Human Rights In India – Role of Judiciary By Trapti Pareek

Human Rights are those rights and freedom which are inherit or belong to every person in India. All the citizen of India are entitled to human rights without discrimination of race, caste, sex, color, or nationality. Human rights are the right which are inherit to all the citizen. Human rights are divided into social rights, political rights , economic rights, cultural rights and collective rights.

The Indian Constitution provides us a list of Fundamental Rights.

  1.  Rights to Equality
  2. Rights to freedom
  3. Rights against Exploitation
  4. Cultural and educational Rights
  5. Right to freedom of Religion
  6. Right to constitutional Remedies

Role of judiciary

In India, Judiciary is a Independent Part of Government. Judiciary plays a very important role. Judiciary includes two rules-

  1. The traditional rule i.e. to interpret the laws
  2. Judicial Activism i.e. it means to exercise the discretionary power to provide justice.

These both play very important role for the protection of human right and fundamental right. Any Individual whose fundamental right  is violated then he\she can directly move the supreme court. The Supreme court and high court can issue a writ  under Article 32 and 226 of Constitution of India for the enforcement of fundamental.

  1. Writs of Habeas Corpus – The writ of habeas corpus means ” You must haver the body ” . In simple word to bring or present the body before the court and check the arrest of person is lawful or not.
  2. Writ of Mandamus –  Mandamus is a latin word which means ” we command”. This writ is issued when court find that police officer is not doing his duty and there is a violation of legal right of arrested person.
  3. Writ of Prohibition – The writ is issued by a higher authority when subordinate authority or lower court has considered case beyond its jurisdication.
  4. Writ of Quo- warranto – The word Quo-warranto means “by what authority” or “What is your authority”. This writ is issued when it require to show by what authority he has exercise his power or right
  5. Writ of Certoria – The term Certoria is a Latin term which means “To be Informed”. This writ is issued when court order a lower court or another authority to transfer a case to higher authority or higher court.

The Judiciary play a very important role for the protection of fundemental rights or human rights. Judiciary has also taken great steps such as relaxing rules of ‘locus standi’ and now any other person in place of the ones affected can approach Court. The apex court has interpreted the Fundamental Rights available to a citizen and now rights like right to privacy, right to clear environment, right to free legal aid, right to fair trail etc. also find place in the Fundamental Rights.

Case – Kesavananda BHarti vs. State of Kerela 

The kesavananda Bharti Judgment is a landmark decision of Supreme Court of India  which describe the “Basic structure Doctrine” of  constitution. The Supreme court held that no part of the constitution  including Fundamental rights was beyond the amending power of parliament and basic structure of constitution cannot changed by even by constitutional amendment.

CONCLUSION

Human Right is a backbone of constitution and a very old phenomenon or integral part of Human being. India has made a efforts for protection and promotion of fundamental rights.

Supreme court, High Court played a very important role for protection and safeguard of human rights in India. Judiciary provide justice for whom whose fundamental rights or human rights are being violated by the interpretation of laws.

TRAPTI PAREEK

@LEXCLIQ

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