Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

HUMAN RIGHTS IN INDIA: CONSTITUTIONAL GUARANTEES, JUDICIAL EVOLUTION, AND CONTEMPORARY CHALLENGES

Cite this Article

Khushi Thakur (2026). HUMAN RIGHTS IN INDIA: CONSTITUTIONAL GUARANTEES, JUDICIAL EVOLUTION, AND CONTEMPORARY CHALLENGES. The Indian Journal for Research in Law and Management, Volume III(Issue 11). Retrieved from https://ijrlm.com/journal/human-rights-in-india-constitutional-guarantees-judicial-evolution-and-contemporary-challenges/

Abstract

India's human rights system is built upon a carved Constitution that ensures enforceable fundamental rights, a judiciary motivated to interpret these rights broadly, and a collection of statutory bodies established to oversee adherence. Over time, the Supreme Court has expanded Article 21 from a limited protection against arbitrary government actions to include rights to privacy, a clean environment, and protection from climate change. However, India's actual practices often differ from these constitutional promises. Custodial violence is still common, old speech restrictions from colonial times persist in practice, and the main human rights body in India faces international criticism for lacking independence. This article explores the constitutional and judicial framework for human rights protection in India, looks at the systems set up to enforce it, places Indian practices in the context of international treaty obligations, and identifies the main differences between official guarantees and real-life experiences. It ends with suggestions for reforms to bridge this gap.

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The Indian Journal for Research in Law and Management
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2583-9896
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