JUDICIARY AS A GUARDIAN OF HUMAN RIGHTS WITH REGARD TO PRISONERS

Law

In a democratic society, the State and its organs have to protect and promote human rights. The Supreme Court of India has laid down certain guidelines for law enforcement agencies to follow. The judiciary adopts an innovative approach towards the interpretation of Fundamental Rights and Directive Principles of State Policy. The Supreme Court of India has expanded the extent of Judicial Review to include review of all those state measures, which either violate the Fundamental Rights or the Basic Structure of the Constitution. The Supreme Court of India has developed Human Rights jurisprudences in order to preserve and protect the prisoner’s Right to Human Dignity. Also, when an accused has no representing council, it is the duty of the court to appoint a counsel on Government expenses for his defence. The right to speedy trial has become a universally recognised human right. A significant contribution of judicial activism in the post Maneka Gandhi period has been the development of compensatory jurisdiction of the Supreme Court and the High Court’s under Articles 32 and 226 of the Constitution. Further, Article 24 of the Constitution prohibits the employment of children below the age of Fourteen years. The Supreme Court held that right to live with Human Dignity under the Article 21 includes the protection of health and strength of workers, men and women and of tender age of children against abuse. Indian Judiciary, through judicial activism forged new tools and devised new remedies for the purpose of vindicating the most precious of the precious Human Right to Life and Personal Liberty.

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