Concept
Note
The legal approach
in protecting the human rights has two sides:
1)To enact laws
which are capable of protecting the rights of the citizens.
2)To have an
efficient mechanism to implement these laws meaningfully.
It
is imperative to ensure that both sides of the legal approach works properly.
As far as India is concerned, it has moved a long way forward in enacting very
effective and powerful laws to protect the rights of all citizens in general
and the rights of the vulnerable groups in particular. In comparison to many other countries,
India’s track records in this regard is excellent and exemplary. The failure of India has always been at the
implementation level. It is a matter of
sheer contradiction, that despite having a strong constitution of which we all
are very much proud of, and powerful laws enacted by the Parliament and
different state govts. from time to time,
the country always rank in a very
low position in the world rankings in matters related to protection of
different kinds human rights, conviction rate etc.
According
to the constitution of India, the state is responsible to ensure the rights of
the citizens. However, when a citizen
is denied a right, or faces any kind of injustice, it is the courts that he/she
normally resorts to. That is why those
who framed the Constitution of India envisaged the role of judiciary very vital
in securing the fundamental rights of the citizens. But even after 70 years of
independence, there has been hardly any serious attempt to make comprehensive
reforms in this area. This paper
analyses the major areas related to the judicial system of India, which require
urgent and comprehensive reforms.
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