Guardians Of Justice: How The Indian Judiciary Champions Human Rights
Injustice Anywhere Is A Threat To Justice Everywhere. - Martin Luther King Jr.
The Supreme Court of India and other high courts on numerous occasions, exercised its authority to initiate cases 'Suo motu' a Latin term denoting the court's power to address issues on its own accord, without any formal petition or external party bringing the matter to its attention. This prerogative, while explicitly conferred under Section 23 of the Contempt of Courts Act, 1971 for instances of contempt, has seen an intriguing extension into the realms of writ jurisdiction and judicial review.
This expansion, which traces its origins to the relaxation of procedural constraints in the context of Public Interest Litigations (PILs), arguably first manifested in the landmark Sunil Batra case. Despite this power being exercised in various instances over the years, it wasn't until 2014 that a formal procedural framework was instituted through the adoption of Order 38, Rule 12(1)(a) in the Supreme Court Rules of 2013, codifying the court's suo motu jurisdiction in a structured manner.
In an unprecedented surge, the Supreme Court recorded its highest-ever number of Suo motu cases in 2020, with the tally reaching a remarkable 10, many of which grappled with the multifaceted crises triggered by the Covid-19 pandemic. Astonishingly, by the first quarter of 2021, the court had already initiated 3 additional suo motu cases, signalling a continued and vigorous engagement with this extraordinary judicial mechanism.
As of August 18, 2024, the Supreme Court of India has taken suo moto cognizance of the Kolkata rape and murder case. The case involves the tragic rape and murder of a postgraduate trainee doctor in Kolkata. The Chief Justice-led bench, including CJI DY Chandrachud, Justices Pardiwala, and Mishra, will hear the case.
The Indian Supreme Court has extensive been a torchbearer of justice, frequently stepping beyond traditional judicial confines to address insistent societal issues. From environmental protection to protection women's rights, the court has played a proactive role in shaping India's legal backdrop. Supreme Court's journey from its landmark judgments in the M.C. Mehta cases to its recent intrusions in the Kolkata rape case and the Wayanad issue, highlighting its enduring obligation to justice and equity.
Latent the Foundation for Environmental Jurisprudence
For this the Supreme Court's proactive deportment can be traced back to the series of cases brought forth by environmental activist M.C. Mehta. Midst the most notable is the M.C. Mehta v. Union of India (1986) case, concerning the disastrous gas leak at the Shriram Food and Fertilizer plant in Delhi. In a landmark judgment, presented the concept of "absolute liability" for hazardous industries, mandating that they must compensate victims of industrial disasters regardless of any fault or negligence on their part.
Further this case, among others initiated by Mehta, including those concerning the pollution of the Ganges and the protection of the Taj Mahal from industrial releases, set a precedent for the judiciary's role in environmental protection. The court's interventions not only led to severer environmental regulations but also established the principle that the right to a clean environment is a fundamental right under Article 21 of the Indian Constitution.
Increasing Judicial Activism: From Environmental to Social Justice
For the Following the foundation laid by the M.C. Mehta cases, the Supreme Court expanded its scope of activism to incorporate a broader range of social issues. For every instance the court has not faltered to take Suo motu cognizance of matters where it deemed that justice was at stake, often stepping in to address issues that the executive or legislature failed to adequately discourse.
Firstly, the Kolkata Rape Case: A expressive testimony to the Supreme Court's assertive approach is its resolute intervention in the infamous Kolkata rape case. The urgent step in this case the Court's disposition, characterized by an unyielding determination to secure justice for the victim, was evident in its commands for immediate and thorough investigations, rigorous protection of the victim's identity, and the creation of robust support systems for survivors.
We can observe this interference not only fortified the Supreme Court's role as a vigilant protector of women's rights but also set an enduring precedent for the swift and equitable handling of crimes against women, showcasing the Court's unwavering resolve to champion justice amidst widespread public outcry. Again, this case, which unbridled a torrent of public outrage, vividly highlighted the Court's steadfast commitment to defending women's rights and ensuring the rapid dispensation of justice in matters of sexual violence.
Not only this incident if we observe recent actions of SC and other high courts another moving to ecological urgency in Wayanad Kerala the High court of Kerala has taken a Suo moto cognizance of the Wayanad landslides that occurred on July 30, claiming 225 lives and displaced thousands of people. Judiciay has indeed played a astonishing role as the guardian of the Constitution and the guardian of citizens' rights. Its interventions, often through judicial activism, have shaped the legal landscape of the country and reinforced its role as a guardian of the Constitution. Some examples are
Pollution in the Ganga River (2014)
The Indian Judiciary has repeatedly taken Suo motu cognizance of the pollution in the Ganga River, beginning with its intervention in 1985. In 2014, the court once again stepped in, expressing concern over the continued pollution of the river despite numerous plans and projects aimed at cleaning it. The court's involvement has kept the issue in the public and governmental focus, pushing for more effective implementation of pollution control measures.
Vikas Yadav vs. State of Uttar Pradesh (2016) - Honour Killing Case
In this case, the SC took Suo motu cognizance of the honor killing of Nitish Katara, a young man assassinated by Vikas Yadav and his cousin Vishal Yadav because he was in a relationship with Vikas's sister, Bharti Yadav. The court upheld the life sentences of the accused, highlighting the need to curb the menace of honor killings and uphold the rule of law.
Prison Reforms Case (2018)
The SC, on its own, took up the issue of the deplorable conditions in Indian prisons, especially the overcrowding and lack of basic amenities for inmates. The court's suo motu action led to significant directives aimed at improving the living conditions in prisons, ensuring the rights of inmates are respected, and reducing overcrowding through the implementation of various measures, including the use of technology for court appearances.
Muzaffarpur Shelter Home Case (2018)
Another horrific case of sexual exploitation and exploitation of minor girls at a shelter home in Muzaffarpur, Bihar, led the SC to take Suo motu cognizance. The court's intervention highlighted the state's failure to defend vulnerable children and led to directives for stricter regulation and monitoring of such organizations across the country.
Unnao Rape Case (2019)
In the Unnao rape case, the Supreme Court took suo motu cognizance of the significant allegations against a sitting MLA, Kuldeep Singh Sengar, for the rape of a minor girl and the succeeding harassment and threats faced by the victim and her family. The court's involvement ensured a fast-tracked trial and the protection of the victim's rights, culminating in the conviction of the accused.
Migrant Workers' Crisis During COVID-19 (2020)
Through the COVID-19 pandemic, the Supreme Court took suo motu cognizance of the difficulty of millions of migrant workers who were left stranded, without food, shelter, or transference, following the nationwide lockdown. The court issued several orders to the government, directing the provision of free food, shelter, and transportation to the pretentious workers, thereby ensuring that their basic human rights were upheld during the crisis.
Firecracker Ban Case (2018)
We can observe distinguishing the unadorned air pollution caused by the bursting of firecrackers during Diwali, the SC took Suo motu cognizance and levied a ban on the sale of certain types of firecrackers. One of the cases if we observed the court also delimited the time during which firecrackers could be burst, in an effort to balance the cultural practices with the need to protect public health and the environment. These cases reflect the judiciary's proactive role in addressing critical issues affecting society, often stepping in where the legislative or executive branches may have failed to act decisively.
The Supreme Court's Evolving Role: A Balancing Act
As we can notice though, the court has consistently maintained that its actions are guided by the principles of justice and the need to uphold the fundamental rights enshrined in the Constitution. Very consciously since M.C. Mehta's pioneering environmental cases to the court's recent involvements in the Kolkata rape and Wayanad cases, the Supreme Court of India has demonstrated an unwavering commitment to addressing issues of public importance.
Its proactive stance has ensured that justice is not merely a notional concept but a lived reality for all citizens, particularly those who are vulnerable or marginalized. From the years Some argue that the judiciary's frequent interventions in matters traditionally within the purview of the executive or legislature amount to judicial overreach. Since the years the Supreme Court's proactive role has not been without its critics.
As the court passages forward, its challenge will be to strike a balance between assertive judicial intervention and respect for the roles of the executive an Indeed, despite facing significant challenges like the backlog of cases, infrastructural inadequacies, and questions about accountability, the judiciary, particularly the Supreme Court of India, has consistently demonstrated its commitment to justice by utilizing its inherent powers when necessary. legislature, ensuring that its actions enhance, rather than undermine, the democratic process.
From the past to till India suffers to grapple with complex social, environmental, and economic challenges, the Supreme Court's role as a guardian of justice remains crucial. In this regard whether in protecting the environment, upholding human rights, or safeguarding accountability, the Supreme Court's proactive approach has been, and will continue to be, a cornerstone of India's democratic framework. In all these cases though the deliberation over judicial activism versus judicial overreach will likely remain, there is no denying that the court's interventions have often been the catalyst for positive change.
References:
The Supreme Court of India and other high courts on numerous occasions, exercised its authority to initiate cases 'Suo motu' a Latin term denoting the court's power to address issues on its own accord, without any formal petition or external party bringing the matter to its attention. This prerogative, while explicitly conferred under Section 23 of the Contempt of Courts Act, 1971 for instances of contempt, has seen an intriguing extension into the realms of writ jurisdiction and judicial review.
This expansion, which traces its origins to the relaxation of procedural constraints in the context of Public Interest Litigations (PILs), arguably first manifested in the landmark Sunil Batra case. Despite this power being exercised in various instances over the years, it wasn't until 2014 that a formal procedural framework was instituted through the adoption of Order 38, Rule 12(1)(a) in the Supreme Court Rules of 2013, codifying the court's suo motu jurisdiction in a structured manner.
In an unprecedented surge, the Supreme Court recorded its highest-ever number of Suo motu cases in 2020, with the tally reaching a remarkable 10, many of which grappled with the multifaceted crises triggered by the Covid-19 pandemic. Astonishingly, by the first quarter of 2021, the court had already initiated 3 additional suo motu cases, signalling a continued and vigorous engagement with this extraordinary judicial mechanism.
As of August 18, 2024, the Supreme Court of India has taken suo moto cognizance of the Kolkata rape and murder case. The case involves the tragic rape and murder of a postgraduate trainee doctor in Kolkata. The Chief Justice-led bench, including CJI DY Chandrachud, Justices Pardiwala, and Mishra, will hear the case.
The Indian Supreme Court has extensive been a torchbearer of justice, frequently stepping beyond traditional judicial confines to address insistent societal issues. From environmental protection to protection women's rights, the court has played a proactive role in shaping India's legal backdrop. Supreme Court's journey from its landmark judgments in the M.C. Mehta cases to its recent intrusions in the Kolkata rape case and the Wayanad issue, highlighting its enduring obligation to justice and equity.
Latent the Foundation for Environmental Jurisprudence
For this the Supreme Court's proactive deportment can be traced back to the series of cases brought forth by environmental activist M.C. Mehta. Midst the most notable is the M.C. Mehta v. Union of India (1986) case, concerning the disastrous gas leak at the Shriram Food and Fertilizer plant in Delhi. In a landmark judgment, presented the concept of "absolute liability" for hazardous industries, mandating that they must compensate victims of industrial disasters regardless of any fault or negligence on their part.
Further this case, among others initiated by Mehta, including those concerning the pollution of the Ganges and the protection of the Taj Mahal from industrial releases, set a precedent for the judiciary's role in environmental protection. The court's interventions not only led to severer environmental regulations but also established the principle that the right to a clean environment is a fundamental right under Article 21 of the Indian Constitution.
Increasing Judicial Activism: From Environmental to Social Justice
For the Following the foundation laid by the M.C. Mehta cases, the Supreme Court expanded its scope of activism to incorporate a broader range of social issues. For every instance the court has not faltered to take Suo motu cognizance of matters where it deemed that justice was at stake, often stepping in to address issues that the executive or legislature failed to adequately discourse.
Firstly, the Kolkata Rape Case: A expressive testimony to the Supreme Court's assertive approach is its resolute intervention in the infamous Kolkata rape case. The urgent step in this case the Court's disposition, characterized by an unyielding determination to secure justice for the victim, was evident in its commands for immediate and thorough investigations, rigorous protection of the victim's identity, and the creation of robust support systems for survivors.
We can observe this interference not only fortified the Supreme Court's role as a vigilant protector of women's rights but also set an enduring precedent for the swift and equitable handling of crimes against women, showcasing the Court's unwavering resolve to champion justice amidst widespread public outcry. Again, this case, which unbridled a torrent of public outrage, vividly highlighted the Court's steadfast commitment to defending women's rights and ensuring the rapid dispensation of justice in matters of sexual violence.
Not only this incident if we observe recent actions of SC and other high courts another moving to ecological urgency in Wayanad Kerala the High court of Kerala has taken a Suo moto cognizance of the Wayanad landslides that occurred on July 30, claiming 225 lives and displaced thousands of people. Judiciay has indeed played a astonishing role as the guardian of the Constitution and the guardian of citizens' rights. Its interventions, often through judicial activism, have shaped the legal landscape of the country and reinforced its role as a guardian of the Constitution. Some examples are
Pollution in the Ganga River (2014)
The Indian Judiciary has repeatedly taken Suo motu cognizance of the pollution in the Ganga River, beginning with its intervention in 1985. In 2014, the court once again stepped in, expressing concern over the continued pollution of the river despite numerous plans and projects aimed at cleaning it. The court's involvement has kept the issue in the public and governmental focus, pushing for more effective implementation of pollution control measures.
Vikas Yadav vs. State of Uttar Pradesh (2016) - Honour Killing Case
In this case, the SC took Suo motu cognizance of the honor killing of Nitish Katara, a young man assassinated by Vikas Yadav and his cousin Vishal Yadav because he was in a relationship with Vikas's sister, Bharti Yadav. The court upheld the life sentences of the accused, highlighting the need to curb the menace of honor killings and uphold the rule of law.
Prison Reforms Case (2018)
The SC, on its own, took up the issue of the deplorable conditions in Indian prisons, especially the overcrowding and lack of basic amenities for inmates. The court's suo motu action led to significant directives aimed at improving the living conditions in prisons, ensuring the rights of inmates are respected, and reducing overcrowding through the implementation of various measures, including the use of technology for court appearances.
Muzaffarpur Shelter Home Case (2018)
Another horrific case of sexual exploitation and exploitation of minor girls at a shelter home in Muzaffarpur, Bihar, led the SC to take Suo motu cognizance. The court's intervention highlighted the state's failure to defend vulnerable children and led to directives for stricter regulation and monitoring of such organizations across the country.
Unnao Rape Case (2019)
In the Unnao rape case, the Supreme Court took suo motu cognizance of the significant allegations against a sitting MLA, Kuldeep Singh Sengar, for the rape of a minor girl and the succeeding harassment and threats faced by the victim and her family. The court's involvement ensured a fast-tracked trial and the protection of the victim's rights, culminating in the conviction of the accused.
Migrant Workers' Crisis During COVID-19 (2020)
Through the COVID-19 pandemic, the Supreme Court took suo motu cognizance of the difficulty of millions of migrant workers who were left stranded, without food, shelter, or transference, following the nationwide lockdown. The court issued several orders to the government, directing the provision of free food, shelter, and transportation to the pretentious workers, thereby ensuring that their basic human rights were upheld during the crisis.
Firecracker Ban Case (2018)
We can observe distinguishing the unadorned air pollution caused by the bursting of firecrackers during Diwali, the SC took Suo motu cognizance and levied a ban on the sale of certain types of firecrackers. One of the cases if we observed the court also delimited the time during which firecrackers could be burst, in an effort to balance the cultural practices with the need to protect public health and the environment. These cases reflect the judiciary's proactive role in addressing critical issues affecting society, often stepping in where the legislative or executive branches may have failed to act decisively.
The Supreme Court's Evolving Role: A Balancing Act
As we can notice though, the court has consistently maintained that its actions are guided by the principles of justice and the need to uphold the fundamental rights enshrined in the Constitution. Very consciously since M.C. Mehta's pioneering environmental cases to the court's recent involvements in the Kolkata rape and Wayanad cases, the Supreme Court of India has demonstrated an unwavering commitment to addressing issues of public importance.
Its proactive stance has ensured that justice is not merely a notional concept but a lived reality for all citizens, particularly those who are vulnerable or marginalized. From the years Some argue that the judiciary's frequent interventions in matters traditionally within the purview of the executive or legislature amount to judicial overreach. Since the years the Supreme Court's proactive role has not been without its critics.
As the court passages forward, its challenge will be to strike a balance between assertive judicial intervention and respect for the roles of the executive an Indeed, despite facing significant challenges like the backlog of cases, infrastructural inadequacies, and questions about accountability, the judiciary, particularly the Supreme Court of India, has consistently demonstrated its commitment to justice by utilizing its inherent powers when necessary. legislature, ensuring that its actions enhance, rather than undermine, the democratic process.
From the past to till India suffers to grapple with complex social, environmental, and economic challenges, the Supreme Court's role as a guardian of justice remains crucial. In this regard whether in protecting the environment, upholding human rights, or safeguarding accountability, the Supreme Court's proactive approach has been, and will continue to be, a cornerstone of India's democratic framework. In all these cases though the deliberation over judicial activism versus judicial overreach will likely remain, there is no denying that the court's interventions have often been the catalyst for positive change.
References:
- Basu, D.D. (2013). Introduction to the Constitution of India. LexisNexis Butterworths Wadhwa Nagpur.
- Seervai, H.M. (2013). Constitutional Law of India: A Critical Commentary. Universal Law Publishing.
- https://indiankanoon.org/
- https://www.sci.gov.in/
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