Rural Litigation & Entitlement Kendra


Mr. Chaman Lal speaks about the Judicial Activism


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Mr. Chaman Lal addressed the participants of the PG diploma course in Human Rights on the 30th of July and 31st July. On the first day he extensively spoke about the Judicial Activism, he said Judicial activism does not find any mention in constitution, it is not defined anywhere but is widely talked about in all section of society, NGOs and bureaucrats. Assertion of Judiciary and its power is judicial activism, many people label it is over active judiciary. Keshvanand Bharati Vs. Kesala, Minerva Mills Vs. Union of India, India of Gaudlis Vs. Raj Naraian & S.P. Vs. Union of India etc. are few landmark cases that highlight judicial activism.

Using judicial activism as a weapon Supreme Court gives directive through government. In Vineet Narayan Vs. Union of India, the famous Hawala case Supreme Court monitored the riweshgahous, it issued directives for CBI and intelligence services to be present in all hearings. He said that Judicial reforms are needed therefore judicial activism should go hand in hand with judicial restraint.

He talked about how National Human Rights Commission came into being and what is its constitution. Mr. Chaman lal talked extensively about works of NHRC and all that it has achieved in a short time span. He cited many examples where immediate compensation was given for eg. Govt. of Tamilnadu case etc. although NHRC's recommendations are not binding but nevertheless the erring party implements them. He spoke about review of National Human Rights Protection Act under Justice Ahmedi Committee so that more power can be entrusted into working of NHRC.

He also discussed State Human Rights Commission and their formation. He elaborated upon the States that have in Human Rights Commission. According to him Uttar Pradesh is the state that tops human rights violation yet does not have a State Human Rights Commission.

NHRC has powers to take suo-moto cognizance against any politician, public servants. It has already dispersed lot of money, approx. Rs.13 crore as compensation to victims of custodial violence and rape. NHRC moved to Supreme Court to protect the rights of chalcua refugees. NHRC also showed great concern about gross misuse of TADA, and with its efforts this draconian act met its end.

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