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SC: Judicial activism better than ignoring plight of poor

NEW DELHI: Facing criticism from various quarters, including the Centre, for overstepping its domain through Judicial Activism, the Supreme Court on Friday said the judiciary would be left with no option if the government failed to discharge its duty and problems of the poor and voiceless remained unaddressed.
“Should the judiciary take corrective steps and be accused of judicial activism or overreach – or should the cynics and skeptics have their day resulting in the grievances of the voiceless and disadvantaged remaining unheard and the fundamental and human rights lying unaddressed?” a bench of Justices Madan B Lokur and Deepak Gupta said while passing a slew of directions for protection of rights of children, particularly those who are caught on the wrong side of law.
“What can a citizen do if the state pays no attention to his or her fundamental or human or statutory right, nor takes serious interest in fulfilling its constitutional or statutory obligations? What if that citizen is a voiceless child or someone whose voice cannot be heard over the din of governance – for example, physically or mentally challenged persons, senior citizens, and other disadvantaged sections of society such as scheduled castes, tribals and several others?” the court asked.
Taking a dig at the Centre and state governments for its failure to take effective steps to protect child rights, the bench said it was compelled to pass directions as they have failed to enforce various laws including Commissions for Protection of Child Rights Act and Juvenile Justice (Care and Protection of Children) Act in true spirit, leading to rights of children being violated. “It is easy to forget that children also deserve dignified treatment and merely because they have no voice in the affairs of state, it does not mean that they are inconsequential members of society, who can be compelled to live in conditions that are uncomfortable and who have little or no access to justice,” it said. Source : timesofindia



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SC: Judicial activism better than ignoring plight of poor

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