SUPREME COURT CASE ANALYSIS ON HUMAN RIGHTS STANDARDS.
- Trainee Judicial Clerkship Bhopal District Court, Bhopal, M.P., India.
- Abstract
- References
- Cite This Article as
- Corresponding Author
The Supreme Court of India, considered as the epitome of Justice in India, upholds the Human Rights through Fundamental Rights and Directive Principles of State Policy. The expression 'fundamental' indicates that all human beings are endowed with certain rights that are essential for human existence and for flourishing of the human persona and mind. Hence, these rights tend to protect the dignity of the individuals and create conditions in which the human beings can develop their personality to the fullest extent. In A.D.M., Jabalpur v. S. Shukla, Beg, J., observed that the object of making certain general aspects of rights fundamental is to guarantee them against illegal invasion of these rights by executive, legislative or judicial organ of the State. The Supreme Court of India has recognised these fundamental rights as ‘natural rights' or 'human rights'. Chief Justice Patanjali Shastri has referred to fundamental rights as 'those great and basic rights which are recognised and guaranteed as the natural rights inherent in the status of a citizen of a free country’. Similarly, the Chief Justice Subba Rao in I.C. Golakanath v. State of Punjab has very rightly observed that 'fundamental rights are the modern name for what have been traditionally known as natural rights.' They are moral rights which every human being everywhere at all times ought to have simply because of the fact that in contradiction with other beings, he is rational or moral. It hardly matters that by what name they are known . This paper will deal with various cases of Supreme Court in upholding Human Rights Standards. Human Rights, Law, Supreme Court.
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[Riyanka Roy Choudhury. (2016); SUPREME COURT CASE ANALYSIS ON HUMAN RIGHTS STANDARDS. Int. J. of Adv. Res. 4 (Dec). 2432-2441] (ISSN 2320-5407). www.journalijar.com
