Tag: civilliberties

Straying from the Law to Cage Compassion – Supreme Court’s diktat on street dogs – Part 2

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Just when it seemed the Supreme Court had overreached beyond repair with its August stray-dog directions,

https://lawumbrella.org/2025/08/13/straying-from-the-law-to-cage-compassion-supreme-courts-diktat-on-street-dogs-of-national-capital/

the Court returned on 7 November with a new order that appears to walk back the worst excesses, only to quietly introduce an entirely new layer of illegality. Yes, the Court has now “restored” the lawful principle of sterilise–vaccinate–return mandated under the ABC Rules, 2023, implicitly acknowledging that the earlier “zero-release” diktat was untenable. But beneath this veneer of correction lies a fresh wave of judicial law-making: new categories of dogs invented out of thin air (“aggressive dogs”), sweeping bans on dogs in institutions not authorised by any statute, mass-removal directions never contemplated by Parliament, and an expansion of executive-style micromanagement across schools, hospitals, stadiums, highways, bus depots, and railway stations.

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The Indian Constitution: A Masterpiece of Borrowed Wisdom and Indigenous Innovation

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The Indian Constitution is more than a legal framework—it is a testament to the nation’s ability to weave together diverse influences into a coherent whole. It is, in essence, a symphony of ideas, where the wisdom of the ages merges seamlessly with the demands of modernity. As I reflect on this magnificent document, I am reminded of a sculptor chiseling away at a block of marble, revealing a form that is not only beautiful but enduring, adaptable, and deeply reflective of the people it serves.

At its core, the Constitution is a polyglot—a creation born out of a dialogue between India’s ancient civilizational ethos and the great constitutional experiments of the world. It reflects the evolution of human governance, from the flickering flames of Magna Carta to the revolutionary principles of liberty, equality, and fraternity espoused during the French Revolution. Yet, it is uniquely Indian, embodying the spirit of a civilization that has, for millennia, placed a high value on justice, equity, and the welfare of all living beings.

In borrowing from these various traditions, the Indian Constitution becomes more than just a document. It becomes a living organism, growing and evolving as our nation changes. In the words of Justice Felix Frankfurter, “The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” It is in this spirit that we must explore how this monumental text has guided us, not just in times of prosperity, but in moments of profound challenge and transformation.

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High Court Issues Comprehensive Directives to Tackle Solid/Plastic Waste Issue in Himachal Pradesh

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 Shimla, July 24, 2024 – In a landmark ruling on July 18, 2024, the High Court of Himachal Pradesh, under the astute guidance of Judges J. Tarlok Singh Chauhan and J. Sushil Kukreja, issued an exhaustive order that promises a greener future. This pivotal decision, following the court’s March 23 and May 9, 2024 Orders, addresses critical aspects of compliance and sets forth robust directives for solid waste management. Lets dive right in:

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State’s Compliance and Waste Management Directives by High Court in Suleman Vs UOI

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In a significant decision dated May 9, 2024, the High Court of Himachal Pradesh, presided over by Judges J. Tarlok Singh Chauhan and J. Sushil Kukreja, delivered a comprehensive order addressing multiple matters concerning the compliance with the earlier order, examining the Action taken report of Municipal Corporation Shimla, and issuing directions in furtherance of its March 23 Order for solid waste management. This article deals with the above three aspects of the order in three Parts.

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The Aquatic Arteries of the Himalayas: Judicial intervention to preserve rivers from a grave threat of sewage treatment plants.

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Pristine peaks of the Himalayas in Himachal Pradesh are renowned for their breathtaking landscapes and vibrant ecosystems. However, beneath the serene surface, a crisis brews in its veins—the rivers and streams that carve through this mountainous terrain are under siege. Pollution, unchecked and unbridled, threatens not only the rich wildlife that depends on these waters but also the communities for whom these rivers are lifelines. The purity of these waters is integral to the ecological balance and cultural heritage of not only this region but also the rest of the country as the Himalayas provide water to most of the parts of the Indian sub-continent. The water bodies face peril from industrial discharge, inadequate waste management, and faltering sewage treatments.

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Himachal Pradesh High Court’s Landmark Order: A Beacon for Waste management Stewardship

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Shimla, Himachal Pradesh – In a landmark decision that underscores the judiciary’s commitment to environmental sustainability, the High Court of Himachal Pradesh through Hon’ble Justice Tarlok Singh Chauhan, has issued a comprehensive order, setting a new precedent for waste management and environmental protection in the state. The order, stemming from the case “Suleman vs. Union of India,” encompasses a wide array of directives aimed at enhancing waste management practices, promoting sustainable environmental policies, and ensuring strict compliance with environmental laws.(check earlier directions here https://lawumbrella.org/2023/11/26/high-court-of-himachal-pradesh-orders-stringent-implementation-of-solid-waste-management-laws/)

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Academic Merit of the candidate must also reckon the services rendered for the Common Good

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In view of ensuring  ‘Right to Health’, adequate medical facilities and an adequate number of doctors in the rural areas, an important order has been passed by the Patna High Court in the current circumstances of  a ‘Pandemic’. The Order is in line with judiciaries endeavor to fulfill its obligation towards securing social justice for the poor and especially for the people living in rural parts of our country.

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