Tag: News

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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In the Courtroom of Conscience: Reflecting on Justice Tarlok Singh Chauhan

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In Shimla, there are two things as certain as the hills themselves: the old town hooter that sounds at ten, and Justice Tarlok Chauhan taking his seat at exactly the same hour. Sharp ten. No dithering, no delay, time, like law, had to be honored. For the bar, this daily certainty meant one thing: if you had a matter before Justice Chauhan, you’d better have your file and your wits in order well before the fog lifted from the Mall Road. Once seated, His Lordship moved through the cause list with a rhythm that was nothing short of orchestral. The courtroom would come alive with movement, petitions called, orders passed, arguments sliced clean with surgical clarity. It wasn’t just speed; it was discipline refined into tempo. Lawyers who fancied a leisurely morning found themselves sprinting through their submissions, their watches forever set to “Justice Chauhan Standard Time.” He didn’t simply hear cases; he breezed through them, but never at the cost of fairness or depth. To witness him in court was to witness the law in motion, not sluggish, not ceremonial, but alive, exacting, and infused with purpose.

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The Advocates (Amendment) Bill, 2025: A Threat to Judicial Independence and the Sanctity of the Legal Profession

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“The legal profession is not merely an occupation; it is the guardian of justice, the voice of the oppressed, and the first line of defense against tyranny. An independent Bar is the cornerstone of an independent judiciary—compromise it, and you compromise the very foundation of democracy.”

If the Advocates (Amendment) Bill, 2025 had a motto, it would be: “Speak less, comply more, and never question authority.” Wrapped in the language of “reform,” this Bill is less about improving the legal profession and more about taming it. It reads like a playbook for turning fierce, independent advocates into government-approved legal service providers, carefully selected to avoid ruffling any executive feathers. By expanding control over the Bar, criminalizing dissent, and creating a chilling effect on legal activism, the Bill seems designed to ensure that lawyers think twice before taking up cases that challenge the powers that be. In a democracy, advocates are meant to be the watchdogs of justice—but with these amendments, the government appears keen to turn them into obedient house pets, barking only when permitted. The message is clear: fall in line, or risk professional extinction. But history has shown that the legal fraternity does not take kindly to such attempts at subjugation—and the overwhelming resistance to this Bill proves that the fight for an independent Bar is far from over.

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High Court seeks Rigorous Compliance of sanitation issues: Respect for shared spaces and lessons from Japan

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The scene portrayed above is from a Japanese movie, Perfect Days (2023), directed by Wim Wenders. The film portrays the life of a Tokyo toilet cleaner, Hirayama, who finds profound meaning and dignity in his seemingly mundane job. The philosophy of Perfect Days emphasizes finding dignity, meaning, and beauty in tasks, like cleaning toilets, reflecting the profound connection between care for shared spaces and human respect. As essential public services, sanitation and toilets embody this philosophy by upholding public health, equality, and dignity for all. Together, they remind us that even the simplest actions in maintaining hygiene can have transformative societal impacts.
The High Court’s various directives in CWPIL 6 of 2017 and the philosophy of Perfect Days converge on a universal truth: dignity resides in the care we show for our shared spaces and responsibilities. Just as Hirayama’s work elevates public toilets to sanctuaries of care, the court’s insistence on accountability and sustainable practices transforms sanitation into a symbol of collective respect and progress.

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Retrospective Regularization and Pay Fixation Benefits: A Win for Forest Guards

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In a case that highlights the perils of administrative inefficiency and its impact on the fundamental right to equality, the Himachal Pradesh High Court delivered a landmark judgment in favor of Forest Guards who were left behind in the race for regularization. At the heart of the matter was a seemingly small, yet significant delay in regularizing the petitioners’ services—a delay that cost them the financial and professional benefits their counterparts in the Dharamshala Circle enjoyed. The courtroom battle underscored a critical question: should employees suffer because of administrative lapses beyond their control? The court’s answer was a resounding no.

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Inconvienient Judgments that ruffle too many feathers-The case of the silent majority, Judicial Transfers and Sherlock Holmes

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Imagine Sherlock Holmes sitting in his Baker Street flat, scratching his head over the enigma of judicial transfers in India. “It’s quite elementary, my dear Watson,” he might say, “except when it’s not. The transfers happen without consent, reasons are shrouded in secrecy, and the silent majority watches as the plot thickens!”

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Buy-back policy, HIPA Training, Special Task Force, and other directions by the High Court to Combat Solid Waste Issue

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Shimla, August 8, 2024 – The division bench of the High Court of Himachal Pradesh presided over by J. Tarlok Singh Chauhan and J. Sushil Kukreja, in its ongoing commitment to environmental preservation, has issued a series of significant directives aimed at enhancing solid waste management across the state. Building on its earlier orders on March 23, May 9, 2024 and July 18, 2024., the court has now introduced new measures to ensure that these efforts reach the most critical areas and involve every level of society. The court’s new order, dated August 8, 2024, builds on these earlier measures with additional, targeted directives. Let’s dive right in:

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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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