How have judicial activism in India contributed to the protection and advancement of human rights? Discuss. Signify Cases.

Judicial activism is the proactive role played by judiciary in bringing change in the society. Judicial activism and Human rights protection: (1) Concept of PIL: In S.P Gupta Case, SC subverted the Locus Standi principle. Now anyone can go to courts for rights of disadvantaged sections and get justice. This provided avenue to protect Human rights of marginalised people. (2) Hussain Khatoon Case: SC directed the officials to provide free legal aid to undertrials & said Right to speedy trial as a fundamental right. (3) Sheela Barse Case: SC issued guideline to protect women prisoners from custodial violence. (4) Vishaka Vs state of Rajasthan: SC issued guidelines to protect

women from sexual harassment at work place. (5) M.C Mehta Case: SC closed down several polluting industries in Delhi as Right to clean environment is a Human right. (6) In Naz Foundation Case, SC decriminalized Homosexuality and in Navtej Singh Johar Case Transgender was recognized as third gender. (7) Banning Instant Triple Talaq, allowing women entry in Sabarimala temple etc. are other examples. Concerns: Although judicial activism fills the gap created by legislature and executive but it can sometime translate into judicial overreach for eg: Banning liquor on the roadside of Highways. Supreme Court has pointed out that unless exercising judicial activism court should also apply judicial restraint to protect Separation of Power doctrine. Human rights are organic like society and evolving time to progress [continues]