Promotion And Protection Of Human Rights: A Study With Special Reference To The Role Of The Supreme Court Of India
- IJLLR Journal
- Jul 20
- 2 min read
Shailendra Kumar, Research Scholar, Major S.D. Singh University, Fatehgarh, Farrukhabad
ABSTRACT
The promotion and protection of human rights are fundamental to the sustenance of a democratic polity. In India, where socio-economic disparities, communal tensions, caste- based discrimination, gender inequality, and custodial violence pose persistent challenges, the role of the judiciary becomes critically significant. This research explores the proactive and dynamic role played by the Supreme Court of India in safeguarding and promoting human rights, particularly through its innovative interpretations and expansive approach to constitutional provisions.
The study begins by tracing the historical development of human rights in the Indian legal and constitutional context, rooted in the Preamble, Fundamental Rights (Part III), and Directive Principles of State Policy (Part IV) of the Indian Constitution. It analyzes the Supreme Court‟s evolving jurisprudence on human rights, especially since the post- Emergency era, which witnessed a paradigm shift from a strict legalistic approach to a more purposive and liberal interpretation aimed at delivering substantive justice.
Central to this analysis is the emergence of Public Interest Litigation (PIL), which revolutionized access to justice and enabled the court to become a vanguard of the rights of the marginalized, voiceless, and disadvantaged sections of society. The study critically examines landmark judgments where the Supreme Court expanded the scope of Article 21— the right to life and personal liberty—to include a wide array of human rights such as the right to livelihood, shelter, health, education, a clean environment, and protection against torture and custodial violence.
The research also evaluates the role of the Supreme Court in addressing issues like bonded labor, child labor, custodial deaths, women‟s rights, LGBTQ+ rights, and the rights of prisoners and undertrials. It further explores how the Court has balanced individual rights with concerns of national security and public order, particularly in cases involving preventive detention and counter-terrorism laws.
While the Supreme Court has undoubtedly played a transformative role, the study does not shy away from highlighting certain limitations and criticisms. These include judicial overreach, inconsistency in judgments, delays in enforcement, and at times, the failure to adequately address state impunity. The research also reflects upon the interplay between the judiciary and other institutions—executive, legislature, and human rights commissions—in the overall framework of human rights protection.
Methodologically, the study is doctrinal in nature and relies on a critical analysis of constitutional provisions, case laws, legal commentaries, and reports of national and international human rights bodies.
In conclusion, the research underscores the Supreme Court of India as a pivotal institution in promoting and protecting human rights, acting not merely as an interpreter of law but as a guardian of constitutional morality and human dignity. However, it calls for greater consistency, sensitivity, and accountability in its approach to ensure that justice is not only done but also seen to be done, especially for the most vulnerable sections of society.
Keywords: human rights, judiciary, protection, judicial activism, judicial review
