AUTHOR’S NAME : Divya Badrinath Bholwankar
UNIVERSITY – Sant Gadge Baba Amravati University
INTRODUCTION
The Indian Judiciary plays a pivotal role in upholding the principles of social justice and human rights, ensuring that every citizen is treated equitably and with dignity. Rooted in the Constitution of India, the judiciary acts as the guardian of individual freedoms, striving to create a society that is just, inclusive, and respectful of human rights.
CONSTITUTIONAL MANDATE
The foundation for the role of the Indian Judiciary in promoting social justice and human rights is laid in the Constitution of India. The Preamble itself reflects the commitment to securing justice, liberty, equality, and fraternity for all citizens. Articles 14 to 32 enshrine fundamental rights, ensuring equality before the law, protection against discrimination, and the right to life and personal liberty.
PUBLIC INTEREST LITIGATION (PIL)
The judiciary’s proactive stance in promoting social justice and human rights is exemplified by the evolution of Public Interest Litigation (PIL). Recognizing that justice should not be restricted to adversarial litigation, the Supreme Court of India, through various landmark judgments, expanded the scope of litigation to include matters of public interest. PIL enables citizens or NGOs to approach the court on behalf of those whose rights are violated but may not have the means to seek legal redressal.
RIGHT TO EQUALITY AND ANTI-DISCRIMINATION
Article 14 of the Constitution ensures the right to equality before the law. The judiciary has played a crucial role in interpreting and reinforcing this right to eliminate discrimination based on caste, gender, religion, or socio-economic status.
In the case of KesavanandaBharati v. State of Kerala (1973), the Supreme Court asserted that equality is a part of the basic structure of the Constitution. Subsequent judgments have expanded the interpretation of equality, addressing issues like affirmative action for marginalized communities and reservations in educational institutions and government jobs.
RIGHT TO LIFE AND PERSONAL LIBERTY
Article 21 guarantees the right to life and personal liberty, emphasizing that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This expansive right has been interpreted to encompass a broad spectrum of human rights, including the right to live with dignity, the right to privacy, and protection from torture and cruel, inhuman, or degrading treatment. Landmark cases like Maneka Gandhi v. Union of India (1978) expanded the scope of Article 21, emphasizing that the procedure established by law must be fair and just. This decision underscored the judiciary’s commitment to protecting the rights and freedoms inherent in the right to life and personal liberty.
RIGHT TO EDUCATION
Recognizing education as a fundamental right, the judiciary has played a significant role in ensuring the realization of the right to education. The 86th Amendment to the Constitution in 2002 inserted Article 21-A, making education a fundamental right for children aged 6 to 14 years. The judiciary has been actively involved in monitoring the implementation of this right and addressing issues such as school infrastructure, quality of education, and accessibility. Cases like Mohini Jain v. State of Karnataka (1992) and Unni Krishnan, J.P. v. State of Andhra Pradesh (1993) affirmed the importance of education as a fundamental right and set the stage for judicial activism in the realm of educational rights.
PROTECTION OF WOMEN’S RIGHTS
The judiciary has been a staunch defender of women’s rights, addressing issues related to gender-based discrimination, domestic violence, and sexual harassment. Landmark judgments such as Vishakha v. State of Rajasthan (1997) laid down guidelines to prevent sexual harassment in the workplace, while others like ShayaraBano v. Union of India (2017) addressed the constitutional validity of triple talaq, asserting the rights and dignity of Muslim women.
RIGHT TO INFORMATION
Ensuring transparency and accountability, the judiciary has played a crucial role in promoting the right to information. In 2005, the Right to Information Act was enacted, providing citizens with the means to access information from public authorities. The judiciary has consistently upheld the right to information as essential for a functioning democracy, enabling citizens to make informed decisions and holding the government accountable.
ENVIRONMENTAL RIGHTS
Recognizing the importance of a clean and healthy environment, the judiciary has been instrumental in protecting environmental rights. In cases like M.C. Mehta v. Union of India (1986), the courts have issued directives to industries contributing to environmental degradation and laid down principles of ‘polluter pays’ and sustainable development.
CHALLENGES AND THE WAY FORWARD
While the judiciary has made significant strides in promoting social justice and human rights, challenges persist. Backlogs in the judicial system, delays in justice delivery, and the need for continuous judicial reforms are areas that require attention. Additionally, ensuring effective implementation of judicial decisions at the grassroots level remains a challenge. A holistic approach involving all stakeholders, including the executive and legislative branches of government, civil society, and the judiciary, is essential. Strengthening legal aid mechanisms, enhancing judicial infrastructure, and embracing technology for expedited case disposal are crucial steps in addressing these challenges.
CONCLUSION
In essence, the Indian Judiciary serves as the custodian of the Constitution and the guardian of the people’s rights. Through a dynamic interpretation of constitutional provisions and landmark judgments, the judiciary has played a transformative role in promoting social justice and human rights. By addressing issues of discrimination, ensuring fundamental rights, and expanding the scope of justice through PIL, the Indian Judiciary has contributed significantly to fostering a society that values equality, justice, and dignity for all. As we reflect on its past achievements, it remains crucial to continue striving for a more inclusive and just future.