Contact Us
Click Here

"Role of Judiciary in interpreting and enforcing the Constitutional mandate of “Protective Discrimination”", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.8, Issue 2, page no.488-499, February-2021, Available :http://www.jetir.org/papers/JETIR2102053.pdf

• Inderpreet Kaur

The judiciary had not been lagging behind in removing the atrocities against dalits but had done an immense commendable work through various monumental and celebrated decisions for the uplift of the conditions of these weaker sections. The courts had taken a very serious view in respect of untouchability. The Judiciary acted as a bastion of freedom and protector of the rights of the people. And law must be capable of expanding the freedom of the people, the legal order must be deployed with utmost equal care to combat a highly inequitable social order. The mandate of the Constitution would be a reality only when law was enforced strictly; the implementation and interpretation was to be measured by the factual improvement in the quality of the life of dalits. In (Cr. L.R (1993) p. 85) ‘the Judges, were advised to respond to the human situations to meet the felt necessities of the time and social needs, meaningful right to life and gave effect to the Constitution and the will of the 1egislature. In interpreting the Act (i.e. Scheduled Castes and Scheduled Tribes Act, 1989) the judge should be cognizant to and always keep at the back of his/her mind the Constitutional goals and the purpose of the Act and interpret the provisions of the Act in the light thus shed to annihilate Untouchbility, to accord to the Dalits and the Tribes right to equality, social integration a Fruition and fraternity a reality.” Judicial Approach in Respect of Constitutional Provisions The approach towards Dalits, adopted by Supreme Court and High Courts could be discussed under the following heads:

Role of Judiciary in interpreting and enforcing the Constitutional mandate of “Protective Discrimination”

"Role of Judiciary in interpreting and enforcing the Constitutional mandate of “Protective Discrimination”", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.8, Issue 2, page no. pp488-499, February-2021, Available at : http://www.jetir.org/papers/JETIR2102053.pdf