The Role of Judiciary in Upholding the Human Rights

The judiciary plays a crucial role in upholding human rights in India, acting as the guardian of the Constitution and the protector of individual rights. Through various landmark judgments and interpretations, the judiciary has not only enforced the rights explicitly mentioned in the Constitution but has also expanded the scope of these rights to include unenumerated ones, thereby ensuring comprehensive protection of human dignity.

Key Roles and Responsibilities

1. Enforcement of Fundamental Rights:
   The Constitution of India, under Articles 32 and 226, empowers the Supreme Court and High Courts to issue writs for the enforcement of fundamental rights. This mechanism is pivotal in ensuring that individuals can approach the courts directly when their rights are violated.
2. Judicial Activism and Interpretation:
   Through judicial activism, the judiciary has broadened the interpretation of fundamental rights. For instance, in Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the interpretation of Article 21 (Right to Life) to include the right to live with human dignity. This case marked a significant shift in the protection of human rights, where the judiciary recognized rights not explicitly stated in the Constitution but inherent to human dignity.
3. Public Interest Litigation (PIL):
   The judiciary has also relaxed the rule of locus standi, allowing any public-spirited person to file a PIL on behalf of those who are unable to approach the court due to economic or social disabilities. This has been instrumental in protecting the rights of marginalized and vulnerable groups. The case of S.P. Gupta v. Union of India (1982) exemplifies this, where the Supreme Court allowed a broader scope for PILs, enabling greater access to justice.
4. Protection of Vulnerable Sections:
   The judiciary has been particularly vigilant in protecting the rights of vulnerable sections such as children, women, and socially and economically weaker groups. For example, in Vishaka v. State of Rajasthan (1997), the Supreme Court laid down guidelines to protect women from sexual harassment at the workplace, demonstrating its proactive role in safeguarding women’s rights.
5. Judicial Oversight in Human Rights Violations:
   The courts have often intervened in cases of human rights violations, ensuring that state actions are in line with constitutional mandates. The landmark case D.K. Basu v. State of West Bengal (1997), where the Supreme Court issued guidelines to prevent custodial violence, underscores the judiciary’s role in upholding human dignity even within the confines of state authority.

Relevant Legislations and Bodies

1. Protection of Human Rights Act, 1993:
   This Act provides the framework for the protection of human rights in India, establishing the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs). These bodies are empowered to investigate complaints of human rights violations and recommend actions.
2. National and State Human Rights Commissions:
   The NHRC and SHRCs play a pivotal role in addressing human rights violations. They can inquire into cases, visit detention facilities, and promote human rights literacy. For instance, the NHRC took suo motu cognizance of the Gujarat communal riots in 2002, highlighting its role in addressing large-scale human rights abuses.

Landmark Cases

• Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 to include the right to live with dignity.
• Vishaka v. State of Rajasthan (1997): Established guidelines to prevent sexual harassment at the workplace.
• D.K. Basu v. State of West Bengal (1997): Issued guidelines to prevent custodial violence.
• S.P. Gupta v. Union of India (1982): Broadened the scope of PILs, enhancing access to justice for marginalized groups.

Conclusion

The judiciary in India has been a steadfast protector of human rights, ensuring that the principles enshrined in the Constitution are upheld and expanded to meet the evolving needs of society. Through its proactive stance, the judiciary has not only enforced existing rights but has also recognized and protected new dimensions of human rights, thereby contributing significantly to the realization of human dignity and justice in India.