HUMAN RIGHTS AND JUDICIAL ACTIVISM IN INDIA

Abstract

Human Rights are those rights that are inherent in our nature and without which we cannot exist as humans. This paper attempts to analyse the role of Writs and Judicial Activism in the protection of Human Rights in India, as well as to analyse key Landmark Judgements issued by the Supreme Court. The Supreme Court of India was critical in protecting human rights and granting redress through Writs. Individual and state rights are frequently safeguarded in the existing state system in order to establish Rule of Law. When human rights are violated, it is the judiciary that plays a positive role in interpreting the rights and thus guiding or checking the state accordingly. The concept of judicial activism is fluid, allowing an Egalitarian society to become a reality. In some ways, judicial activism has been imposed on the judiciary by an insensitive and irresponsible administration that disregards the interests of the people. As a result, the judiciary should exercise restraint and develop a code of ethics for judges while engaging in Judicial Activism, and should only use it as a last resort. Human rights are those that are inalienable to us as beings of humanity and without which we are unable to function as such. Because we are all human, there are claims that are made. Human rights in the Indian Constitution are discussed in the paper. The goal of the essay is to analyse how the Indian judiciary and judicial activism contribute to the protection of rights in that country. India has made a substantial contribution to the protection of rights since gaining its independence. Although India's constitution does not have a detailed Bill of Rights, efforts have been made to make them realities. The Indian judiciary was essential in making these rights a reality.