Unit 6:- Enforcement of Human Rights in India


6.1. Role of courts: the Supreme Court, High Courts and other courts
6.2. Statutory commissions- human rights, women’s, minority and backward class 

 

6.1 Role of Courts: Supreme Court, High Courts, and Others

Introduction & Definition

The Indian Judiciary acts as the “Guardian of the Constitution.” Unlike many other nations, the Indian courts have developed a unique system of Judicial Activism to protect the rights of even the most marginalized citizens.

Statutory Provisions

  • Article 32: Right to Constitutional Remedies (Supreme Court). Dr. B.R. Ambedkar called this the “Heart and Soul” of the Constitution.
  • Article 226: Power of High Courts to issue writs for the enforcement of Fundamental Rights and “for any other purpose.”
  • Article 13: Declares any law inconsistent with Fundamental Rights as void.

Essential Ingredients (The Five Writs)

To enforce human rights, the Courts issue specific orders known as Writs:

  1. Habeas Corpus: “To have the body.” Used against illegal detention.
  2. Mandamus: “We command.” Used to direct a public official to perform their duty.
  3. Quo Warranto: “By what authority.” To challenge a person’s right to hold a public office.
  4. Prohibition: To stop a lower court from exceeding its jurisdiction.
  5. Certiorari: To quash an order already passed by a lower court.

Landmark Case Laws

  1. Bandhua Mukti Morcha v. Union of India (1984):
    • Facts: A letter was sent to the SC regarding bonded laborers in stone quarries.
    • Judgment: The Court treated the letter as a Writ Petition (PIL), appointing commissioners to investigate. It held that the right to live with human dignity is part of Article 21.
  2. K.S. Puttaswamy v. Union of India (2017):
    • Judgment: The Nine-Judge Bench declared the Right to Privacy as a fundamental right under Article 21, aligning Indian law with international digital human rights norms.

Exam-Style Conclusion

The Indian Judiciary serves as a “Sentinal on the qui vive.” By expanding the scope of Article 21 and simplifying the rules of Locus Standi (allowing any citizen to file a case for the poor), the courts have made human rights accessible to all.

6.2 Statutory Commissions

Introduction & Definition

Statutory Commissions are “Watchdog” bodies created by Acts of Parliament. They are Quasi-Judicial in nature, meaning they can investigate complaints, summon witnesses, and recommend actions, though they cannot pass final judgments like a court.

1. National Human Rights Commission (NHRC)

  • Act: Protection of Human Rights Act, 1993.
  • Role: Investigates violations of human rights or negligence by public servants. It can intervene in court proceedings involving human rights.
  • Limitation: Its recommendations are not binding on the government, though the government must explain why if they don’t follow them.

2. National Commission for Women (NCW)

  • Act: National Commission for Women Act, 1990.
  • Role: Reviews constitutional and legal safeguards for women, advises on legislative measures, and looks into complaints regarding the deprivation of women’s rights.

3. National Commission for Minorities (NCM)

  • Act: National Commission for Minorities Act, 1992.
  • Role: Evaluates the progress of the development of minorities (Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains) and looks into specific complaints regarding the deprivation of rights.

4. National Commission for Backward Classes (NCBC)

  • Act: 102nd Constitutional Amendment Act, 2018 (Now a Constitutional Body under Article 338B).
  • Role: Investigates matters relating to the safeguards provided for the socially and educationally backward classes.

Comparison Table: Courts vs. Statutory Commissions

Feature

Supreme/High Courts

Statutory Commissions (NHRC/NCW)

Origin

Constitutional (Part III).

Statutory (Acts of Parliament).

Powers

Can strike down laws and grant compensation.

Investigatory and Recommendatory.

Remedy

Issue Binding Writs.

Submit reports to the Government.

Accessibility

Requires legal procedures/fees.

More informal and accessible to laypeople.

Exam-Style Conclusion

Statutory Commissions provide a specialized, low-cost alternative to the courts for human rights grievances. While they lack the “contempt power” of a High Court, their role in documentation, investigation, and publicizing rights violations is vital for an accountable democracy.

 

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