Human Rights in India - An Overview
CHANAKYA NATIONAL LAW UNIVERSITY, PATNA
HUMAN RIGHTS Project on:-
Submitted To: Dr. Vimal Submitted By: Abhishek Kumar Roll No.
X, 5 Year.
ACKNOWLEDGEMENT The present project on the Human rights in India - An Overview has been able to get its final “
shape with the support and help of people from various quarters. My sincere thanks go to all the members without whom the study could not have come to its present state. I am proud to acknowledge gratitude to the individuals who helped me during my study and without whom the study may not be completed. With immense pleasure, I express my deepest sense of gratitude to Dr. Vimal, Faculty for Human Rights Law, Chanakya National Law University for helping me in my project. I am also thankful to the whole Chanakya National Law University family that provided me all the material I required for the project. Not to forget thanking to my parents without the co-operation of which completion of this project would not had been possible. I have made every effort to acknowledge credits, but I apologies in advance for any omission that may have inadvertently taken place. Last but not least I would like to thank Almighty whose blessing helped me to complete the project.
The researcher has adopted a purely doctrinal method of research. The researcher has made extensive use of the library at the Chanakya National Law University and also the internet sources.
The aim of the project is to present an overview of the terms Human Rights in India - An Overview “
through different writings and articles
The following secondary sources of data have been used in the project1. Books 2. Websites
The method of writing followed in the course of this research paper is primarily analytical.
CONTENTS ACKNOWLEDGEMENT RESEARCH METHODOLOGY
HISTORICAL DEVELOPMENT OF HUMAN RIGHTS
HUMAN RIGHTS AND THE INDIAN CONSTITUTION
FUNDAMENTAL RIGHTS AND HUMAN RIGHTS
DIRECTIVE PRINCIPLES OF STATE POLICY
INDIAN LAWS REGARDING HUMAN RIGHTS IN INDIA
INTRODUCTION What are human rights? In order to live with dignity certain basic rights and freedoms are necessary, which all Human beings are entitled to, these basic rights are called Human Rights. Human rights demand recognition and respect for the inherent dignity to ensure that everyone is protected against abuses which undermine their dignity, and give the opportunities they need to realize their full potential, free from discrimination.
Human rights include civil and political rights, such as: # The right to freedom of expression # The right to freedom of religion or conscience # The right to property # The right to freedom of assembly # The right to privacy # The right to vote.
Human rights also cover economic and social rights, such as: # The right to an adequate standard of living # The right to adequate food, housing, water and sanitation # The rights you have at work # The right to education.1
http://www.legalservicesindia.com/law-india/Human-Rights-law-in-India.htm as visited on 8th May, 16.
Human rights belong to everyone, everywhere, regardless of nationality, sexuality, gender, race, religion or age. The foundation of modern human rights is the Universal Declaration of Human Rights (UDHR). The 30 articles of the Declaration were adopted in 1948 by the United Nations General Assembly, and over time these have been integrated into national laws and international treaties. The core values of the UDHR - human dignity, fairness, equality, non-discrimination apply to everyone, everywhere. The concept of human rights has its origin in humanism which recognizes the value and dignity of man and makes him the measure of all things or somehow takes human nature, its limits or its interests as its theme. Human rights are universal moral rights. They belong to all human beings and they are not earned, bought or inherited, but are inherent in human dignity. The term Human Right covers in its ambit those essential rights defined or undefined which lead and contribute to the balanced development of Human Individual. The concept of Human Rights represents an attempt to protect the individual from oppression and injustice. They provide a human standard of achievement for all the people and all the nations. Therefore, these rights are by nature independent, inalienable and inviolable and hence universal.(Abdul Rahim, 1990.) Human rights are available to all irrespective of race, colour, sex, language, religion, birth or any status. In other words, they are universally applicable to all persons. They are not specifically designed for the East or West, Hindu or Christian, Sikh or Muslim; it is for all persons. It may be noted that the concept of human rights in a multi ethnic, multi religious and diversified society has a special significance because the instances and occasions for violation and suppression of human rights are numerous due to needs of security, unity and integrity and of law and order.2
HISTORICAL DEVELOPMENT OF HUMAN RIGHTS The history of India in relation to human rights began with Raja Ram Mohan Roy, a great visionary; who led India or rather transformed India from feudalism to modernity. He brought in modern thoughts and ideas and made critical inquiries into Hinduism through sources like the Vedas, Upanishads. Rituals like Sati and Child Marriage, which existed since time immemorial and patronized, and violence against women in the name of religion were discouraged and done away with. He advocated for equal rights of women including widow remarriage and women's right to property. He also advocated for civil liberties and freedom of press, which ultimately led him to fight the press regulations imposed by the British from time to time. (M.C.Mehta, 2001) His work was carried forward by a great social reformer, Ishwar Chnadra Vidyasagar from Bengal in the 19th century who was an ardent activist for women's rights and played a leading role in promoting education of girls. Besides, human rights being promoted by various other activists like Mahadev Govinda Ranade, Mahatma Jotiba Phule, Swami Dayanan Saraswati and Swami Vivekananda and Sri Narayana Guru, the modern concept of human rights came into limelight in the 20th century when the Indian National Congress under the leadership of Mahatma Gandhi took up a mass movement and social reforms for the preservation of and promotion of human rights in the freedom struggle for India's independence. The movement led by Mahatma Gandhi took up issues like abolition of untouchability, right of Harijans to enter temples, etc., which are even today regarded as milestones in the protection, promotion and preservation of human rights in India. The tasks undertaken by Raja Ram Mohan Roy and subsequently by other activists gave rise to enactment of the Sati (Prevention) Act, 1987 under which glorification of Sati is strictly prohibited and that act has b een declared to be an offence. Human rights are the rights a person has simply because he or she is a human being. Human rights are held by all persons equally, universally, and forever. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Kant said that human beings have an intrinsic value absent in inanimate objects. To violate a human right would therefore be a failure to recognize the worth of human life.
Human right is a concept that has been constantly evolving throughout human history. They have been intricately tied to the laws, customs and religions throughout the ages.3 The Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran), and the Analects of Confucius are five of the oldest written sources which address questions of people’s duties, rights, and responsibilities. Human rights are fundamental to the stability and development of countries all around the world. Great emphasis has been placed on international conventions and their implementation in order to ensure adherence to a universal standard of acceptability. With the advent of globalization and the introduction of new technology, these principles gain importance not only in protecting human beings from the ill-effects of change but also in ensuring that all are allowed a share of the benefits. The impact of several changes in the world today on human rights has been both negative and positive. In particular, the risks posed by advancements in science and technology may severely hinder the implementation of human rights if not handled carefully. In the field of biotechnology and medicine especially there is strong need for human rights to be absorbed into ethical codes and for all professionals to ensure that basic human dignity is protected under all circumstances. For instance, with the possibility of transplanting organs from both the living and dead, a number of issues arise such as consent to donation, the definition of death to prevent premature harvesting, an equal chance at transplantation etc. Genetic engineering also brings with it the dangers of gene mutation and all the problems associated with cloning. In order to deal with these issues, the Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application and Medicine puts the welfare of the human being above society or science.
http://lex-warrier.in/2010/08/human-rights-under-indian-constitution/ as visited on 8 May, 16.
HUMAN RIGHTS AND THE INDIAN CONSTITUTION The Indian Constitution as a matter of pride provides for comprehensive framework to safeguard human rights giving special emphasis more on the rights of religious, cultural and linguistic minorities. The judiciary has been vested with special responsibility to protect human rights and the Supreme Court as a sacred trust has accepted the protection of minorities. The genesis of human rights is the Utopian concept of natural rights traceable from the days of the Greeks or even earlier. Human rights are generally, defined as those rights which are inherent in our nature without which we cannot live as human beings. All civilised countries must recognise them. It is the legal duty of the Nation to protect them and also respect them.
For the first time in the history, the representatives of most Governments on earth have agreed that certain rights belong not to any one nation or group but to every human being as a human being. Human rights basically, mean the rights to be human.
The Universal Declaration of Human Rights was adopted by the General Assembly of United Nations on loth December, 1948. It is a unique landmark in the human rights development.
The relevant Articles in the Universal Declaration of Human Rights, 1948 are as under: Article 3: Everyone has the right to life, liberty and the security of person. Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 9: No one shall be subjected to arbitrary arrest, detention or exile.
Article 11: Everyone charged with a penal offence has a right to be presumed innocent until proved guilty according to law in the public trial at which he has had all the guarantee necessary for his defence.4 The Constitution of Independent India came into force on 26th January, 1950. The part III and IV of the Constitution deal with the fundamental rights and directive principles of State policy respectively. Most of the human rights declared 'as such by the United Nations are incorporated in the Constitution of India either as fundamental rights or in the form of directive principles. Human rights are inherent in all human beings and find expressions in Constitution. In most of the democratic societies, fundamental human rights and freedoms are more mere paper aspirations. The challenge of violation of human rights faces the mankind in its stark nakedness. The challenge is Universal and the issue is basic. Article 21 of the Constitution of India guarantees rights to life and personal liberty. The Article runs as under: "No person shall be deprived of his life or personal liberty except according to the procedure established by law." Article 21 of the Constitution of India which guarantees right to life and personal liberty will be denuded of its significant content unless the violation of human rights can reasonably, be prevented in a country governed by the rule of law. Rule of law sustains democracy, but it would be under a serious threat of erosion if scant respect is shown for human rights.
The expression 'life' does not mean mere animal existence, and it means life with dignity. Right to life guaranteed under Article 21 of the Constitution has certain positive aspects and is enforceable as such subject to well-organised limitation apart from an obligation of the state not to deprive a person of his life or personal liberty except in accordance with valid law.
http://lex-warrier.in/2010/08/human-rights-under-indian-constitution/ as visited on 8 May, 16.
It is heartening to note that the Supreme Court has now, widened the scope of Article 21, though earlier in A.K. Gopalan V. State of Madras, the Supreme Court took a very narrow and restrictive interpretation of Article 21 of the Constitution.
In this case, it was held that the expression "procedure established by law" must mean procedure enacted by the law made by the state and the word "law" in Article 21 of the Constitution of India is thus, to be understood as State-made law and not natural justice on the analogy of due process of law as interpreted by the American Supreme Court.
In this case, the majority of the Supreme Court flatly denied the possibility of admitting into Article 21 any ingredient of American "due process" for even of the 'reasonableness' concept from Article 19 of the Indian Constitution itself to arrive at the proposition that whatever was laid down by the legislature in a penal law would satisfy Article 21 and that the court could not intervene even where the procedure laid down was arbitrary or "harsh, unreasonable, archaic or odious".
The law has not remained static, since then as indeed, it could not remain static. It is in the process of being developed and expanded and that is being done through judiciary's creative process. The judgments delivered by the Supreme Court between 1950 and 1970 were mainly on the language of the Constitution and the requirement of the particular case before the court, but laid down sound foundation for the development of law. Twenty eight years after the judgment in Gopalan's case, the Supreme Court in Maneka Gandhi's case (AIR 1978 SC 579) pronounced a landmark judgment over ruling Gopalan's case that the procedure established by law within the meaning of Article 21 must be right, just and fair and not fanciful, arbitrary or oppressive. 5
It must satisfy the test of reasonableness and the principles of natural justice and unless it was so it would be no procedure at all and the requirement of Article 21 would not be satisfied.
The procedure to be fair and just must embody the principles of natural justice. Natural justice is intended to invest law with fairness and to secure justice, the court said, "law should be reasonable law, and not enacted piece of law". In Madhar Hoskot's case (AIR 1978 SC 1548) also, the Supreme Court delivered a remarkable judgment that free legal service to the poor and needy people was also an e ssential element of the "reasonable, fair and just procedure". It was felt not enough that the law prescribed some semblance of procedure for depriving a person of his life and liberty, that the procedure prescribed by law to be reasonable, fair and just. In Sunil Batra V. Delhi Administration Case (AIR 1980 SC 1579), Justice Krishna ,her said that though our Constitution did not have a "due process" clause as in the American Constitution, the same consequence ensured after the decisions of Maneka Gandhi's case. Now, the expression, "procedure established by law" in Article 21 of our Constitution has the meaning similar to that of the American "due process of law". In USA, the Supreme Court has, under the cover of "due process" clause in the 5th & 14th Amendments to the Constitution possessed the power to declare any legislation or executive action null and void, if the same is found to be inconsistent with the provisions of the Constitution. The purpose of the inclusion of "due process" clause is to protect and preserve the rights of all citizens of America by the Supreme Court against infringement by the legislature and other authorities.6
By accepting the concept of natural justice as one of the essential components of law, it is submitted that the court has imported the American concept of 'Due process of law' into the Indian Constitution.
http://azgaralimd.blogspot.in/2012/12/fundamental-or-human-rights-and-indian.html as visited on 8th May, 16.
FUNDAMENTAL RIGHTS AND HUMAN RIGHTS
The Fundamental rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, color or Gender. They are enforceable by the courts, subject to certain restrictions The six fundamental rights recognized by the constitution are.
1. RIGHT TO EQUALITY
Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation of all other rights and liberties, and guarantees the following: •
Equality before law: Article 14 of the constitution guarantees that all citizens shall be
equally protected by the laws of the country. It means that the State cannot discriminate any of the Indian citizens on the basis of their caste, creed, colour, sex, gender, religion or place of birth. •
Social equality and equal access to public areas: Article 15 of the constitution states that no
person shall be discriminated on the basis of caste, colour, language etc. Every person shall have equal access to public places like public parks, museums, wells, bathing ghats and temples etc. •
Equality in matters of public employment: Article 16 of the constitution lays down that the
State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. There are some exceptions.7 •
Abolition of untouchability: Article 17 of the constitution abolishes the practice of
untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law
http://www.constitution.org/cons/india/p03.html as visited on 8th May, 16.
Abolition of Titles: Article 18 of the constitution prohibits the State from conferring any
titles. Citizens of India cannot accept titles from a foreign State. However, Military and academic distinctions can be conferred on the citizens of India. The awards of Bharat Ratna and Padma Vibhushan cannot be used by the recipient as a title.
2) RIGHT TO FREEDOM
The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the following six freedoms: • Freedom of speech and expression, which enable an individual to participate in public
activities.. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality. • Freedom to assemble peacefully without arms, on which the State can impose reasonable
restrictions in the interest of public order and the sovereignt y and integrity of India. • Freedom to form associations or unions on which the State can impose reasonable restrictions
on this freedom in the interest of public order, morality and the sovereignty and integrity of India. • Freedom to move freely throughout the territory of India though reasonable restrictions can be
imposed on this right in the interest of the general public • Freedom to reside and settle in any part of the territory of India which is also subject to
reasonable restrictions by the State in the interest of the general public or for the protection of the scheduled tribes.8 • Freedom to practice any profession or to carry on any occupation, trade or business on which
the State may impose reasonable restrictions in the interest of the g eneral public 8
The constitution guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced: Protection with respect to conviction for offences is guaranteed in the right to life and personal liberty. According to Article 20, No one can be awarded punishment which is more than what the law of the land prescribes at that time. Moreover, no person accused of any offence shall be compelled to be a witness against himself. The other principle enshrined in this article is no person can be convicted twice for the same offence Protection of life and personal liberty is also stated under right to life and personal liberty. Article 21 •
Declares that no citizen can be denied his life and liberty except by law.
Article 21(A) •
Makes a fundamental right of every child to get free and compulsory education.
Rights of a person arrested under ordinary circumstances are laid down in the right to life and personal liberty. Article 22 •
No one can be arrested without being told the grounds for his arrest.
Also an arrested citizen has to be brought before the nearest magistrate within 24 hours.
The constitution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions.9 However, the right to life and personal liberty cannot be suspended. The six freedoms are also automatically suspended or have restrictions imposed on them during a state of emergency.
3 RIGHT AGAINST EXPLOITATION
Child labor and Begar is prohibited under Right against exploitation. The right against exploitation, given in Articles 23 and 24, provides for two provisions, Article 23 •
The abolition of trafficking in human beings and Begar (forced labor),
Article 24 •
Abolition of employment of children below the age of 14 years in dangerous jobs like
factories and mines. . An exception is made in employment without payment for compulsory services for public purposes. Compulsory military conscription is covered by this provision 4) RIGHT TO FREEDOM OF RELIGION
Right to freedom of religion, covered in Articles 25, 26, 27 and 28, Article 23 •
Provides religious freedom to all citizens of India.
Article 24 •
Religious communities can set up charitable institutions of their own.
Article 25 •
No person shall be compelled to pay taxes for the promotion of a particular religion
Article 26 State run institution cannot impart education that is pro-religion.
5) CULTURAL AND EDUCATIONAL RIGHTS
Articles 29 and 30 are there to protect the rights of the minorities. Article 29 •
Any community which has a language and a script of its own has the right to conserve and
develop it. No citizen can be discriminated against for admission in State or State aided institutions Article 30 All minorities, religious or linguistic, can set up their own educational institutions to
preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution. 6) RIGHT TO CONSTITUTIONAL REMEDIES
This right covered under Article 32 of the Constitution. Article 32 empowers the citizens to move a court of law in case of any denial of the fundamental rights.10 This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warrant and certiorari. When a national or state emergency is declared, this right is suspended by the central Government. Right to property was originally a fundamental right, but is now a legal right.
DIRECTIVE PRINCIPLES OF STATE POLICY The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the State to guide the establishment of an economic and social democracy, as proposed by the Preamble. The State is expected to keep these principles in mind while framing laws and policies, even though they are non-justifiable in nature. The Directive Principles may be classified under the following categories: ideals that the State ought to strive towards achieving; directions for the exercise of legislative and executive power; and rights of the citizens which the State must aim towards securing •
Article 37, while stating that the Directive Principles are not enforceable in any court of
law, declares them to be "fundamental to the governance of the country" and imposes an obligation on the State to apply them in matters of legislation. •
Article 38 emphasize the positive duty of the State to promote the welfare of the people by
affirming social, economic and political justice, as well as to fight income inequality and ensure individual dignity, in order to ensure equitable distribution of land resources. •
Article 39 lays down certain principles of policy to be followed by the State, including
providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, reduction of the concentration of wealth and means of production from the hands of a few, and distribution of community resources to "sub serve the common good, •
Article 39A requires the State to provide free legal aid to ensure that opportunities for
securing justice are available to all citizens irrespective of economic or other disabilities. .Article 40 states The State shall also work for organization of village panchayats and help enable them to function as units of self-government.11 •
Article 41 states The State shall Endeavour to provide the right to work, to education and to
public assistance in cases of unemployment, old age, sickness and disablement, within the limits of economic capacity.
http://www.constitution.org/cons/india/p04.html as visited on 8th May, 16.
Article 42 provide for just and humane conditions of work and mater nity relief.12
Article 43 The State should also ensure living wage and proper working conditions for
workers, with full enjoyment of leisure and social and cultural activities. Also, the promotion of cottage industries in rural areas is one of the obligations of the State. •
Article 43A The State shall take steps to promote their participation in management of
industrial undertakings. •
Article 44he State shall endeavor to secure a uniform civil code for all citizens,
Article 45 pr ovides free and compulsory education to all children till they attain the age of
14 years. This directive regarding education of children was added by the 86th Amendment Act, 2002. Article 46 states State should and work for the economic and educational upliftment of
castes, scheduled and other weaker sections of the society. •
Article 47 commit the State to raise the level of nutrition and the standard of living and to
improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes. •
Article 48 State should organize agriculture and animal husbandry on modern and scientific
lines by improving breeds and prohibiting slaughter of cows, calves, other mulch and draught cattle •
Article 48A State should protect and improve the environment and safeguard the forests
and wild life of the country. This directive, regarding protection of forests and wildlife was added by the 42nd Amendment Act, 1976. Article 49 it shall be the obligation of the State to protect the monuments, places and
objects of historic and artistic interest and national importance against destruction and damage. Article 50 states for the separation of judiciary from executive in public services
Article 51 ensure that the State shall strive for the promotion and maintenance of
international peace and security, just and honorable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration.
FUNDAMENTAL DUTIES The Fundamental Duties are a novel feature of the Indian Constitution in recent times. Originally, the Constitution of India did not contain these duties. The Forty Second Constitution Amendment Act, 1976 has incorporated ten Fundamental Duties in Article 51(A) of the constitution of India. The Eighty-Six Constitution Amendment Act, 2002 has added one more Fundamental Duty in Article 51(A) of the constitution of India. As a result, there are now 11 Fundamental Duties of the citizen of India.13
The following are the Eleven Fundamental Duties of every citizen of India: (a) To abide by the Constitution and respect the National Flag and the National Anthem; (b) To cherish and follow the noble ideals which inspired our national struggle for freedom; (c) To uphold and protect the sovereignty, unity and integrity of India; (d) To defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women; (f) To value and preserve the rich heritage of our composite culture; (g) To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures; (h) To develop the scientific temper, humanism and the spirit of inquiry and reform; (i) To safeguard public property and to abjure violence; (j) To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement." 13
http://www.importantindia.com/1998/list-of-fundamental-duties-in-indian-constitution/ as visited on 8 May, 16.
(k) To provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be. Some other Provisions of the Constitution. •
Article 226: Power of High Courts to issue certain Writs
Article 300A: No Person shall be deprived of his property save by authority of law. Article 325: No person to be ineligi ble for inclusion in or to claim to be included in a
special, electoral roll o grounds of religion, race, caste or sex. •
Article 326: Elections to the House of the People and to the Legislative Assemblies of
States to be on the basis of adult suffrage.14
INDIAN LAWS REGARDING HUMAN RIGHTS IN INDIA The following is a list of some of the important national statutes which have a bearing on the promotion/protection of human Rights in India. 1829 – The practice of sati was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movements such as the Brahmo Samaj of Ram Mohan Roy against this orthodox Hindu funeral custom of self-immolation of widows after the death of their husbands. 1871 - Criminal Tribes Act 1871, was repealed by the government in 1952 and replaced by Habitual Offenders Act (HOA) (1952) 1923 – Workmen’s Compensation Act. 1926 – Trade Unions Act 1929 – Child Marriage Restraint Act, prohibiting marriage of minors under 14 years of age is passed. 1933 – Children (Pledging of Labor) Act – Prohibit the pledging of the labor of children and the employment of children whose labor has been pledged. 1936 – Payment of Wages Act 1942 – Weekly Holidays Act. 1946 – Industrial Employment Standing Orders Act. 1947 – Industrial Disputes Act. 1948 – Minimum Wages Act. 1948 - ESI Act 1948 - Factories Act
Supra Note 1.
JUDICIAL ACTIVISM The Supreme Court has laid down the following guidelines till legislative measures are taken. The advice personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. This portrays of all such police personnel who handle interrogation of the arrestee must be recorded in a register. The arrestee should, if so request on his/her body must be recorded at the time. The 'inspection means' must be signed by both the arrestee and the police officer affecting the arrest and its copy provided to the arrestee. The arrestee should be subjected to medical examination by attained doctor every 48 hours during his detention in custody by doctor on the panel of approved doctors appointed by The Director, Health Services of The concerned State. (R.C. Agarwal, 2001). And also lay down that Right to Free Legal Aid is as much a fundamental right as the right to live. Much of the concern of Human Rights activism has been on the victims of Police atrocities committed in the name of law and order. Supreme Court while deciding such cases has not only condemned Police atrocities but has gone on to provide compensation to the victims of Police atrocities. In the case of Khatri vs. Bihar popularly known as Bhagalpur Blinding case, the Supreme Court imposed a liability upon the State to pay compensation to the victims for violation of their personal liberties under Article 21 of the Constitution. In the case of Peoples Union of Civil Liberties vs. Union of India the Supreme Court came down heavily on State sponsored killings. Similarly, in the case of D.K.Basu vs. State of West Bengal, death in police custody was regarded as worst and the most heinous crime. It may be noted that the significance of judgments given by the Supreme Court are far wider than the punishments meted out to a few people.16
http://www.yourarticlelibrary.com/essay/judicial-activism-in-india-origins-meaning-causes-and-course/24914/ th as visited on 8 May, 16.
CONCLUSION Human rights in India is an issue complicated by the country's large size, its tremendous diversity, its status as a developing country and a sovereign, secular, democratic republic. The Constitution of India provides for Fundamental rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. The country also has an independent judiciary and well as bodies to look into issues of human rights. In its report on human rights in India during 2013, released in 2014, Human Rights Watch stated, "India took positive steps in strengthening laws protecting women and children, and, in several important cases, prosecuting state security forces for extrajudicial killings." The report also condemned the persistent impunity for abuse linked to insurgency in Maoist areas, Jammu and Kashmir, Manipur and Assam. The report also went on to state, "The fact that the government responded to public outrage confirms India’s claims of a vibrant civil society. An independent judiciary and free media also acted as checks on abusive practices. However, reluctance to hold public officials to account for abuses or dereliction of duty continued to foster a culture of corruption and impunity". On a global level, India opts for a policy of "non-interference in internal affairs of other countries". However India is engaged in promoting stability and human rights in Afghanistan, pledging nearly US$2 billion f or the country’s rehabilitation and reconstruction efforts, supporting education of girls, providing some police training, and granting asylum to a number of activists fleeing Taliban threats. Relating to protection of human rights, the whole Indian 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 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 serious violations.