The Role of Judiciary in Upholding the Human Rights

The role of judiciary in protecting human rights in India is pivotal in ensuring justice and safeguarding individual freedoms. Acting as a guardian of constitutional rights, the judiciary enforces fundamental human rights and addresses violations through judicial activism and landmark judgments. Its significance in a democratic society lies in upholding equality, liberty, and dignity for all. By analyzing the contribution of courts to global human rights movements and exploring case studies, we can better understand the judiciary’s challenges and successes in preserving the essence of human rights.

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

In conclusion, the judiciary plays a vital role in protecting human rights by enforcing constitutional safeguards and addressing violations with impartiality. Landmark judgments and judicial activism have demonstrated its commitment to justice, even in the face of challenges. The importance of the judicial system in ensuring human rights extends beyond national borders, contributing significantly to global human rights advocacy. By continuing to uphold these principles, the judiciary strengthens the democratic fabric of society, ensuring that justice remains accessible to all.

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