HUMAN RIGHTS IN INDIA: ROLE OF JUDICIARY AND JUDICIAL ACTIVISM

Abstract

This research paper explores the intricate relationship between human rights and the judiciary in the context of India, with a particular emphasis on the proactive role of judicial activism. As a diverse and populous democracy, India faces numerous challenges in safeguarding and promoting human rights. The judiciary, primarily the Supreme Court and High Courts, plays a pivotal role in interpreting and protecting these rights enshrined in the Constitution. The paper delves into the historical evolution of human rights jurisprudence in India, tracing its roots from the Constitution of India and subsequent amendments. It critically analyzes landmark cases that have shaped the trajectory of human rights protection, examining the judiciary's interpretative role in expanding the scope and applicability of fundamental rights. Special attention is given to the concept of judicial activism, exploring how the judiciary, through innovative interpretation and intervention, has gone beyond traditional adjudication to actively address human rights violations. The paper discusses instances where the judiciary has played a proactive role in ensuring justice, equity, and fairness, particularly in cases related to social justice, environmental protection, and protection of vulnerable populations.