. An amount of Rs. 150 lakhs is proposed on account of creation of veterinary facilities as mentioned.
10. Setting up of Forensic Laboratory: Study of the cause of death of a wild animal is an important aspect of the wildlife management. Forensic science is a specialized field which helps in exploring the cause of death and disease investigation. Samples collected from the field are studied and investigated in the laboratory which is equipped with special tools.
Post-mortem of a dead animal is also required to be conducted in such labs. Further the identification of various wildlife products or articles like antlers, horns, hair and skin is also conducted in such labs. One mini forensic lab is to be set up each at Jammu and Srinagar and an amount of Rs. 200 lakhs is proposed for this purpose.
The Tragedy of Getting Sick in Kashmir
Medical care is a disgrace especially at Government run hospitals
Hospitals sitting on powder-keg
Mehboob Jeelani (Rising Kashmir)
Srinagar: The hospitals in Kashmir are sitting on a powder-keg and there is apprehension that the like HIV and Hepatitis B cases may increase in the coming days as the ragpickers are having direct access to the waste-bins of health institutions and incinerators of SMHS and SKIMS hospitals.
“The rag pickers visit the incinerators near hostel building of SMHS every evening and collect the used syringes, IV drips, injection needles and other plastic materials,” said Dr. Javaid Ahmad Bhat, Injection Safety Coordinator of Social Preventive Medicine (SPM) department of SMHS.
He said the rag pickers later sell the plastic material collected from the hospital dustbins and incinerators to rag dealers of the Valley. “The dealers supply it to the factories, where spurious disposable injections are manufactured. Most of these dealers are active in North India, so we are in a greater threat of being hit by diseases like HIV and Hepatitis B,” he said.
Recently in Gujarat’s Sabarkantha district, the outbreak of the Hepatitis-B killed 49people over the past two weeks. According to experts, the usage of unsafe injection was the main reason for the transmission of Hepatitis-B.
SPM Coordinator said if immediate action is not taken to arrest this trend, then the percentage of HIV and Hepatitis B cases in Kashmir would double in next six years.
Javaid said, “Rag pickers must be barred from collecting the used syringes, IV drips, injection needles and other plastic materials from the hospital premises”.
A ward sweeper of SKIMS, pleading anonymity, said that 80 kgs of plastic waste are collected by rag pickers everyday. “They don’t even spare used cotton, left out blood packets, needles, syringes and other stuff. The needles are as good as new ones,” he said.
The ‘violations’ are taking place despite strict orders to hospital authorities from the Directorate of Health Services that they must abide by the color coding model of bio-medical wastes. According to the color-coding model, the hospitals have been directed to put the human anatomical wastes, animal waste and micro-biological waste into yellow coloured dustbins.
As per the guidelines the ideal disposal of sharp waste is to go for autoclaving or microwaving. “If this technique is not available then chemical treatment plus mutilation and shredding is an alternative,” states the guidelines.
However, this reporter saw the doctors, paramedics and nursing staff of SMHS’s casualty section disposing off sharp waste such as tubing catheters, IV drip sets, Ryle’s tube, urinary catheter, suction catheter, chest drain catheter, blood set, glucose bottles and plastic syringes into the yellow coloured dustbins that are prone to punctures.
When contacted, Principal Government Medical College, Dr, Shahida Mir said, “We follow the set guidelines. Still I will take this issue with Medical Superintendent of the hospitals”.
A study carried out by a group of students from different medical colleges of India recently revealed that nearly 98.9 per cent injections administered were found to be unsafe.
A top SKIMS official told Rising Kashmir that the hospital authorities had strictly ordered for destroying all the injected needles.
“Unfortunately the doctors and paramedics forget to follow the directions,” he added.
Hospitals sitting on powder-keg
Mehboob Jeelani (Rising Kashmir)
Srinagar: The hospitals in Kashmir are sitting on a powder-keg and there is apprehension that the like HIV and Hepatitis B cases may increase in the coming days as the ragpickers are having direct access to the waste-bins of health institutions and incinerators of SMHS and SKIMS hospitals.
“The rag pickers visit the incinerators near hostel building of SMHS every evening and collect the used syringes, IV drips, injection needles and other plastic materials,” said Dr. Javaid Ahmad Bhat, Injection Safety Coordinator of Social Preventive Medicine (SPM) department of SMHS.
He said the rag pickers later sell the plastic material collected from the hospital dustbins and incinerators to rag dealers of the Valley. “The dealers supply it to the factories, where spurious disposable injections are manufactured. Most of these dealers are active in North India, so we are in a greater threat of being hit by diseases like HIV and Hepatitis B,” he said.
Recently in Gujarat’s Sabarkantha district, the outbreak of the Hepatitis-B killed 49people over the past two weeks. According to experts, the usage of unsafe injection was the main reason for the transmission of Hepatitis-B.
SPM Coordinator said if immediate action is not taken to arrest this trend, then the percentage of HIV and Hepatitis B cases in Kashmir would double in next six years.
Javaid said, “Rag pickers must be barred from collecting the used syringes, IV drips, injection needles and other plastic materials from the hospital premises”.
A ward sweeper of SKIMS, pleading anonymity, said that 80 kgs of plastic waste are collected by rag pickers everyday. “They don’t even spare used cotton, left out blood packets, needles, syringes and other stuff. The needles are as good as new ones,” he said.
The ‘violations’ are taking place despite strict orders to hospital authorities from the Directorate of Health Services that they must abide by the color coding model of bio-medical wastes. According to the color-coding model, the hospitals have been directed to put the human anatomical wastes, animal waste and micro-biological waste into yellow coloured dustbins.
As per the guidelines the ideal disposal of sharp waste is to go for autoclaving or microwaving. “If this technique is not available then chemical treatment plus mutilation and shredding is an alternative,” states the guidelines.
However, this reporter saw the doctors, paramedics and nursing staff of SMHS’s casualty section disposing off sharp waste such as tubing catheters, IV drip sets, Ryle’s tube, urinary catheter, suction catheter, chest drain catheter, blood set, glucose bottles and plastic syringes into the yellow coloured dustbins that are prone to punctures.
When contacted, Principal Government Medical College, Dr, Shahida Mir said, “We follow the set guidelines. Still I will take this issue with Medical Superintendent of the hospitals”.
A study carried out by a group of students from different medical colleges of India recently revealed that nearly 98.9 per cent injections administered were found to be unsafe.
A top SKIMS official told Rising Kashmir that the hospital authorities had strictly ordered for destroying all the injected needles.
“Unfortunately the doctors and paramedics forget to follow the directions,” he added.
Spring Blooms on March 20
Million Tulips Bloom At World's Largest Tulip Garden
Srinagar: About 12 lakh bulbs in more than 60 colours will greet the guests in Siraj Bagh, one of the world's largest tulip garden, situated at the foot of the Zabarwan Hills, being thrown open for public from March 20.
All these tulips will be in bloom in the first week of April, said an official adding, the garden will however, be opened for public from March 20.
From this year, we have decided to make it a round-the-year destination for tourists and locals, visiting the garden, he said.
The garden inaugurated by UPA chairperson Sonia Gandhi in the last week of March 2008was rechristned as Indira Gandhi Tulip Garden.
The tourist season was extended in the Kashmir valley by about a month as tourists start arriving in the valley in the month of May.
The official said the tulip season generally comes to an end in the last week of April.
To make it attractive even when the tulip season is over, we have decided to grow other flowers in the garden. This, he said, will not in any way affect tulips but these flowers will bloom in other seasons also. Lakhs of people--local, students and tourists visited the garden last year. It also attracted Bollywood and a number of scenes of several films were also shot in the garden.
The Asia's largest garden was completed after a workforce of about 400 labourers and gardeners finished the task by working round the clock in three shifts, to give the final touches to the garden, before opening its beautifully-built gate plaza for the visitors.
In all, 60 varieties of early, mid, late and very late blooming tulips will spread a rainbow of red, orange, purple, white, pink, parrot and yellow colours in the garden.
Srinagar: About 12 lakh bulbs in more than 60 colours will greet the guests in Siraj Bagh, one of the world's largest tulip garden, situated at the foot of the Zabarwan Hills, being thrown open for public from March 20.
All these tulips will be in bloom in the first week of April, said an official adding, the garden will however, be opened for public from March 20.
From this year, we have decided to make it a round-the-year destination for tourists and locals, visiting the garden, he said.
The garden inaugurated by UPA chairperson Sonia Gandhi in the last week of March 2008was rechristned as Indira Gandhi Tulip Garden.
The tourist season was extended in the Kashmir valley by about a month as tourists start arriving in the valley in the month of May.
The official said the tulip season generally comes to an end in the last week of April.
To make it attractive even when the tulip season is over, we have decided to grow other flowers in the garden. This, he said, will not in any way affect tulips but these flowers will bloom in other seasons also. Lakhs of people--local, students and tourists visited the garden last year. It also attracted Bollywood and a number of scenes of several films were also shot in the garden.
The Asia's largest garden was completed after a workforce of about 400 labourers and gardeners finished the task by working round the clock in three shifts, to give the final touches to the garden, before opening its beautifully-built gate plaza for the visitors.
In all, 60 varieties of early, mid, late and very late blooming tulips will spread a rainbow of red, orange, purple, white, pink, parrot and yellow colours in the garden.
Monday, March 2, 2009
The Ugly Little Truth About the Valley
Ashraf says that last year eight times more people were killed in road accidents than in militancy related incidents. Perhaps Government should forget militants and pay more attention to this Road Rage!
(Mr. Mohammad Ashraf, 66, was born and raised in Srinagar. He attended the S.P. High School and the S.P College before joining the Regional Engineering College at Naseem Bagh in Civil Engineering. However, he changed his career to adventure sports like mountaineering and skiing, completing his training at the Himalayan Mountaineering Institute, Darjeeling and Gulmarg. He also completed a diploma in French language from the Alliance Française in New Delhi. He joined the J&K Tourism Department in 1973, rose to become its Director-General in 1996, and retired in 2003 after 30 years of service. He has been associated with the Adventure Sports at the national level and was recently re-elected as the Vice-President of the Indian Mountaineering Foundation, the apex body of adventure sports in India, for two years. To commend his efforts in introducing rescue measures in Kashmir Mountains, he was awarded “Merite-Alpin” by Swiss in a special function in Les Diablerets in 1993. He continues to be a member of the Governing Council of IMF and is also the President of Jammu & Kashmir Mountaineering & Hiking Club.)
Roads kill more than Militancy
According to official reports the total number of people killed in militancy related incidents in J & K during 2008 is less than 100. In contrast to this, it has been reported that almost 800 persons were killed and over 5,000 injured in traffic accidents all over the State in the same period. This amounts to a virtual massacre of innocents. The responsibility is not only of the killer roads but there are many mafias responsible for this senseless loss of human lives. Roads have become the worst killers. The latest accident involving a bus which rolled down near Pull Doda killing more than 40 persons is a typical example of this avoidable tragedy. This area has probably witnessed the largest number of casualties. In the real sense of the word it has earned the epithet of the “Killer Road”! The causes are many but all speak of total apathy, gross negligence, and utter insensitivity to loss of human life by the concerned authorities.
First culprits are the roads. There is hardly any road which can be termed perfectly fit and safe for driving. Because of our terrain most of our roads are totally located in the remote mountain areas or pass through similar areas. No doubt keeping a road in perfect condition in the face of the vagaries of weather and the huge amount of vehicular traffic is a tall order, yet some of the most frequented and major roads through mountains could be maintained in better conditions. The national highways are being maintained by very resourceful organisation which has no dearth of funds and machinery. One would not mind the rough driving surface with pot holes but the safety especially on steep turns on deep ravines and gorges is something on which there can be no compromise. It is of utmost importance to have kerbs on these roads through mountain areas. These may not ensure hundred percent safety but could lessen the impact and may even stop a vehicle from going over. It has been observed that most of the passenger bus accidents especially on mountain roads in Doda, Rajouri, and Poonch areas occur because of these vehicles rolling over into gorges. Putting up of some sort of obstructions as concrete kerbs or even steel girder railings at the vulnerable points should be the first charge on the departments maintaining these roads. This may not completely solve the problem as there are several other factors causing these accidents but this measure would to some extent lessen their impact.
The other problem is the road subsidence and the mud slides during rains. This problem again is our own creation especially in regard to subsidence of Doda road. The engineers involved in the setting up of the Baglihar project probably did not make an impact assessment of the resultant lake on its banks. The rise in water level as taught in basic soil mechanics often results in the movement of clayey soils. The road passing along the banks would be automatically subject to these subsidence and sliding movements because of the critical slope. To prevent that they had either to raise concrete breast walls (a very expensive preposition) or totally re-align the road from the river banks. Neither of the two alternatives was undertaken and the result was the recent road disaster. There are many other equally vulnerable stretches on the main highway like Panthial, Khoni Nallah, Nasheri, and so on. Some of these areas are totally unstable and with the shaking these receive every day due to the passing over of thousands of heavy load carriers further destabilises these. There is an urgent need to have an alternate alignment for a four lane solidly built motorway with a couple of modern tunnels like the Mont Blanc tunnel between Jammu and Srinagar to ensure uninterrupted year round access to Kashmir valley. It would be much cheaper than the project of taking the train to Kashmir which is like that typical Persian fable of Farhad digging a canal for Shirin, and the Indian TV show about the unrealistic dreams of Mongheri Lal! In the case of Doda and other districts in the area, it is also essential to upgrade the alternate routes from Kapran-Dessa and Simthan-Chatroo side. We do not have to go by temporary management of the crisis but think of a long term solution.
The next culprit causing these tragic accidents are the motor vehicles used for public transportation. Most of these have outlived their utility and there is absolutely no physical check on the fitness of these vehicles. Most of the checks are done on paper at the time of renewal of yearly tokens. In a number of cases the accidents have occurred due to failure of brakes or steering mechanism. Not only are these vehicles a direct hazard for human life but are also indirectly the greatest sources of pollution. The Supreme Court of India saved Delhi by taking all the old diesel buses off the road. Why can’t we have a similar arrangement here by having all the vehicles more than 15 years old taken off the road? The regional authorities clearing these vehicles are the epitomes of corruption. One can get a certificate even without showing the vehicle to the concerned people. It may even be delivered at one’s home! There is no hold on the issue of route permits. No one is bothered about the carrying capacity of our roads. Most of the new public transport vehicles are issued permits for operation in the cities of Srinagar and Jammu. Condemned vehicles are plied on rural routes.
Added to this menace of unfit vehicles are the untrained and quite often inebriated drivers. Over speeding and reckless driving are two important ingredients for these tragic accidents. Driving licences are issued by dozens without any field tests. The drivers have absolutely no knowledge of traffic rules or the basic road etiquette. Not to talk of developed countries, even in our neighbourhood in some Gulf countries the most difficult thing is to get a driving licence. Some people in these countries like Dubai have been undergoing road tests through the local traffic police for years. Just for a minor mistake, they have to repeat the test after six months. Here, the licences are sold a dime a dozen!
Unfortunately, both the licensing authority and the enforcing agency complement each other in corrupt practices. The traffic police which are supposed to enforce all these basic requirements for safe driving are a disgrace on the Police itself. There is no other organisation in the entire state as corrupt as the traffic police. It would be better for the government to outsource the enforcement of traffic regulations to some private agency. They may earn sizeable revenue.
Finally, the Public Transport operated by the government itself is a classic example of a black-hole. Hundreds of crores invested in it vanish like the “matter” going into an astronomical black-hole. For 600 or so vehicles there are 11,000 employees and over a thousand of these are untraceable. Had we a reasonably efficient and clean Public Transport system in the state sector, the private players could be disciplined. Unfortunately, they are the worst of the lot. Always in the red! Is there a way out of this mess? Yes, let the government divert all its resources and personnel presently employed in chasing just a few hundred odd militants towards the improvement of roads and the enforcement of basic road norms. After all these roads are killing more people than the militants do.
It has been observed that the security forces are better able to monitor, control, and enforce movement of all vehicles as and when they require doing so for their own benefit. Will the young and dynamic Chief Minister, presently on the move, ponder about this and try to end this “Road Rage” in the state? It will save many innocent lives.
(Mr. Mohammad Ashraf, 66, was born and raised in Srinagar. He attended the S.P. High School and the S.P College before joining the Regional Engineering College at Naseem Bagh in Civil Engineering. However, he changed his career to adventure sports like mountaineering and skiing, completing his training at the Himalayan Mountaineering Institute, Darjeeling and Gulmarg. He also completed a diploma in French language from the Alliance Française in New Delhi. He joined the J&K Tourism Department in 1973, rose to become its Director-General in 1996, and retired in 2003 after 30 years of service. He has been associated with the Adventure Sports at the national level and was recently re-elected as the Vice-President of the Indian Mountaineering Foundation, the apex body of adventure sports in India, for two years. To commend his efforts in introducing rescue measures in Kashmir Mountains, he was awarded “Merite-Alpin” by Swiss in a special function in Les Diablerets in 1993. He continues to be a member of the Governing Council of IMF and is also the President of Jammu & Kashmir Mountaineering & Hiking Club.)
Roads kill more than Militancy
According to official reports the total number of people killed in militancy related incidents in J & K during 2008 is less than 100. In contrast to this, it has been reported that almost 800 persons were killed and over 5,000 injured in traffic accidents all over the State in the same period. This amounts to a virtual massacre of innocents. The responsibility is not only of the killer roads but there are many mafias responsible for this senseless loss of human lives. Roads have become the worst killers. The latest accident involving a bus which rolled down near Pull Doda killing more than 40 persons is a typical example of this avoidable tragedy. This area has probably witnessed the largest number of casualties. In the real sense of the word it has earned the epithet of the “Killer Road”! The causes are many but all speak of total apathy, gross negligence, and utter insensitivity to loss of human life by the concerned authorities.
First culprits are the roads. There is hardly any road which can be termed perfectly fit and safe for driving. Because of our terrain most of our roads are totally located in the remote mountain areas or pass through similar areas. No doubt keeping a road in perfect condition in the face of the vagaries of weather and the huge amount of vehicular traffic is a tall order, yet some of the most frequented and major roads through mountains could be maintained in better conditions. The national highways are being maintained by very resourceful organisation which has no dearth of funds and machinery. One would not mind the rough driving surface with pot holes but the safety especially on steep turns on deep ravines and gorges is something on which there can be no compromise. It is of utmost importance to have kerbs on these roads through mountain areas. These may not ensure hundred percent safety but could lessen the impact and may even stop a vehicle from going over. It has been observed that most of the passenger bus accidents especially on mountain roads in Doda, Rajouri, and Poonch areas occur because of these vehicles rolling over into gorges. Putting up of some sort of obstructions as concrete kerbs or even steel girder railings at the vulnerable points should be the first charge on the departments maintaining these roads. This may not completely solve the problem as there are several other factors causing these accidents but this measure would to some extent lessen their impact.
The other problem is the road subsidence and the mud slides during rains. This problem again is our own creation especially in regard to subsidence of Doda road. The engineers involved in the setting up of the Baglihar project probably did not make an impact assessment of the resultant lake on its banks. The rise in water level as taught in basic soil mechanics often results in the movement of clayey soils. The road passing along the banks would be automatically subject to these subsidence and sliding movements because of the critical slope. To prevent that they had either to raise concrete breast walls (a very expensive preposition) or totally re-align the road from the river banks. Neither of the two alternatives was undertaken and the result was the recent road disaster. There are many other equally vulnerable stretches on the main highway like Panthial, Khoni Nallah, Nasheri, and so on. Some of these areas are totally unstable and with the shaking these receive every day due to the passing over of thousands of heavy load carriers further destabilises these. There is an urgent need to have an alternate alignment for a four lane solidly built motorway with a couple of modern tunnels like the Mont Blanc tunnel between Jammu and Srinagar to ensure uninterrupted year round access to Kashmir valley. It would be much cheaper than the project of taking the train to Kashmir which is like that typical Persian fable of Farhad digging a canal for Shirin, and the Indian TV show about the unrealistic dreams of Mongheri Lal! In the case of Doda and other districts in the area, it is also essential to upgrade the alternate routes from Kapran-Dessa and Simthan-Chatroo side. We do not have to go by temporary management of the crisis but think of a long term solution.
The next culprit causing these tragic accidents are the motor vehicles used for public transportation. Most of these have outlived their utility and there is absolutely no physical check on the fitness of these vehicles. Most of the checks are done on paper at the time of renewal of yearly tokens. In a number of cases the accidents have occurred due to failure of brakes or steering mechanism. Not only are these vehicles a direct hazard for human life but are also indirectly the greatest sources of pollution. The Supreme Court of India saved Delhi by taking all the old diesel buses off the road. Why can’t we have a similar arrangement here by having all the vehicles more than 15 years old taken off the road? The regional authorities clearing these vehicles are the epitomes of corruption. One can get a certificate even without showing the vehicle to the concerned people. It may even be delivered at one’s home! There is no hold on the issue of route permits. No one is bothered about the carrying capacity of our roads. Most of the new public transport vehicles are issued permits for operation in the cities of Srinagar and Jammu. Condemned vehicles are plied on rural routes.
Added to this menace of unfit vehicles are the untrained and quite often inebriated drivers. Over speeding and reckless driving are two important ingredients for these tragic accidents. Driving licences are issued by dozens without any field tests. The drivers have absolutely no knowledge of traffic rules or the basic road etiquette. Not to talk of developed countries, even in our neighbourhood in some Gulf countries the most difficult thing is to get a driving licence. Some people in these countries like Dubai have been undergoing road tests through the local traffic police for years. Just for a minor mistake, they have to repeat the test after six months. Here, the licences are sold a dime a dozen!
Unfortunately, both the licensing authority and the enforcing agency complement each other in corrupt practices. The traffic police which are supposed to enforce all these basic requirements for safe driving are a disgrace on the Police itself. There is no other organisation in the entire state as corrupt as the traffic police. It would be better for the government to outsource the enforcement of traffic regulations to some private agency. They may earn sizeable revenue.
Finally, the Public Transport operated by the government itself is a classic example of a black-hole. Hundreds of crores invested in it vanish like the “matter” going into an astronomical black-hole. For 600 or so vehicles there are 11,000 employees and over a thousand of these are untraceable. Had we a reasonably efficient and clean Public Transport system in the state sector, the private players could be disciplined. Unfortunately, they are the worst of the lot. Always in the red! Is there a way out of this mess? Yes, let the government divert all its resources and personnel presently employed in chasing just a few hundred odd militants towards the improvement of roads and the enforcement of basic road norms. After all these roads are killing more people than the militants do.
It has been observed that the security forces are better able to monitor, control, and enforce movement of all vehicles as and when they require doing so for their own benefit. Will the young and dynamic Chief Minister, presently on the move, ponder about this and try to end this “Road Rage” in the state? It will save many innocent lives.
Pursuing Human Rights, Cafeteria Style
Two news items that you will not find in valley newspapers supporting human rights, except when it applies to the minority community
83 acre land belonging to displaced Pandits encroached in Kashmir
JAMMU : Jammu and Kashmir government today said that 1,608 cases of trespassing and encroachment of properties belonging to displaced Kashmiri Pandits have been detected in the Valley.
Replying to CPIM MLA, M Y Tarigami’s question in the Assembly, Minister incharge for revenue said that 1,608 cases of encroachment and trespassing have been reported in connection with properties belonging to displaced KP's.
Nearly 83 acres of land belonging to displaced Pandits in the valley has been encroached. The process to evict the encroachers is on and 1,160 other encroachment cases have already been disposed of, he said.
He said that no immovable property of displaced Pandits has been taken into custody in terms of Section 7 of Jammu and Kashmir Immovable Property and Preservation, Protection and Restraint of Distress Sale Act of 1997.
There are total 58,618 displaced families including 33,351 Kashmiri Pandits, 2,231 Muslims and 1,701 Sikhs residing in Jammu and Kashmir and outside.
HC: Displaced workers entitled to HRA, CCA
Jammu: A Division Bench comprising Justice YP Nargotra and Justice Vinod Kumar Gupta of the Jammu and Kashmir High Court has dismissed a batch of letters patent appeals arising out of various judgements passed on petitions of government employees, who on account of the turmoil had migrated from the valley, by virtue of which they had been held entitled to House Rent Allowance (HRA) and City Compensatory Allowance (CCA).
In 1989 and 1990, militancy forced members of a particular community, including government employees, to flee from the valley. The displacement of government employees resulted in their absence from duty, not on their own accord but due to changed circumstances in the valley.
In the ordinary course, absence from duty would have invited disciplinary action leading to their dismissal from service. However, the government came out with rehabilitation policies. While it treated the period of displacement as earned leave and the remaining period of absence as in-service for being counted for the purpose of pension, it deprived the displacement employees of the benefits of special pay and local allowances, including HRA and CCA.
The single Bench held that the petitioners were entitled to all benefits, including HRA and CCA, when a number of writ petitions were filed drawing analogy with certain government employees, who were being paid the allowances.
The government challenged the judgement of the single Judge on the ground that the petitioners had not claimed the benefits of HRA and CCA in their individual rights on merit.
The Division Bench, while dismissing the appeal of the state on Thursday, observed that “their entitlement to HRA and CCA is being disputed only on the ground of they not performing any duty. Therefore, if the government did not choose some of them for the performance of duties at any place or post, it was not their fault and they could not be penalised for not performing duties. In terms of para (e) of the government order No. 605-GAD of 1991, all displaced employees were bound to report for duty at any place within or outside the state of Jammu and Kashmir. Therefore, the government would not be justified in paying HRA and CCA only to those employees who were performing duties and not paying the same to those who were left out for the purpose of performance of duty. Therefore, the exclusion clause incorporated in para (e) of the government order No. 605-GAD is bad in law being arbitrary and discriminatory in character. And being violative of Articles 14 and 16 of the Constitution of India it cannot be legally sustained. We, therefore, quash the same and hold the writ petitioners entitled to the benefits of HRA and CCA.”
83 acre land belonging to displaced Pandits encroached in Kashmir
JAMMU : Jammu and Kashmir government today said that 1,608 cases of trespassing and encroachment of properties belonging to displaced Kashmiri Pandits have been detected in the Valley.
Replying to CPIM MLA, M Y Tarigami’s question in the Assembly, Minister incharge for revenue said that 1,608 cases of encroachment and trespassing have been reported in connection with properties belonging to displaced KP's.
Nearly 83 acres of land belonging to displaced Pandits in the valley has been encroached. The process to evict the encroachers is on and 1,160 other encroachment cases have already been disposed of, he said.
He said that no immovable property of displaced Pandits has been taken into custody in terms of Section 7 of Jammu and Kashmir Immovable Property and Preservation, Protection and Restraint of Distress Sale Act of 1997.
There are total 58,618 displaced families including 33,351 Kashmiri Pandits, 2,231 Muslims and 1,701 Sikhs residing in Jammu and Kashmir and outside.
HC: Displaced workers entitled to HRA, CCA
Jammu: A Division Bench comprising Justice YP Nargotra and Justice Vinod Kumar Gupta of the Jammu and Kashmir High Court has dismissed a batch of letters patent appeals arising out of various judgements passed on petitions of government employees, who on account of the turmoil had migrated from the valley, by virtue of which they had been held entitled to House Rent Allowance (HRA) and City Compensatory Allowance (CCA).
In 1989 and 1990, militancy forced members of a particular community, including government employees, to flee from the valley. The displacement of government employees resulted in their absence from duty, not on their own accord but due to changed circumstances in the valley.
In the ordinary course, absence from duty would have invited disciplinary action leading to their dismissal from service. However, the government came out with rehabilitation policies. While it treated the period of displacement as earned leave and the remaining period of absence as in-service for being counted for the purpose of pension, it deprived the displacement employees of the benefits of special pay and local allowances, including HRA and CCA.
The single Bench held that the petitioners were entitled to all benefits, including HRA and CCA, when a number of writ petitions were filed drawing analogy with certain government employees, who were being paid the allowances.
The government challenged the judgement of the single Judge on the ground that the petitioners had not claimed the benefits of HRA and CCA in their individual rights on merit.
The Division Bench, while dismissing the appeal of the state on Thursday, observed that “their entitlement to HRA and CCA is being disputed only on the ground of they not performing any duty. Therefore, if the government did not choose some of them for the performance of duties at any place or post, it was not their fault and they could not be penalised for not performing duties. In terms of para (e) of the government order No. 605-GAD of 1991, all displaced employees were bound to report for duty at any place within or outside the state of Jammu and Kashmir. Therefore, the government would not be justified in paying HRA and CCA only to those employees who were performing duties and not paying the same to those who were left out for the purpose of performance of duty. Therefore, the exclusion clause incorporated in para (e) of the government order No. 605-GAD is bad in law being arbitrary and discriminatory in character. And being violative of Articles 14 and 16 of the Constitution of India it cannot be legally sustained. We, therefore, quash the same and hold the writ petitioners entitled to the benefits of HRA and CCA.”
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