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"Experience shows that governments are notoriously remiss in discharging their obligation. Consequently, the role of protection of human rights falls to the lot of the judiciary," said Mr. Soli J Sorabjee, Attorney General of India. "Human Rights are not gifts conferred by the State. Constitutions do not create Human Rights. They are enacted to protect Human Rights which inhere in individuals antecedent to Constitutions and laws," said the Attorney General. In this light he stressed upon the importance of an independent and impartial judiciary in protecting and promoting human rights.
Mr. Soli Sorabjee was delivering the 3rd Justice J.K. Mathur Memorial Lecture, on Judicial Protection of Human Rights in India, to the participants of the 3rd Post Graduate Diploma Course in Human Rights at Rural Litigation and Entitlement Kendra (RLEK) here today. The Kendra offers a full time PG Diploma Course in Human Rights recognised by the Visva-Bharati, Santiniketan. The course looks at Human Rights from a South Asian Perspective and has participants from SAARC countries.
While tracing the history of judicial protection of Human Rights in India through landmark judgements, provisions in the Constitution and judicial interpretation of the Constitution, Mr. Soli Sorabjee praised the courts and the judiciary for their commendable and concerted efforts towards the protection of human rights. He specially appreciated the role of the Supreme Court in incorporating some of the Directive Principles into the fundamental rights, for liberalisation of the rule of locus standi and for its contributions towards the rights of prisoners and undertrials. However, he was quick to point out that, " The horrendous arrears of cases in courts is a shameful blot on our legal system, especially the criminal justice delivery system."
He remarked that, PIL has empowered concerned citizens and groups to approach the courts of law on behalf of the marginalized and voiceless sections of society, however he also mentioned that PIL had been abused in some cases and had also degenerated into PUBLICITY, PRIVATE and POLITICAL interest litigations.
The Attorney General emphasised on the need for awareness and respect for human rights amongst every citizen if a human rights culture was to be attained. "What is required is a concerted drive, a crusade in which the government, the bar, the bench and NGOs all have to play their respective roles," he added.
The function was presided over by Mr. Justice Brijesh Kumar, Judge Supreme Court of India. In his presidential address the Hon'ble Judge praised RLEK for its commendable work. Recalling the famous PIL, filed by RLEK against limestone mining in the hills of Mussoorie and Dehradun, Justice Brijesh Kumar lauded RLEK for initiating judicial activism in the field of environment.
"Challenges to Human Rights can be met by enforcing laws and at the same time brining about awareness amongst the citizens," he said. According to him, the need of the hour was balanced economic development for the economically deprived.
Mr. Justice S. B, Sinha, Chief Justice of Delhi High Court, the Chief Guest at the Memorial Lecture, paid tributes to Late Justice J.K. Mathur and mentioned that Justice Mathur had been a crusader for the cause of Human Rights.
Justice Sinha opined that the present day society was divided on various counts. According to him empathy, wisdom, mutual love and trust were the key for survival of mankind.
Mr. Avdhash Kaushal, Chairperson RLEK, welcomed the distinguished dignitaries.
Mr. Mahinda Rajapaksa, Leader of Opposition, Government of Sri Lanka and Mr. Justice Pradeep Kant, Judge, High Court of Uttar Pradesh, were also present on this occasion.
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