Judicial Innovation and its Active Intervention for protection of Human Rights

The term judicial innovation is used to specifically refer to the innovation by the Indian Judiciary which is unique to its own, that is Public Interest Litigation (PIL). The concept of PIL has brought revolution in the field of protection of Human Rights. The protection and preservation of environment and the allied rights is mainly a result of PIL. At the core of PIL concept lays the fact of Court relaxing the strict rule of locus standi. This resulted in various NGOs knocking the doors of Court for the cause of those who are unable to do so. 

The Courts have also shown their willingness in protecting Human Rights in two different ways. The first way is as exhibited in the case of Vishakha where court have, in the absence of any direct law on the point of sexual harassment of women at work places, relied on express aid from the International Convention on Elimination of All Forms of Discrimination Against Women, to which India is signatory. Another way is taking ‘rights approach’ in the matter before it. The express example, though rather controversial but recent, of this kind is a Delhi High Court Judgment in Naz Foundation Case the court has, by taking the rights perspective in consideration, declared section 377 of Indian Penal Code, criminalizing homosexual activities, as ultra vires to the Constitution of India. 

This and the discussion under the head judicial interpretation of Article 21, I feel, is sufficient to argue the point more forcefully that the Indian Judiciary is not blind towards protection of Human Rights in India on the contrary it is an active player in the field.