Dr. Vipin Kumar & Mohammad Tariq
ABSTRACT
The Indian judiciary adopted a liberal and goal-oriented jurisprudence in the late 1970s to rescue the poor and oppressed from age-old exploitation and oppression by the affluent and powerful through the Public Interest Litigation (PIL) mechanism. Public Interest Litigation is a tool that needs to be used with diligence and care. This is the outcome of judicial activism, and it has been viewed as a tool for delivering justice to the doorsteps of the poor and the less fortunate. It was created as a reaction to the widespread issue of exploitation and injustice meted out to the weaker members of society in India and many other Third World nations. Thus, the Indian Supreme Court created the Public Interest Litigation principle, which allows civic-minded individuals or organizations to petition the court to stop the violation of the human rights of underrepresented groups. Public interest litigation has pushed for the fulfilment of statutory and constitutional commitments to the underprivileged and weaker sections of society. The goal of this research paper is to examine how the Indian judiciary has used public interest litigation as a tool to instil a human rights framework among detainees.
Keywords: Detainees, Fundamental Rights, Human Rights Jurisprudence, Public Interest Litigation, Under-trial Prisoners
