South Asian Perspective of Human Rights Jurisprudence with Special Reference to India

The progressive advancement of civilization and the adherence to human dignity form the fundamental basis of human rights jurisprudence. The right to life, regarded as a natural right, encompasses not merely physical existence but also necessitates a consideration of its qualitative aspects. The judiciary, as a governmental agency, is perceived as the most pivotal institution through its activist role in safeguarding human rights within the South Asian context. In this context, the enhancement of human rights literacy and the establishment of a robust legal culture is necessity. The central thesis of the proposal asserts that the judiciary, through a liberal interpretation of laws, has expanded the scope of its locus standi in South Asia broadly and in India specifically, thereby facilitating the enlargement of rights aimed at rendering life meaningful rather than a mere vegetative state, particularly in relation to life and personal liberty, functioning as a reformative and prudent strategy that allows for the exploration of alternatives while considering existing conditions and potential harms that may arise. The rule of law, as an essential element of governance within the South Asian region, is predicated upon a foundation that accords due respect for human rights and liberties. The safeguarding of human rights, intrinsically linked to the dignity of the individual, embodies the essence of the democratic framework. The core of the proposal resides in the necessity for a global perspective on human rights, particularly in light of the current challenges faced by numerous South Asian states, which are grappling with issues such as terrorism, organized crime, and human trafficking. These challenges can be effectively addressed through a judicial administration that is augmented by contemporary technological advancements, thereby evolving a system that ensures the robust protection of individuals engaged in legal proceedings. The proposal aims to explore the relationship between the judiciary and the executive in the context of human rights protection, thereby conforming to the principles of justice and fair play to ensure a significant reduction in human rights violations, particularly concerning those individuals who are unable to undertake a legal battle against formidable and powerful adversaries who exploit them.