The Role of the Judiciary in Protecting Human Rights

A PROJECT REPORT:
SUBMITTED by-

SUBHRAJIT MANSINGH
In partial fulfillment for the award of
the degree of
BACHELOR OF BUSINESS ADMINISTRATION(BBA)
AND
BACHELOR OF LEGISLATIVE LAW(LLB)

SEMESTER- 1
DEPARTMENT OF LAW SUBMITTED TO :-

SCHOOL OF LAW ARPITA DAS

BHUBANESWAR ; CAMPUS (Assistant Professor )

CENTURION UNIVERSITY OF TECHNOLOGY AND MANAGEMENT

;ODISHA (2024)

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 CERTIfICATE:-

DEPARTMENT OF LAW

SCHOOL OF LAW
BHUBANESWAR CAMPUS

BONAFAID CERTIFICATE:-

Certified that this project report is The Role of the Judiciary in Protecting Human Rights

of indiawork of Subhrajit Mansingh who carried out the project work under my
supervision. This is to further clarify to the best of my. Knowledge, that this
project has not been carried out earlier in this institute and university.

SIGNATURE

Professor of Law
Certified that the above – mentioned project hasbeen duly carried out as per the
norms of the college and statues of the university .
SIGNATURE
Dr Pallab Das
DEAN OF SCHOOL OF LAW

DEPARTMENT SEAL

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 ACKNOWLEDGEMENTS :-

I wish to express my profound and sincere gratitude to Ms. Arpita Das

Department of Law , SOL, Bhubaneswar Campus, who guided me into the
intrcacies of this project nonchalantly with matchless magnanimity. I thank
[Link] Das, Dean of School of Law, SOL, Bhubaneswar Campus for
extendingtheir support during Course of this investigation. I am highly grateful to
my parents who evinced keen interest and invaluable support in the . progess and
successful competition of my project work .

I am indepted to my parents for their constant encouragement, coorperation and

help. . Words of gratitude are not enough todescribe the accommodation and
fortitude which . they have shown throughout my endeavor.

Name of the Student : Subhrajit Mansingh

Signature of the Student:
Registration No.:244609150002

Place:Centurion University of Technology and Management, BBSR

Date:

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 DECLARATION:-

I hereby declare that the project entitled The Role of the Judiciary in Protecting Human
Rights submitted for the Minor project of 1st semester BBA LLB is my original
work and the . . project has not formed the basis for the award of any Degree or
any other similar titles in any . other Univerity/Institution.

Name of the Student: Subhrajit Mansingh

Signature of the Student:

Registration No.:244609150002
Place:Centurion University of Technology and Management, BBSR
Date:

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 TITLE :- PAGE NO.

Understanding the Judiciary’s 1

Mandate

Judicial Review and Constitutional 2

Safeguards

Enforcement of Fundamental Rights 3

Public Interest Litigation (PIL) 4

Role in Upholding Minority and 5

Vulnerable Group Rights

Interpretation of Human Rights in 6

Light of International Law

Judiciary as a Check on State Power 7

Evolving Areas of Human Rights 8

Jurisprudence

Challenges Faced by the Judiciary 9

Comparative Perspectives: Judiciary 10

and Human Rights Globally

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The Role of the Judiciary in Protecting Human Rights

Introduction

The protection and promotion of human rights is a fundamental pillar of a democratic society. Human rights,
which encompass civil, political, economic, social, and cultural freedoms, are essential for the dignity and
equality of every individual. While legislatures enact laws and executives implement them, the judiciary
plays a crucial role in interpreting, enforcing, and upholding these rights. The judiciary, as an independent
branch of government, is tasked with ensuring that the state respects and protects the rights of its citizens. Its
primary responsibility is to act as the guardian of the Constitution, uphold the rule of law, and provide
remedies in case of violations. This essay explores the pivotal role of the judiciary in protecting human
rights, with references to national and international contexts, landmark judgments, and evolving judicial
mechanisms.

1. Understanding the Judiciary’s Mandate

The judiciary is the system of courts that interprets and applies the law in the name of the state. In
democratic systems, the judiciary is often considered the custodian of the Constitution and is entrusted with
ensuring that the rights and freedoms enshrined in the constitutional framework are not violated.

Most constitutions, such as the Indian Constitution, the U.S. Constitution, or the South African Constitution,
include a Bill of Rights or similar provisions that enumerate basic human rights. The judiciary is empowered
to interpret these rights, resolve disputes concerning their violation, and protect individuals from state or
private encroachments on these rights.

In essence, the judiciary serves as the final arbiter of justice, especially when human rights are threatened or
violated.

2. Judicial Review and Constitutional Safeguards

One of the judiciary’s most powerful tools is judicial review, which allows courts to examine the
constitutionality of laws and executive actions. If any law or government act is found to be inconsistent with
the Constitution or violates fundamental rights, the judiciary can declare it null and void.

For example:

• In India, Article 13 of the Constitution declares that any law inconsistent with or in derogation of
fundamental rights shall be void.
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 • In the United States, the power of judicial review was established through the landmark case
Marbury v. Madison (1803), setting the precedent for courts to invalidate laws that contravene the
Constitution.

Through judicial review, courts maintain a balance of power among the branches of government and act as a
check against the misuse or abuse of legislative and executive authority.

3. Enforcement of Fundamental Rights

The judiciary plays an active role in enforcing fundamental rights, which are often considered the core of
human rights within a national legal framework. These include:

• Right to life and personal liberty

• Freedom of speech and expression

• Right to equality

• Freedom of religion

• Right against exploitation

In countries like India, individuals can approach the Supreme Court (under Article 32) or High Courts
(under Article 226) if their fundamental rights are violated. The court can issue writs such as habeas corpus,
mandamus, certiorari, prohibition, and quo warranto to provide relief.

Case Example:
In Maneka Gandhi v. Union of India (1978), the Indian Supreme Court expanded the interpretation of
Article 21 (right to life and liberty), declaring that any procedure affecting life or liberty must be fair, just,
and reasonable, thereby strengthening procedural safeguards against arbitrary state actions.

4. Public Interest Litigation (PIL)

One of the most revolutionary developments in human rights jurisprudence has been the advent of Public
Interest Litigation (PIL). PIL allows individuals or groups to approach the court on behalf of marginalized or
disadvantaged communities whose rights have been violated, even if they are not directly affected.

This development has significantly democratized access to justice, particularly in countries like India, South
Africa, and Pakistan.

Landmark PIL cases include:

• Hussainara Khatoon v. State of Bihar (1979) – Right to free legal aid and speedy trial.

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 • MC Mehta v. Union of India – Series of environmental cases including the right to a healthy
environment.

• Olga Tellis v. Bombay Municipal Corporation – Recognized the right to livelihood as part of the
right to life.

Through PIL, the judiciary has expanded the scope of human rights, addressing issues like bonded labor,
prison conditions, environmental degradation, and the rights of women and children.

5. Role in Upholding Minority and Vulnerable Group Rights

The judiciary has been instrumental in safeguarding the rights of minorities and vulnerable groups, including
religious minorities, LGBTQ+ individuals, women, children, prisoners, and the disabled.

Some notable contributions include:

• LGBTQ+ rights: In Navtej Singh Johar v. Union of India (2018), the Indian Supreme Court
decriminalized homosexuality by reading down Section 377 of the IPC, affirming the dignity and
autonomy of LGBTQ+ individuals.

• Women's rights: Courts have addressed issues like workplace harassment, domestic violence, and
unequal pay. In Vishaka v. State of Rajasthan (1997), the court laid down guidelines to protect
women from sexual harassment at the workplace.

• Prisoners' rights: The judiciary has repeatedly ruled that prisoners do not lose their fundamental
rights and are entitled to humane treatment.

These judgments reflect the judiciary’s commitment to the principle of substantive equality—ensuring not
just formal equality before the law but also real, effective access to justice.

6. Interpretation of Human Rights in Light of International Law

Courts around the world increasingly look to international human rights instruments when interpreting
domestic laws, especially when there is ambiguity.

Key international human rights documents include:

• Universal Declaration of Human Rights (UDHR)

• International Covenant on Civil and Political Rights (ICCPR)

• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

• Convention on the Rights of the Child (CRC)

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Even if these treaties are not directly enforceable in national courts, judges often use them as interpretative
tools to strengthen human rights protections.

Example:
In Vishaka v. State of Rajasthan, the Indian Supreme Court referred to CEDAW while framing guidelines on
sexual harassment at the workplace.

7. Judiciary as a Check on State Power

The judiciary is essential in maintaining the rule of law by ensuring that all actions of the state are legal, just,
and accountable. This is particularly important during times of emergency, political unrest, or national
security threats, when governments may be tempted to restrict rights.

Example:

• During the Emergency in India (1975-1977), the judiciary was criticized for its passive stance (ADM
Jabalpur v. Shivkant Shukla), where it failed to protect the right to life. However, in later years, the
court acknowledged this lapse and reinforced its role as a defender of rights.

A vigilant judiciary can prevent the rise of authoritarianism and ensure that civil liberties are not sacrificed
in the name of national interest.

8. Evolving Areas of Human Rights Jurisprudence

Human rights are dynamic, and the judiciary continuously adapts its interpretations to new challenges such
as:

• Digital privacy and surveillance

• Climate justice

• Reproductive rights

• Rights of persons with disabilities

• AI and algorithmic fairness

Digital rights: In Justice K.S. Puttaswamy v. Union of India (2017), the Indian Supreme Court recognized
the right to privacy as a fundamental right under Article 21, paving the way for data protection frameworks.

Climate justice: Courts have started to recognize the right to a clean and healthy environment as an integral
part of the right to life.

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9. Challenges Faced by the Judiciary

While the judiciary has played a commendable role in promoting human rights, it also faces several
challenges:

• Backlog and delays: Large caseloads hinder timely justice.

• Access to justice: Legal aid and awareness are limited, especially for marginalized communities.

• Judicial independence: In some countries, the executive may try to influence judicial decisions.

• Implementation of judgments: Even progressive rulings can fail to have real-world impact if not
implemented effectively.

These challenges underscore the need for judicial reform, better infrastructure, and stronger institutional
mechanisms.

10. Comparative Perspectives: Judiciary and Human Rights Globally

Different countries offer varying models of how judiciaries protect rights:

• United States: Strong tradition of judicial activism; the Supreme Court has delivered landmark
decisions like Brown v. Board of Education (racial segregation) and Roe v. Wade (abortion rights,
later overturned in Dobbs v. Jackson).

• South Africa: Post-apartheid Constitution includes a robust Bill of Rights. Courts actively engage in
socio-economic rights enforcement, such as in Government of the Republic of South Africa v.
Grootboom (housing rights).

• United Kingdom: The Human Rights Act 1998 allows domestic courts to apply the European
Convention on Human Rights.

• India: Has developed one of the most expansive and innovative bodies of human rights jurisprudence
in the world, particularly through PIL.

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Methodology

This study adopts a qualitative and doctrinal research methodology to examine the role of the judiciary in
protecting human rights. The research is primarily based on secondary sources, including constitutional
texts, judicial decisions, scholarly articles, legal commentaries, and international human rights instruments.
The objective is to analyze the interpretative and enforcement role of the judiciary in various legal systems,
with a focus on how courts have contributed to the development and safeguarding of human rights norms.

1. Doctrinal Legal Research

The research involves a detailed doctrinal analysis of relevant laws and judicial decisions. This includes:

• Constitutional provisions related to fundamental rights

• Landmark human rights cases from various jurisdictions (e.g., India, the U.S., South Africa)

• Statutory frameworks that enable judicial enforcement of rights

• Judicial doctrines such as judicial review, public interest litigation, and writ jurisdiction

This method allows for the systematic interpretation of legal principles and their application in case law.

2. Comparative Analysis

The study also employs a comparative legal method to evaluate how different judicial systems approach the
protection of human rights. By examining key judgments and legal developments in multiple jurisdictions,
the research identifies best practices, common challenges, and innovative legal responses to evolving human
rights issues.

3. Case Study Approach

A case study approach is used to highlight specific landmark judgments that illustrate the judiciary's role in
human rights protection. Cases such as Maneka Gandhi v. Union of India, Navtej Singh Johar v. Union of
India, and Vishaka v. State of Rajasthan (India), Brown v. Board of Education (U.S.), and Grootboom
(South Africa) are analyzed in detail to demonstrate judicial reasoning, impact, and legal evolution.

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 ASSESSMENT
Internal:

SL FULL MARKS REMARK

RUBRICS
NO MARK OBTAINED S

Understanding the relevance,

1 scope and dimension of the 10
project

2 Methodology 10

3 Quality of Analysis and Results 10

4 Interpretations and Conclusions 10

5 Report 10

Total 50

Date: Signature of the Faculty

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Date: Signature of the Student

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