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Misconceptions keep Himachal from making fortune on ‘green gold’ and eradicate charas mafia

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Shimla: Owing to the unawareness and lack of education regarding the difference between hemp and recreational cannabis and the political link between the two, Himachal Pradesh Government is missing a big opportunity to cash on it. Hemp cultivation has become green gold in countries like China and the United States of America. The best part is that its biodegradable, thus, eco-friendly.

At the same time, while sitting on this mine of green gold, the Hill State is facing the wrath of charas/drug mafia due to illegal cultivation in rural areas where people have bleak opportunities of alternative employment.

The public, as well as the government, are under the false impression that legalizing cultivation would make things worse, especially for the youth. The article discusses facts relating to this misconception created due to the negative image of the plant. But before that, let us take a look at the booming industry of hemp.

Overview of the booming global hemp market

As of 2017, around 36 countries were growing industrial hemp in accordance with rules and regulations of their respective governments.

Hemp is endorsed in fibre market by big names like Adidas, Nike, Specialized Bicycle, MERIDA, TREK, Capo, Assos, Rapha, Marcello Bergamo, Castelli etc.

Hemp fibre accounted for 40.4% of the revenue in 2017 on account of high demand from the textile industry.

The global industrial hemp market is booming and expected to reach USD 10.6 billion by 2025, says a report by Grand View Research, Inc.

Hemp economy of US from 2012-2022

It’s generating billions in revenue and creating investment opportunities. China is the biggest producer as it claims 50 percent of the total supply to the global market. China’s hemp industry is all set to grow into a US $14,66,49,10,000 fortune in just five years.

China is fetching US $1,500 per hectare which is higher than the common crops like corn. Its produce is mostly exported to US, Europe, Japan, Korea, Hong Kong, etc.

Shanxi Greenland Textile is the largest hemp fibre processor in China.

While Indian policymakers are neglecting it, about 606 patents have already come into existence, and China holds maximum 309 patents relating to hemp products.

In the US, Hemp Business Journal predicts industry growth of 700% to a value of 1.8 billion dollars by 2020 owing to hemp-derived CBD, food, personal care and industrial products

The total sales for the U.S. Hemp Industry in 2017 were $820 million.

hemp industry in 2017-18

Hemp is useless for charas mafia

When American farmers first begin to grow hemp as a legal crop, a large number of other people believed they were growing drugs or cannabis for smoking. This is the biggest misconception faced by the policymakers in India as well as in other nations.

Hemp is one of the varieties of Cannabis sativa, which cannot be used as a psychoactive substance to get high. In simple words, it would not get you high even if you try to do so by smoking it because it contains negligible amount (.3%) of the psychoactive substance Tetrahydrocannabinol (THC).

Difference between cannabis and hemp

This variety of cannabis family is different from what is being cultivated illegally in Himachal, which contains a much higher amount of THC.

Genetically modified seeds with low TCH content

The researchers are already working on developing genetically modified hybrid seeds which could deliver higher productivity with a negligible amount of THC. Similar efforts are being made in the neighbouring states of Uttarakhand and Jammu & Kashmir where the hemp cultivation has already been made legal. However, the stigma associated with cannabis family is holding back the hemp industry.

However, the misunderstanding due to the link of hemp to the cannabis family has resulted in several restrictions on hemp cultivation, processing, distribution, and consumption.

Himachal’s policymakers should not make a similar mistake and spoil the chances of socio-economic upliftment through this green gold.

Recreational cannabis can’t be grown under cover of hemp

Countries cultivating hemp has not faced any such problems because these two types of cannabis varieties can be distinguished easily. Also, the cultivation cycle is also different from the recreational cannabis. Moreover, the cultivation area, which is beyond government’s complete surveillance throughout the year, would automatically provide all details regarding the total area of cultivation with specific locations, total produce, and sale to manufactures.

Considering this, anyone who is given license to cultivate hemp legally after fulfilling all official formalities and conditions would deter from violating it by trying to cheat the authority.

Recognized and listed in the Essential Drugs List of AYUSH

The Essential Drugs List of Ayurveda Siddha Unani and Homeopathy (AYUSH) Department includes cannabis sativa as a medicine and the ancient literature of India as well China has a plethora of documented knowledge about the medicinal properties of the plant.

It is written in our Vedas that Cannabis (Vijaya) is one of the most sacred plants to grow on this land. Our Ayurvedic scriptures recognised and wrote about the miraculous medicinal properties of this plant almost 3,500 years ago.

Vijaya has been described under Upasiva Varga (Group of sub-poisonous plants) by certain texts related to Rasa Sastra.

Take a detailed look at a research titled “Exploring the pharmaco-clinical view on Bhanga (Cannabis sativa linn.): a classical unfamiliar portrayal Swagat”  by DilipTavhare and Rabinarayan Acharya  published in International Journal of Pharmaceutical & Biological in 2015:

A large number of such studies is available to testify in support of the aforesaid facts. 

A global cannabis market of billions of dollars is ready to make large investments in India with a potential of creating employment for approximately 2.8 million people.

The cultivators can earn approximately Rs, 40,000 per acre in 100 days. Further, India has a potential to export hemp and cannabis products worth $330 million, which could grow rapidly if the government could think in the right direction and open research facilities to study this plant. 

As per the Canadian Hemp Trade Alliance, in 2016, Canadian exports of hemp rose from $600,000 to $45 million and is expected to grow to $40 – $80 million by 2020.

Companies in the market are producing fibres that are water repellent, fire retardant, absorptive, and super soft. China was the first to carry out a research on hemp and use it in the military for uniforms and bulletproof jackets.

As a matter of fact, the hemp fibre is considered as one of the strongest material.  

Hemp is so strong and lightweight that the auto industry is using it for luxury car parts.

It also makes good construction material in homes, and researchers are of the opinion that hemp biodiesel could one day be used as clean fuel.

The market boom can be attributed to increasing awareness about hemp, thus, growing demand for hemp-based food products including cooking oil, dairy alternatives, flour, salad, and for bakery products such as bread and cookies

What does HP High Court say about hemp cultivation?

If the data provided in a Public Interest Litigation (PIL) filed in the State High Court by advocate Deven Khanna is considered, Himachal can kill several birds with one stone if it could bring the cultivation of hemp under legal framework for industrial and medicinal purposes.

A bench of Acting Chief Justice Sanjay Karol and Justice Sandeep Sharma, on July 19, after taking stock of the situation of the state in terms drug/substance use, had expressed worries about it saying the situation has reached an alarming level.

The Court has directed the government to take every possible measure including at the level of policymakers to eradicate this nuisance. Along with directions to law enforcement agencies, the court has also asked the government to consider cannabis cultivation for alternative purposes, especially medicinal.

Government may also consider hiring services of some research Agencies, who in turn may advise/recommend alternate use, especially medicinal use, if any, of cannabis plant grown in the State of Himachal Pradesh, so that local residents, involved in illegal trade of cannabis, are encouraged to use cannabis plants for producing some medicines or substances which can be used legally,

the court had stated in the order.

ND&PS Act has given powers to State Governments to legalise hemp cultivation.

On the top of these advantages including the positive response of the High Court, there is already a provision in the ND&PS act, which the government can use to allow hemp cultivation.

Section 14 of the ND&PS Act empowers the government to, by general or special order, permit cultivation of cannabis exclusively for horticultural and industrial purposes. It says that the Central Government shall encourage research and trials of cultivars of cannabis with low THC content. The Central Government shall, however, follow a cautious, evidence-based approach towards the cultivation of cannabis for horticultural and/ or industrial purposes and shall take decisions based on the result of researches.

The Section 10 of the Act when read with Section 8, empowers the state governments to licence cultivation of cannabis for medical and scientific purposes.

Hemp cultivation is very specific in terms of its requirement for the climatic conditions.

As the altitude and climatic conditions of the Hill State favour cultivation of cannabis, the plants could be found in almost every region from tribal areas to International tourist destinations like Kullu and Shimla.

This alternative can also eradicate charas/hashish mafia – one of the biggest concerns of Himachal.

Also, as the hemp has no natural enemies like animals, insects, pests etc, farmers do not need to worry about the damages worth hundreds of crores caused to their crops by wild animals or making expenditure on pesticides.

Himachal’s struggle to check drug/substance abuse nuisance

If we take a look at the current situation, in district Shimla only, the police have registered about 24 cases under the Narcotic Drugs & Psychotropic Substances (ND&PS) Act from July 1 to August 8, 2018. In July, about 70 percent of cases were registered against Heroin (Chitta) offenders other than Charas, opium, and other drugs.

However, in August, the Shimla Police seized a high quantity of Charas in two cases, which could be considered as significant achievements. On August 8, police allegedly nabbed three persons including a female with 8.143 kg of Charas, and the case was registered at the Police Station, Theog.

Earlier, on August 2, the police had got it hands on a person who was allegedly carrying 3.3 kg charas.

However, such a high number of cases under ND&PS also indicate a commercial level cultivation of cannabis illegally. Ironically, the government is spending on uprooting these crops.

As per the Director General of the Police, SR Mardi, 94.267 kg charas was recovered between April, May and June 2018.

As per the DGP’s affidavit submitted to the court,

In the year 2012, 282.370 Kgs. charas was recovered from Himachal, whereas in the year 2013, it increased to 314.962 Kgs. As per the ‘NCB’, 356.963 Kgs. charas was recovered in the year 2014.

In 2016, the amount of seized charas rose to 377.535 kgs and 134 kg charas in first seven months of 2017.

Replacing current cannabis variety with hemp could go a long way in checking this nuisance and the black market.

Need for crop diversification in Himachal 

Cannabis legalisation in Himachal PRadesh

Further, the climate change has affected Himachal’s common crops and fruit crops, especially apple. Amid such times, the policymakers need to work for diversification of cultivation of crops so that a supplementary income could be provided through the cultivation of Hemp in a rotational growing cycle along with major conventional crops.

It’s needless to say that hemp cultivation in addition to the common crops could assist it in achieving its target of doubling the income of farmers. 

Major challenges for the hemp industry in India

The major challenges that the hemp industry face in India are lack of precedence with regards to regulatory landscape, interlayered ministerial roles and responsibilities, regulatory void caused due to lack of independent and consolidated regulator, lack of standard material for research amongst academics and institutions, concurrent policy clarity with regards to forward-looking nature of the hemp industry.

The State High Court would be conducting next hearing in the petition filed regarding the legalisation of hemp cultivation in Himachal on August 14, 2018. The court had already directed the state government to make a call over the decision. The ball is in the government’s court.

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 7 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture world around him in his DSLR lens.

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In times of climate change, how do Himachal’s people want their mustard?

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Farming of Mustard Oil in Himachal Pradesh

If one was to walk through a village in Himachal Pradesh in the early 1940s, there would be the sound of many wooden wheels turning. One of them would be the spinning wheel (charkha) used to make thread from sheep’s wool for weaving coats or chola and pattu on a loom (khaddi).Another would be a water wheel (gharaat), which rotated in the water of the kuhlsor canals, grinding the wheat in the mill or chakki above. While these first two wheels continue to exist, albeit in small numbers, the third village wheel has almost completely disappeared. The third wheel, the oil mill or kolu, used the force of ox and buffaloes to turn a heavy stone, which in turn would grind mustard and flax oil seeds into fresh oil.Although Himachal does not produce as much mustard as the larger states in North and Western India, it has always been an essential crop to everyday life.

Spinning the wheel of time back to the 1940s again, we learn that the kolus or oil-press mills were run mainly by Muslim families. As Pradan Ram of Rakkar village, Kangra district said,

The Muslim families that were our neighbours ran these oil mills. They were the telis. Some of them also played shehnai at the temple, but most of them ran the oil mills. We would take our mustard or flax seeds and get them ground at the mills. In the higher up regions of Kullu- Lahaul, people made walnuts, apricots and other oils. Nobody bought oil from any shop! We would pay the teli with our grain.

Post-partition, the Muslim population in most parts of Himachal Pradesh diminished, and now stands at around 4% living mainly in Chamba, Una and Solan districts. From a history of great syncretism, and communities living and sharing resources together, what followed were times of great division. These divisive times were seen in agriculture with the impact of the Green Revolution in the 1960s, where the Barah Anaaj or 12 mixed crop system, of which mustard is an important crop, began to disappear in favour of monocropping. These 12 crops used to include combinations of maddua (finger millet), ramdana (amaranth), rajma (kidney bean), mung (green gram) lobia (black-eyed peas), kuttu (buck wheat), kulath (horse gram), makki (corn) and math (a local soya bean), alsi (flax seed for oil), sarson (mustard seed), sorghum (jowhar), pearl millet (bajra), chana (chickpeas). In addition to this gourds, greens and wild vegetables and flowers were grown and collected.

Each of these crops has a different resilience, some thrive acidic soils, some can survive floods, while others can survive droughts. In fact, the traditional seeds of our region are treasures that also have unique tastes and health properties.

shares Mansingh of Nain village, Kangra district.

As wheat and rice became more popular, in the 1990s, farmers began to practice mixed farming, however no longer of twelve crops. Mustard continued to be the main crop, grown in almost every farmer’s field. While the Kharif crop would have corn in the higher fields, rice in the lower fields mixed with chickpeas or lentils, the rabi crop, would have wheat along with math and mustard. While the math seed provides nitrogen to the soil, the mustard was known to support the wheat crop.

When it rains heavily, the wheat crop can fall, therefore we grow mustard alongside so that they can bear each other’s weight,

shared Kavitha Devi a farmer of Sukkad village in Kangra district.

Another turning event for farmers was in 1998 when the Indian government ordered all traditional oil mills to shut down and they were deemed unsafe. Coincidentally, this was the time when cheap GMO soya oil began to flood the Indian markets. Many farmers who did not grow enough mustard for oil and depended on the shops were now caught in a dilemma.

There was a time when we began to receive refined oil in the fair-price ration shops at one time, which sold cheaper than mustard oil. While some of the people bought it, they realised that they were increasingly getting joint paints. We complained in our panchayat and then demanded sarson oil,

Says Jagat Ram the owner of a fair price shop in Rakkar in Kangra district. Both Tibetan and Ayurvedic doctors in the region back up this claim saying that mustard oil eases joint pains and is good for health in general, whereas refined oils cause mass arthritis. Although the mustard oil in the ration shops comes from Punjab and not their own fields, farmers in Himachal stood up for the mustard seed as an important part of their lives.

However, since the 2000s, this intrinsic importance has begun to be questioned. This is for several reasons, one of them being the financial pressure to grow cash crops (apples, ginger, kiwis, off-season vegetables) that can sell at a higher price. Another big factor is climate change, where unpredictable weather patterns have set in. The Agriculture Department has identified that the local mustard varieties are facing a major aphid insect problem due to climate flux and recommend the use of hybrid seeds.

The University recommends the gobi and farm hybrid seeds and this is what we distribute,

says a worker at the Agri Department outpost in Sheela Chowk, Kangra District. Most farmers nowadays grow their wheat crop without intercropping with mustard. They grow the two crops separately.

As traditional seed saving dwindles, adding in the problem of monkeys and furthermore erratic rains and hailstorms, farmers are in crisis. In what scientists of Delhi University and the Deepak Pental team feel is the solution for agriculture, seeds of GM Mustard are being proposed as a move towards the future.

When told about GM Mustard, some farmers like Vimla Devi of Banala, Kangra district outrightly refuse the idea. She says that there are plenty of local varieties of mustard in Himachal and it is a question of reviving them.

We prefer our local mustard seeds, black and white seeds, as the saag is tasty, they give plenty of oil for cooking, medicine and our hair and we can use the dried stalks as a broom as well,

she said. 

Small farmers across India have gone on a Sarson Satyagraha to prevent GM Mustard from being released. Although India illegally imports GM foods, if GM Mustard is approved, it will be the first GMO food crop being grown in India. Governments of Kerala, Tamil Nadu, Delhi, Bihar, Odisha, Madhya Pradesh, Haryana and W. Bengal have said NO to GM Mustard stating that GMOs have been proven to have health effects but more to take away farmer sovereignty and make them dependent on companies, Universities and the State. GM crops also destroy diversity, meaning that they require a monocrop plantation, and cannot co-exist in mixed farming fields like earlier.

At this critical juncture, in times of climate change, one can only hope that the “wheel of time” in Himachal Pradesh withstands the pressure of the future, looks to its small holder farmer with their history of successful mixed farming and manages to revalue what the past has left behind. After all, without mustard oil in the madra curry in the village dhaam feast or pathrode made of mustard and collocasia leaves in the monsoons, and even more ‘makki di roti and sarson da saag’ in the winters, life for pahadi people is incomplete!

Author Aditi Pinto is based in Rakkar, Himachal Pradesh. She uses writing to give a historical perspective to the current environmental crisis.

This story is being published as part of a GIZ-CMS Fellowship

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Himachal’s fitness enthusiast shines at Indian TV Reality Show

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Himachal's Fitness enthusiast sachin sharma of Shimla

Shimla: Sachin Sharma, a handsome man of 26, is currently a person who stands in contrast to Himachal Pradesh’s ill-famed youth struggling with drug and substance abuse – a crucial issue that has sounded an alarm in the State. Sachin is the one who joined a gym at the age of 19 – an age at which teenagers are struggling to escape from the jaws of drug/substance abuse, especially Heroin (Chitta).

Sachin, born in a middle-class family of Deha village, Theog, Shimla district, recently appeared in what could be called India’s first fitness reality show “Indian Fitness League.” It wasn’t a bodybuilding show, but the challenge was to undertake tasks designed to check who is the fittest. Sachin was the only one from Himachal to have made through the auditions. He was selected as one of the 40 fittest people of India. He earned the special attention of the hosts of the show as well as among other competitors.

The next episode of the TV show would be telecasted on October 6 on Discovery Sports at 4 PM.

To know more about him, Himachal Watcher interviewed him (Watch Video). We found that his story is inspirational in its own way:


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Far from ill and unhealthy habits, he doesn’t smoke, doesn’t drink or take anything that would toy with his physical and mental fitness. He definitely doesn’t take steroids. Since last seven years, he has followed a strict discipline in diet and habits. He didn’t compromise with his studies either. He completed his schooling from Dayanand Public School in Shimla.

In 2018 he completed his post graduation in Masters of Business (MBA) from Himachal Pradesh University and had procured a placement for himself too.

He wasn’t born with a silver spoon in his mouth so placement did matter for him. His father Mohan Lal Sharma and mother Subhadra Sharma are both serving with the Crime Investigation Department (CID), HP, as Assistant Sub-Inspector (ASI) and Head Constable respectively. It wasn’t easy to manage an additional expenditure of Rs. 15,000 – 20, 000 on his protein diet for seven years.

At this point, his decision-making ability was put to test. He had to choose one of the two: job placement and passion for fitness. He listened to himself and decided to seek a career in the fitness industry.

Though Sachin’s body is in good shape, he isn’t actually a bodybuilder. He is a fitness enthusiast, who has trained without a professional trainer or a mentor. He made ample use of YouTube to learn. He didn’t take up fitness as his passion because he was inspired by someone. He was his own inspiration.

He first received an opportunity to get on a stage at annual Mr. Himachal competition. Later he won the Maruti Suzuki Devils Circuit held in Chandigarh.

Now, after his tremendous performance at the IFL, Sachin has received sponsorships and was inducted in the TG Athlete group. Opportunities in the fitness industry have begun to appear before him. He believes that someday, he would extend support and guidance to other fitness enthusiasts of the state, which he could hardly receive for himself.

He is an idol for the youth of Himachal, especially because fitness is an antonym to drug/substance abuse and indiscipline. In the majority of cases filed under the Narcotics, Drugs & Psychoactive Substances (ND&PS) Act, the accused are reported to be between 20-25 years. A couple of days back Shimla Police arrested a 22-years-old local boy with a packet of Lysergic acid diethylamide (LSD) stamps. 

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Looking back at magnificent tenure of Justice Sanjay Karol at HP High Court

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Justice Sanjay Karol as Acting Chief Justice of HP High Court

Shimla: The Judge of the Punjab & Haryana High Court, Justice Surya Kant, has been appointed as the new Chief Justice of the Himachal Pradesh High Court. He would be taking the charge soon. Justice Kant started practising law at the District Courts, Hisar, in 1984 and moved to Chandigarh in 1985 to practice at the Punjab and Haryana High Court. He was designated as Senior Advocate in March 2001. He also held the office of Advocate General, Haryana, till his elevation as a Permanent Judge to the Punjab and Haryana High Court on January 09, 2004.

The time is right to look back at the tenure of Acting Chief Justice and the functioning of the Hon’ble High Court in the past year under his leadership.

Justice Karol belongs to Garli village, Tehsil Dehra Gopipur in District Kangra of Himachal Pradesh.

He was born in Shimla on August 23, 1961. He is an alumnus of the St. Edward School, Shimla, and graduated with Honours in History from Government Degree College, Shimla.

He obtained a Degree in Law from H.P. University, Shimla and enrolled as an advocate in the year 1986.

He had assumed the charge of the office of the Acting Chief Justice of the State High Court on April 25, 2017.

India has had many brilliant judges but few amongst them became great. A brilliant judge might know the law to its minutest detail, but a great judge knows ‘justice’ and the spirit that it posses. The road to greatness is paved by compassion, kindness and a seeking for truth. With empathy in heart and sensitivity in mind, Justice Karol has been setting an example for us of how human dignity and compassion is to be practised, not just through his judgements but also through his acts of kindness and compassion in normal life situations.

Justice Karol is greatly admired for encouraging the young lawyers and welcoming them to the profession with open arms. The Hon’ble Justice is also known for his work in public interest litigation since assuming the charge of Acting Chief Justice of Himachal High Court. The greatest change which the Hon’ble judge brought was to accept letters of common people and convert it into public interest petitions, in case, those letters revealed miscarriage of justice and breach of fundamental rights.

In India, the first PIL was filed in the year 1976 – Mumbai Kamgar Sabha v. M/s Abdulbhai 1976 (3) SCC 832. The seed of the PIL was sown by Justice Krishna Iyer through this landmark judgement. Soon thereafter, with the efforts of Justice Bhagwati, the concept of the PIL evolved and developed to a great extent. The courts started accepting letters as petitions if they happen to disclose any violation of fundamental rights and matters of public importance.

Justice Bhagwati once said,

“Public interest litigation is essentially a cooperative or collaborative effort on the part of the petitioner, the State or public authority and the Court to secure observance of the constitutional or legal rights, benefits and privileges conferred upon the vulnerable sections of the community and to reach social justice to them. The State or public authority against whom public interest litigation is brought should be as much interested in ensuring basic human rights, constitutional as well as legal, to those who are in a socially and economically disadvantaged position, as the petitioner who brings the public interest litigation before the court. The State or public authority which is arrayed as a respondent in public interest litigation should, in fact, welcome it, as it would give it an opportunity to right a wrong or to redress an injustice done to the poor and weaker sections of the community whose welfare is and must be the prime concern of the State or the public authority.”

The importance of strengthening such a practice of Letter Petitions as PILs in a state like ours was absolutely necessary. Himachal has poor people, farmers, and large parts of villages are backward, hence, the judicial process for most of the people in the state is incomprehensible or costly to pursue. This has led to unchecked human rights violations and also large scale unchecked environmental degradation. The Hon’ble High Court in the past year has done extensive work in taking up the fundamental rights and environmental issues of poor and downtrodden, even if they have been addressed by way of letters.

The Acting Chief Justice during his tenure has dealt with issues of public importance and made efforts with the tool of Public interest litigation for the realisation of the dreams of our Constitution. His orders and judgements cover the whole spectrum of issues, such as:

  • Landmark order for ‘right of sanitation’ and directing the state for construction of public toilets at highways
  • A landmark judgement in Directing payment of unpaid salaries of nurses, which was unpaid for months
  • Landmark judgement for removing discrimination against married women in matters of employment
  • Protection of trees through technology, use of RFID, Drones and Satellites
  • Protection of wetlands, the direction was given for the creation of a wetland authority, which facilitated funds to the state from centre
  • Directions for Checking illegal mining
  • Protection of rivers from the illegal running of dams
  • Providing compensation to the families of road accident victims or to families who suffered an act of criminal violence
  • Thinking about hemp and medical cannabis as an alternative source of income to farmers and as a mode to curb drug market
  • Deliberating upon police reforms, directing the installation of cameras in the prisons to check human right violations. Also directing the Advocate general to re-look at H.P police Act and bring it in consonance with the constitution
  • Reforms in the forest department especially the condition of forest guards
  • Several judgements on animal rights issues
  • Several directions for building roads, most importantly monitoring the construction of national highways
  • Several Directions for the protection of the UNESCO heritage sites, including a drive to clean up Shimla-Kalka railway
  • Several directions to tackle the garbage problems in various places in Himachal
  • Several directions to improve the medical facilities in the hospitals

To take up and decide the above-mentioned issues requires a spirit rooted in kindness, empathy and compassion. This kindness was not just limited to judgements but also in the pragmatic handling of real-life situations. During Shimla’s water crisis, alongside high-ranking state and municipal corporation officials, Justice Karol nearly spent all night inspecting operations at the water control rooms to ensure that they were working without any impediments. The court also gave orders that no special treatment be meted out to the VIPs during the time of crisis.

In an another and very recent incident, a milkman who fainted after suffering a seizure in the Lakkar Bazaar of Shimla was saved by the acting chief justice who helped the man reach the hospital in time. Justice Karol got out of his vehicle and directed the driver to take the man to the hospital immediately. He then simply begun to walk. It was an example of humbleness for those taking perks of the VIP culture.

We spoke to a High Court lawyer, Advocate Deven Khanna, who as an amicus has assisted the court in various matters.

The most significant work of the acting chief was the focus on Access to justice. Without the ‘access’ or means of accessing justice, the constitution is redundant. Once the constitution is triggered, then only fundamental rights can be realised. Public interest Litigations is the tool that the Acting Chief has used to democratise the judicial process. The court has essentially said that justice does not only belong to the rich people, corporates and governments (who take up most of the litigation time in courts), it primarily belongs to the poor. The poor can write a letter or get legal aid or get assistance from an amicus currie, who on his behalf, will pray to the court on a violation of his most basic rights,

Deven told Himachal Watcher.

It is said that Article 32 was the most favourite article of the great B.R Ambedkar. He said that it is the soul of the constitution. When he was referring to Article 32, he actually meant ‘access to the courts’ in case fundamental rights are violated. Article 32, 226 and letter petitions are essentially the same and are the heart and soul of the constitution. It was visible in practice in the working of the Hon’ble Acting Chief Justice during last one year

, he added.

When the state has failed to protect the rights or has failed to do its duties, its the duty of the Superior Courts to step in and make sure that law of the land is not sabotaged and common man or the environment is not jeopardised,

he further added.

More about Justice Sanjay Karol

Including Hon’ble Supreme Court of India, he practised in various Courts in Constitutional, Taxation, Corporate, Criminal and Civil matters. He had appeared as Counsel in the Inter-State water Dispute (BBMB Project) in the Hon’ble Supreme Court of India.

He also discharged the constitutional duties as the Advocate General of Himachal Pradesh from 1998 to 2003. In the Year 1999, he was designated as Senior Advocate.

He remained on the Senior Panel for Central Government, Supreme Court of India. He was elevated as the Judge of the High Court of Himachal Pradesh on March 8, 2007. He also remained the Chairman of State High Court Legal Services Committee

Presently also discharging statutory duties as Executive Chairman of H.P. State Legal Services Authority and a member of the Board of Governors, Himachal Pradesh Judicial Academy.

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