Judicial Activism and Human Rights in South Asia: A Comparative Study of Bangladesh, India and Pakistan

Abstract

This paper aims to evaluate the effectiveness of judicial activism in ensuring accountability and human rights which contribute to ensuring good governance in South Asia focused on Bangladesh, India, and Pakistan. Recently, the doctrine of judicial activism is practicing in South Asia but predominantly in India. In South Asia, it has gained momentum in changing society due to the failure of representative institutions (Islam, 2018). Some contemporary case laws of Bangladesh, India and Pakistan have been analyzed in this paper and it has been found that the judicial system and judicial activism of South Asia have several limitations. However, the judiciary of India is comparatively more effective and independent in ensuring individual rights than Bangladesh and Pakistan’s judiciary. Human right is one of the crucial and pressing issues throughout the world and South Asia is not out of them.  The findings of this paper would be helpful for taking new policies of selected countries. This is a comparative and descriptive case study and is based on secondary sources of data and information.

Keywords: Judicial Activism, Bangladesh, India, Pakistan, Human Rights.

DOI: 10.7176/PPAR/11-9-02

Publication date: November 30^th 2021