There cannot be a complete ban on development within the eco-sensitive zones (ESZs) around wildlife sanctuaries and national parks, the Supreme Court has said. The court made the observation on Thursday while reserving its order on applications seeking modification of its order in June last year directing protected forests to have ESZs of a minimum of one kilometre.
The Supreme Court. (PTI)
The order prevented new construction in ESzs. It also impacted the Kerala high court building, which is located within 200 metres of the Mangalavanam Bird Sanctuary.
A bench of justices BR Gavai, Vikram Nath, and Sanjay Karol said it was prima facie inclined to modify the order. “If this judgment is to be implemented, the principal chief conservator of forests (PCCF) in every state will be left with no other work but to entertain requests from individual villagers for the erection of permanent structures. They clearly do not have this wherewithal,” the bench said.
It added there cannot be a complete ban on construction either. The bench noted union environment, forests and climate change ministry’s February 2011 ESZ guidelines lay down the activities prohibited and those permitted under strict regulation.
The guidelines banned commercial mining in ESZs but allowed eco-tourism, the establishment of hotels and resorts, etc.
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The Union government argued millions live in ESZs. It said the court’s directions last year will have ramifications on the lives of local communities living around national parks and sanctuaries, and ecological development works.
Additional solicitor general Aishwarya Bhati said due to the restrictions on construction, the development of schools, hospitals, and dispensaries has suffered. She added the government will follow the 2011 guidelines in terms of the proscribed and permitted activities within the buffer zones.
Advocate K Parmeshwar, who is assisting the court as amicus curiae, said the order required modification due to the complete ban imposed on construction. He referred to the Scheduled Tribes and other Traditional Forest Dwellers Act and added it allows forest dwellers to undertake constructions for their basic amenities. “This law becomes otiose due to the ban on construction as most of them live in ESZs.”
The Kerala government told the court that forests account for nearly 30% of the state’s area. It cited the state’s population density and added much of its land was occupied and that the court’s order posed practical difficulties for Kerala.
Senior advocate Jaideep Gupta, who appeared for Kerala, said too many people’s lives are involved. He said significant areas of Sultan Bathery will come under the ESZ due to its proximity to the Wayanad sanctuary.
Union home minister Amit Shah on Wednesday virtually inaugurated the Mata Sharda Devi temple near the Line of Control (LoC) in Jammu and Kashmir’s Kupwara district, saying the abrogation of Article 370 by Prime Minister Narendra Modi is taking the Union Territory back to its old traditions, culture and the “Ganga-Jamuna Tehzeeb”.
HT Image
“The Valley and Jammu are once again returning to their old traditions, civilization and Ganga-Jamuni Tehzeeb due to the establishment of peace in Kashmir after the abrogation of Article 370 following the efforts of Prime Minister Narendra Modi,” he said.
On August 5, 2019, the Centre abrogated Article 370 and 35(A) (special status) and bifurcated Jammu and Kashmir into two Union territories – Jammu and Kashmir and Ladakh.
Shah said the inauguration of the temple is the beginning of a new era and that the architecture and construction of this temple has been done according to mythological scriptures under the aegis of Sharda Peeth.
“The Mata Sharda Mandir is being thrown open for devotees on the auspicious occasion of our new year. This is a good omen for the devotees across the country. Mata Sharda’s blessing will now remain over the whole country for the centuries to come,” he said.
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The minister also said that the Sharda Peeth across the LoC has been a historical centre of India’s cultural, religious and educational heritage and assured to open it for devotees, on the lines of the Kartarpur Corridor to Pakistan that was opened in 2019 to enable Sikhs to offer prayers at the Gurdwara Darbar Sahib.
The Sharda Peeth lies across the LoC, in Neelam Valley, some 56 km away from Teetwal in Kupwara or 160 km from Muzaffarabad, capital of Pakistan-Occupied Kashmir. It became out of bounds for people on this side after Partition.
“Ravinder Pandita ji sought to open the Sharda Peeth pilgrimage on the lines of Kartarpur Corridor. The government will certainly work in this direction,” he said.
The Mata Sharda Devi temple was constructed following a campaign by Ravinder Pandita, president of Save Sharda Committee and a Kashmiri migrant.
On the inauguration of the temple, Pandita said: “This is a matter of happiness for all Kashmiris. The way people are enthusiastic and are celebrating, this has to be counted. This is not just a temple but heritage and Sharda civilization.”
Prime minister Narendra Modi on Wednesday chaired a high-level meeting on Covid-19 and influenza to review the country’s response and preparedness to deal with a rising number of cases of influenza and a slight increase in the number of Covid-19 cases.
Prime Minister Narendra Modi chairs a high-level meeting to review the Covid situation, in New Delhi on Wednesday. (PTI)
The Prime Minister directed officials to enhance genome sequencing while also emphasising on the need to ensure people strictly adhere to Covid-appropriate behavior, according to a statement issued by the Prime Minister’s Office (PMO).
In the week ended March 22, India reported a daily average of 888 cases according to the Union health ministry, with a positivity rate of 0.98%.
The numbers are not alarming by themselves and some experts believe that more people are testing themselves because of a flu virus that is going around, and that some of them are testing positive for Covid-19. According to the latest genome sequencing data from INSACOG, the consortium of labs responsible for genome sequencing in India, the dominant strain of the SARS-CoV-2 virus doing the rounds now is XBB, which is believed to be highly infectious, but not lethal.
“Prime Minister Shri Narendra Modi today chaired a high-level meeting to assess the Covid-19 and Influenza situation in the country in terms of preparedness of health infrastructure and logistics, status of the vaccination campaign, emergence of new Covid-19 variants and Influenza types and their public health implications for the country,” read the PMO statement.
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On Wednesday India recorded 1,134 new coronavirus cases and five deaths.
Doctors are more concerned by influenza, which has laid many people low, sometimes for as long as a month, primarily because of their lower immunity following an attack of Covid-19. Flu shots are also not common in India, although doctors have been encouraging people to take an annual one.
During the meeting, the health secretary, Rajesh Bhushan, made a comprehensive presentation covering the global Covid situation .
The prime minister also reviewed the progress made since the last review meeting on December 22, 2022. He was informed that availability and prices of 20 main Covid drugs, 12 other drugs, eight buffer drugs and one influenza drug were being monitored.
The prime minister was apprised on the influenza situation in the country particularly with respect to higher number of cases of H1N1 and H3N2 being noted in last few months.
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Modi directed officials to enhance whole genome sequencing of positive samples with the designated INSACOG genome sequencing laboratories.
The prime minister emphasized the need to ensure Covid-appropriate behaviour including wearing of masks in hospital premises by both patients, health professionals, and health workers. He also stressed that wearing of masks is advisable when senior citizens and those with co-morbidities visit crowded areas.
“In my clinical practice, almost all my patients acquired infections by going to large gatherings, flights etc. where there is high potential for exposure. The susceptible population, especially elderly and immunocompromised, should avoid crowded places and take flu vaccine in time,” said Dr GC Khilnani, chairman, PSRI Institute of Pulmonary, critical care and sleep medicine.
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Rhythma Kaul works as an assistant editor at Hindustan Times. She covers health and related topics, including ministry of health and family welfare, government of India. …view detail
New Delhi: The Union government on Wednesday told the Delhi high court that confining the recruitment for the Judge Advocate General (JAG), the legal officer in the army, to unmarried men and women is a “reasonable restriction placed in public interest and the interest of national security”.
The Delhi high court posted the matter for hearing on July 17. (Archive)
Explaining the rationale behind the policy barring married individuals from applying for JAG, the government in an affidavit filed before the court said the cadets have to undergo a high amount of stress and rigours of military training and the restriction on marriage before successful commission is in the interest of the candidates as well as organisation.
“Having regard to the effects of marriage, the bar of marriage is a reasonable restriction placed in public interest and national security…due to such thought of policy governing the entry of males and females in Indian Army, either men or women officers, do not require them to resign or give up their service due to marriage or marriage related natural consequences if they get married after completion of training and are granted commission,” the Centre said in its latest affidavit.
A bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta was hearing a petition by lawyer Kush Kalra, who challenged the exclusion of married individuals from applying for the post. On Wednesday, the court granted time to the petitioner to file his response to the Centre’s stand and posted the matter for hearing on July 17.
During the previous hearing in the case last year, the court had asked the Centre to file an additional affidavit detailing the rationale to exclude married men and women in JAG.
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The government in its affidavit said there is no discrimination between men and women in the army, adding that military training is compulsory for all recruits before enrolment, irrespective of the arm and service they belong to.
“In all types of entries, unmarried clause is common… in the Indian Army both males and females are treated equally and granted equal opportunity in all service conditions and benefits,” it said. “The condition of being unmarried for both male and female candidates aged between 21-27 years for grant of commission is restricted only for the period of recruitment and pre-commissioned training which involves a high amount of physical and mental stress, strain and rigours of military training.”
The affidavit further said that once unmarried lady cadets and gentlemen cadets complete their training and are granted commission, “there is no bar for getting married or its natural consequences of pregnancy etc and service benefits viz. maternity leave, child care leave, paternity leave or married accommodation etc.”
During conduct of Basic Military Training, which lasts for a minimum one year, such provisions are not possible, it said. “Since pregnancy and giving birth to a child is considered as natural right for a woman and she cannot be deprived of that, while formulating the rules such precautionary conditions have been laid down in the interest of women candidates themselves,” the Centre said in its reply.
“With regard to male officers, the answering respondents, without prejudice, respectfully submit that the rigor of training and initial years of service do not permit an officer to get married during training or to address certain requirements of married life to include situations of emergency,” it added.
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Absence of more than three weeks during training leads to the cadets losing a term and being relegated to a junior term and further absence leads to discharge, the government informed the court.
“Thus, the prohibition of marriage during training period and before successful commission is felt to be a reasonable restriction put in the interest of the candidates as well as organisation,” it added.
In the PIL, petitioner Kush Kalra, who was represented by advocate Charu Wali Khanna, has termed as “institutionalised discrimination” the restriction on married individuals from being considered for JAG.
The petition has questioned the basis for barring married individuals from joining JAG, citing that marital status is not an eligibility criterion for the “equally ranked” judiciary and civil services.
In its earlier affidavit filed in March 2019, the government said that right to marry cannot be a right to life under the Constitution and there was no discrimination on the basis of marital status of the candidates.
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JAG is the legal advisor to the chief of the army staff in matters of military, martial and international law, the plea has said. It has sought that the special army instructions of 1992 and 2017, which disentitle married women and married men, respectively, from applying for JAG be declared as void.
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Reports from the Delhi High Court and stories on legal developments in the city. Avid mountain lover, cooking and playing with birds 🐦 when not at work …view detail