Abstract:

Human rights in general and crime victims' rights in particular are at the heart of this research. The research relies heavily on the legal judgments of the Supreme Court of India and Various High Courts from 1950 to 2014. Too much time has passed from 1950 to 2014 for it to be covered in depth and detail in a single dissertation. The 1980s was a watershed moment as the Indian Judiciary embraced judicial activism. Therefore, although the years 1980–2014 get more (analytical) focus, the years 1950–1979 will serve as a foundation and be offered for restricted study. India's courts have been more lenient in their protection of citizens' rights to liberty in recent years. The judiciary has been more committed to enforcing human rights laws and providing everyone with Constitutional protection. The judiciary has been very vigilant in ensuring that the Constitution's mandates are carried out and that the state provides a fair and compassionate environment for its citizens. One indicator of a state's level of civilisation is how well its legal system upholds and protects citizens' human rights. Protection of the accused's and victim's human rights is also an essential factor to consider. The purpose of this research is to look at judicial activism in human rights from an Indian viewpoint, specifically looking at compensation for victims of gender-based violence. The judiciary has been more active in its approach to matters involving the defense of human rights. The Indian Judiciary has relied on the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, and other allied instruments in its decisions on a wide range of human rights cases. When the executive and legislative branches sat on their hands and did nothing to advance human rights, the judiciary stepped up to the plate. The judiciary has shown to be especially concerned with safeguarding civil liberties. In a number of decisions, the Supreme Court of India and lower courts have affirmed, emphasized, and enforced human rights.

Description:

Legislative and Constitutional, Human Rights, India, Political Rights, Indian Judiciary.