Public Interest Litigation and Human Rights in India

The Constitution of India grants the right to move the Supreme Court of India under Article 32 and the High Courts under Article 226, for enforcement of the Fundamental Rights. The Supreme Court of India http://supremecourtofindia.nic.in/ has been described many commentators as “The World’s Most Powerful Court”. This is attributable to the development of jurisprudence of judicial activism under Article 32 of the Constitution of India which gives the Supreme Court original jurisdiction to issue directions, orders or writs for the enforcement of any of the fundamental rights guaranteed by the Constitution of India. This jurisprudence is referred to in India as “Public Interest Litigation”

It is through the mechanism of Public Interest Litigation (“PIL”), that the courts seek to protect human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, and so on emerge as human rights.