Justice Rajiv Shakdher: A Champion for the Underprivileged
Throughout his illustrious career, Justice Rajiv Shakdher has consistently demonstrated a profound commitment to justice, particularly for those whom society often overlooks. His judgments resonate with the concerns of the marginalized, echoing the lament of King Arthur in Alfred Tennyson’s ‘Idylls of the King’ about a world seemingly created by a ‘lesser god.’ This theme is a recurring motif in Justice Shakdher’s decisions, where he seeks to address the inequalities faced by vulnerable communities.
Notable Judgments: Advocacy for the Marginalized
In the case of Govt School Teachers Association (Migrants) Regd. & Ors. v. Union of India & Ors., Justice Shakdher directed the regularization of government schoolteachers from the Kashmiri Pandit community who had been displaced to Delhi due to unrest in the valley. He poignantly described them as ‘children of a lesser God,’ forced to transition from a life of self-sufficiency to one of dependency.
Another significant judgment, Deepak & Anr. v. Central Board of Secondary Education, allowed petitioners to replace the name of their orphanage with their chosen names on school certificates. Justice Shakdher emphasized their right to reclaim their individuality, highlighting their journey from abandonment to self-identity.
Redefining Legal Norms
Justice Shakdher’s impact extends beyond individual cases. In Phaguni Nilesh Lal v. The Registrar General, Supreme Court of India, he challenged the exclusionary practices of the Supreme Court’s law clerk recruitment, advocating for equal opportunity regardless of educational background. His ruling recognized the potential for talent beyond the confines of prestigious institutions, arguing against invidious classifications based on unsound criteria.
Similarly, in the case of Priya Parameswaran Pillai v. Union of India and Ors., Justice Shakdher safeguarded individual liberties and free expression by overturning an executive decision to prevent a civil rights activist from traveling. He underscored the importance of freedom within the legal framework, defending the right to dissent and criticize without being labeled anti-national.
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Empathy in Practice
Justice Shakdher’s courtroom demeanor reflected his commitment to fairness and empathy, often prioritizing young lawyers and ensuring their voices were heard. His approach to justice was not merely about legal outcomes but about nurturing the next generation of legal practitioners and ensuring equitable access to the justice system.
A Legacy of Inclusion and Accessibility
Beyond his judicial pronouncements, Justice Shakdher’s administrative contributions have left a lasting impact. As Chairman of the Accessibility Committee of the High Court of Delhi, he implemented numerous initiatives to make the court system more accessible to differently-abled individuals. His efforts in IT and legal services committees further enhanced transparency and user-friendliness within the judicial system.
A Farewell and Continued Influence
As Justice Shakdher retires as Chief Justice of the High Court of Himachal Pradesh, his legacy endures. His decisions and reforms have expanded the boundaries of justice, ensuring that more individuals, often considered ‘children of a lesser God,’ find their place within the legal framework. His career exemplifies a ‘gift-love’—a dedication to justice that transcends personal gain, embodying the spirit of a lone tree offering shelter on a stark hillside.
