Human Rights and the Indian Constitution notes — Unit 4
Free unit-wise study notes on human rights and the indian constitution for Human Rights Law and Practice, Semester 6 of Bachelor of Laws (LLB) — key concepts, examples, important questions and a revision checklist for semester exams.
The Indian Vanguard. This final unit explores how human rights are practically enforced in India. While international treaties provide the theory, it is the Indian Judiciary (through Public Interest Litigation and the expansion of Article 21) that makes them a reality for the common citizen. It also highlights the crucial role of Non-Governmental Organizations (NGOs) in exposing state atrocities and providing legal aid to the marginalized.
Notebook — 3 pages
Page 1
Wink Notes
LLB — 6th Semester
Human Rights Law & Practice
— Unit - 5 —
1. The Role of the Judiciary
International Human Rights treaties are not automatically enforceable in Indian courts unless Parliament passes a specific law. However, the Indian Judiciary, particularly the Supreme Court, has brilliantly used the Constitution to absorb these international rights into domestic law.
⇒The Expansion of Article 21
Article 21 guarantees the "Right to Life and Personal Liberty." Post the Maneka Gandhi case (1978), the Supreme Court ruled that "Life" does not mean mere animal existence; it means a life of human dignity.
Through creative interpretation, the Court has read almost all Human Rights into Article 21: Right to a clean environment, right to privacy (Puttaswamy case), right to speedy trial, right to free legal aid, and the right against handcuffing and custodial torture.
Page 2
Wink Notes
LLB — 6th Semester
Human Rights Law & Practice
— Unit - 5 —
2. Public Interest Litigation (PIL)
Traditional law required 'Locus Standi' (only the person who suffered the injury could file a case). A poor, bonded laborer in a stone quarry could not afford to travel to the Supreme Court in Delhi to enforce his human rights.
⇒The PIL Revolution
In the 1980s (led by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer), the Supreme Court relaxed the rule of Locus Standi. Now, any public-spirited citizen, journalist, or NGO can file a writ petition in the SC (Art 32) or HC (Art 226) on behalf of the poor, marginalized, or oppressed who cannot approach the court themselves.
(Even a simple postcard written by a prisoner to a judge has been treated as a PIL).
Page 3
Wink Notes
LLB — 6th Semester
Human Rights Law & Practice
— Unit - 5 —
3. The Role of NGOs
Non-Governmental Organizations (NGOs) are the foot soldiers of the human rights movement. They bridge the gap between the victims on the ground and the courts.
⇒Key Functions of NGOs:
Fact-Finding & Documentation: Governments routinely cover up encounter killings and custodial deaths. NGOs like PUCL (People's Union for Civil Liberties) conduct independent fact-finding missions to expose the truth.
Filing PILs: The vast majority of landmark human rights judgments in India (like the Vishaka guidelines or the right to food) were the direct result of PILs filed by NGOs.
Awareness & Legal Aid: Educating villagers about their rights under the RTI Act, MGNREGA, or Forest Rights Act, and providing free lawyers to victims of state violence.
International Lobbying: NGOs like Amnesty International and Human Rights Watch report a country's abuses to the UN Human Rights Council, creating international pressure on the government to reform.
