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Role of Indian judiciary in protection of human rights
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Content 1. Introduction 2. Role of Indian Judiciary
2.1 Working Area of Indian Judiciary 3. Catalyst tools of Indian Judiciary 4. Survey Report 5. Challenges 6. Conclusion 7. Suggestions
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Introduction What is Human Right?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Indian Judiciary ? The Indian Judiciary administers a common law system of legal jurisdiction, in which customs, precedents and legislation, all codify the law of the land. It has in fact, inherited the legacy of the legal system established by the then colonial powers and the princely states since the mid- 19th century, and has partly retained characteristics of practices from the ancient and medieval times.
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Indian Judiciary : A vehicle for development & protection of human rights
They endeavor together and independently to maintain the human privileges of the general population in the nation. The Judiciary with no uncertainty has assumed an essential part in security of Human rights throughout the decades. The absolute most obnoxious infringement of human rights like Sati, Child Marriage, Honor Killings, Slavery, Child work and so forth., have been annulled entirely inferable from broad mindfulness and strict execution measures taken by the Judiciary. The Supreme Court of India has for the situation announced that it has an extraordinary duty, to extend the range and significance of the key rights and to propel the Human Right statute. The question of the Human Rights Jurisprudence is to acculturate state organizations and to make state responsible to the utilization of energy just for open great. In Coke, C.J. in Bonham's Case held that the aggregate end of the constitution of government is the advancement of a decent personal satisfaction and it is the part of the Judiciary to guarantee this end. The development of human rights can be reflected in the legal tends of the state.
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Working area 1. Criminal Justice System
A. Protection in Investigation, B. Protection in Trial, C. Protection in serving sentence 2. Development in Environmental Laws 3. Guardian of Indian Constitution A. Article 32, B. Article 226 4. Protection of vulnerable section of society A. Child Welfare, B. Handicapped/ People with Disabilities, C. Women, D. Indigent Persons
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CRIMINAL JUSTICE SYSTEM
Protection in Investigation: - Arrest is regarded as the first step in the criminal justice system and there are numerous guidelines issued by the apex court which has to be followed before and after arresting a person. For e.g. guidelines issued by the apex court in D.K.Basu’s case was the benchmark in the history of human rights he decision of the Supreme Court in the case of D.K. Basu is noteworthy. While dealing the case, the court specifically concentrated on the problem of custodial torture and issued a number of directions to eradicate this evil, for better protection and promotion of Human Rights. In the instant case the Supreme Court found custodial torture “a naked violation of human dignity” and ruled that law does not permit the use of third degree methods or torture on an accused person since “actions of the State must be right, just and fair, torture for extracting any kind of confession would neither be right nor just nor fair”. Protection in Trial :- There are two basic things which is needed to be protected while the trial is going on i.e. liberty of a person as well as speedy trial. Bail is the rule, jail is an exception is the well settle rule in criminal justice system. A person should be release on bail during the trial if he agrees to furnish the security. Secondly, Indian judicial system is based on adversarial system which laid down the principle of best evidences, and for presentation of the evidences an accused needs a lawyer. Thus, keeping this in mind apex court laid down that right to free legal aid at the cost to the state to an accused who could not afford legal services for reason of poverty, indigence or incommunicado situation was part of fair, just and reasonable procedures implicit in Article 21.thirdly, Justice delayed is justice denied is the well settle principle in the legal jurisprudence. Hence, it is important to dispose off the case as early as possible with due care. Further, Apex court in Hussainara Khatoon v. Home secretary case held that “Obviously procedure prescribed by law for depriving a person of his liberty cannot be reasonable, fair, or just unless that procedure ensures a speedy trial for determination of the guilty of such person.
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Protection in serving sentence: -
Prison is the last and foremost important part of the criminal justice system. It has the responsibility to rehabilitate the convict person to make him a better citizen for the society. Unfortunately, Indian history has witnesses the cases related to violation of human rights in jails. The apex court in several cases has taken a serious note of the inhuman treatment on prisoners and has issued appropriate directions to the concerned authorities for safeguarding the rights of the prisoners. The Court observed that “the treatment of a human being which offends human dignity, imposes avoidable torture and reduces the man to the level of a beast would certainly be arbitrary and can be questioned under Article 14.
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Development in Environmental Laws
Environment and life are interrelated. Our lives rely upon common assets, for example, air, water, and land. Ecological annihilation debilitates survival; on the other hand, human rights infringement can cause natural corruption, for example, war can prompt loss of access to clean water. In this manner, the nature of the condition is verifiably identified with our satisfaction in the privilege to live. As a result of this interrelationship, natural and human rights advocates have pushed for the augmentation of the privilege to address ecological mischief. Constitutions of all countries ensure the privilege of life. As of late, national courts of a few nations have utilized the right-to-life arrangement as a lawful device to ensure the earth by rethinking the extension and importance of the arrangement. Indian courts have made the best commitment on this issue. The scope of Article 21 of the Indian Constitution has expended tremendously. As many aspects of life is now cover under the umbrella of this article. Apart from expanding the content of the right to life as including the right to water, the court has, in the context of water pollution, mandated the cleaning up of water sources including rivers in M.C. Mehta v. Union of India, and even tanks and wells as held in Hinch Lal Tiwari v. Kamala Devi. Therefore, Indian judiciary has ensured the concept of healthy life and raise the standard of living in terms of getting healthy environment
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Guardian of Indian Constitution
The Constitution of India is the incomparable rule that everyone must follow and the Supreme Court is its mediator and gatekeeper. It doesn't enable the official or the Parliament to abuse any arrangement of the Constitution. It can likewise audit any activity of the Government, which supposedly damages any arrangement of the Fundamental Rights. This energy of the Supreme Court is called Judicial Review about which we might examine later. In the event that it finds the infringement of any arrangement of the Constitution, it might proclaim the concerned law as ultra-vires, or invalid and void. It is based on this energy of Judicial Review of the Supreme Court that it is called gatekeeper of the Constitution. It is additionally called 'a champion of freedoms' and 'a guard dog of popular government' The privilege to move to the Supreme Court to implement Fundamental Rights is itself a Fundamental Right under Article 32 of the Constitution of India. Under Article 226 of the Constitution of India, the High Courts have simultaneous ward with the Supreme Court in the issue conceding alleviation in instances of infringement of the Fundamental Rights, however the High Courts practice purview in the event of some other rights too.
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Protection of vulnerable section of society
Child Welfare: - Indian Judiciary has recognized the rights to the children in our country by using the weapon on judicial activism. A mere complaint letter is also treated as a writ petition in the court. The Indian judiciary also gifted protection not to get employed in the factories which is hazardous in nature which protect them from the evil outcome. Handicapped should be job opportunities Although some people are handicapped by the birth but it is not necessary that they don’t have any capabilities and potential to work or to engage with any government job. Handicapped person are also human and they also have the human right to get the job opportunities. The Supreme Court permits the person which are visually handicapped to sit and write the civil services examination (UPSC) in the categories of group A & group B post which are suitable for the handicapped in “Brialle Script” National Federation of blind v. UPSC
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Women at Workplace: - A new guideline for rehabilitation and compensation has been set up by Supreme Court for the protection of proper justice for women’s . Another role of Indian judiciary is recorded when new guidelines was formed for preparing sexual harassment of working women in working place. Indian judiciary has played a vital role for the protection of the rights of the women also it promotes Human Rights. Indigent Persons: - India is the country in which the major section of the population is still living under BPL. Thus, its become very important to protect their rights. Directive principal of state policy although not enforceable by the court, still have the binding effect on the government due to the various judgment of the apex court. for example, Free legal aid, right to get free education, right to get equal opportunity in employment.
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Catalyst tools of Indian judiciary
The functioning of judiciary reveals that it has exercised its powers in the most creative manner and devised new strategies as well as tools to ensure the protection of Human Rights. The said tools are as follows: - 1. Public Interest Litigation 2. Judicial Review 3. Judicial Activism 4. Writs under Article 32 and 226 5. Concept of Speedy trial
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Challenges : A road ahead
The tradition judiciary activity to limit its actions on deciding disputes between two parties, as many judgments are there where judiciary haven’t contributed on the social order but only on solving the dispute of two parties. Limited guidance on writing judgments in civil and criminal matters which are provided in codes of civil and criminal procedure respectively, are not followed accordingly. Supreme court let down the further guidelines for writing judgments, such as avoiding overuse of citations, excessive rhetoric or mention of unrelated matters Imbalanced ratio of judges with the population is one of the major drawbacks for delivering the justice on time in a proper way. Expensive legal procedure is also a challenge for courts as the country like India more of the violation of human rights is of poor and backward classes. Inadequate legal aid system is a challenge for each and every member related to the Indian judiciary as the violation of human rights can be overcome by the way of justice only.
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Conclusion As per our observation relating to protection of human rights, the part of judiciary system requires to the reformed successive cries of the persons who matter in the affairs of judiciary or remedial measures have fallen on deaf ears. The organizations like NHRC, SHRC need to be given more power, an independent, effective investigation agency with sufficient personal under their commands is required to be effectively in the matter of some serious violations. From the scrutiny of the above commitment, it is apparent that the Indian Judiciary has been exceptionally touchy and alive to the security of the Human Rights of the general population. It has, through legal activism and public interest litigation manufactured new devices and formulated new solutions for the reason for vindicating the most valuable of the valuable Human Right to Life and Personal Liberty. Therefore, Indian Judiciary proved to be an effective pillar in protection of Human Rights.
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Suggestions 1. The judiciary must not limit its activity to the traditional role of deciding dispute between two parties, but must also contribute to the progress of the nation and creation of a social order. 2. NGOs and other civil society organizations should be partnered as much as possible in developing and delivering Legal aid projects. 3. Courts should provide fast judgments to the needy ones, as justice delay is justice denied and getting justice is a basic human right of each and every citizen. 4. Government while exercising there power given under Protection of Human Rights Act, 1993 should establish Human Rights Courts to provide justice in the cases of Human Rights violation.
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THANK YOU
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