A Critical Examination Of Human Rights Protection Within Law Enforcement Agencies And The Judiciary
- IJLLR Journal
- Dec 18, 2025
- 2 min read
Updated: Dec 29, 2025
Advocate Rao Gajender Singh
Dr. Anjali Sherawat, Associate Professor, School of Law, Sushant University, Gurugram
Advocate Sapna Rao
Dr. Himadri day, Associate Professor, Department of Planning, Art & Research, School of Art & Architecture, Sushant University
ABSTRACT
Human rights are the natural and the fundamental rights that are entitlements of each and every individual since they are human beings. Like air, water and food are fundamental in the survival of the human body, human rights are basic in provision of dignity, equality, and liberty. In India, the rights are entrenched in the Constitution, more so in Part III, which entitles the Fundamental Rights to all citizens regardless of caste, creed, gender or religion. The concept of human rights in India has changed over time, to encompass more than the right to survive, another right involves civil, political, social and economic rights and a restatement on the part of the State on the need to safeguard the dignity of its citizens. The law enforcing agencies, most notably the police that is regarded to be the chief guardian in terms of enforcing law and order, is the first line of defence whenever human rights have been infringed and the obligation to create law and order in the society and the rights of the citizens is at stake. In addition to this, the judiciary acts as the final protector of these rights, by interpreting the constitutional provisions, executing the actions of the executive and legislative branches. and balance between either with guaranteeing justice in violation instances. Indian courts have enhanced the human rights in the country through the progressive judgments in which the meaning and scope of fundamental rights has been greatly enlarged. Custodial violence, abuse of power, and failure to deliver justice on time, however, are still serious challenges. A concerted effort between the law enforcement organizations and the judiciary with political clout over both of the agencies would therefore be essential in the realization of effective implementation and safeguarding of human rights in reality.
This paper aims at analysing the dynamic nature of the human rights concept in India, assessing the role of law enforcement agencies, legislature and the judiciary in safeguarding human rights and the challenges involved in the implementation, the role of politics and proposing how the institutional coordination and accountability can be improved. The adopted methodology is descriptive and analytical and is founded on the secondary data based on the constitutional provisions, statutory laws, judicial pronouncement, reports of the National and State Human Rights Commissions, and other relevant academic literature. The research topic is mainly centered on India in relation to the international standards of human rights like the Universal Declaration of Human Rights (UDHR) and other applicable covenants of the United Nations.
Keywords: Human Rights, Law Enforcement, Judiciary, Constitution of India, Fundamental Rights, Justice, Police Accountability, Human Rights Protection, Rule of Law.
