As future legal professionals, it is essential to track how the Supreme Court is evolving its interpretation of fundamental rights. Here is a look at three recent shifts that are redefining the relationship between the State and the individual, perfect for discussion in law schools in Kerala.
The Bench: Justice J.B. Pardiwala and Justice R. Mahadevan
For years, the legal system treated survivors of sexual exploitation through a narrow, criminal-justice lens, often viewing them as offenders under the Immoral Traffic (Prevention) Act (ITPA). The journey to this ruling was long, building on past milestones like Vishal Jeet v. UOI (1990), Bandhua Mukti Morcha v. Union of India (1984), and Budhadev Karmaskar v. State of West Bengal (2022), all of which progressively argued that survivors need more than just legal processing.
The Shift: The Court realized that "rescue" is meaningless without a path to normal life. By mandating a Victim Protection Plan (VPP), the Court has shifted the focus from policing to dignity. Drawing heavily on Articles 21 and 23 of the Constitution and the global standards of the Palermo Protocol, the Court ruled that rehabilitation is a state obligation. It’s a move toward recognizing survivors as individuals with a fundamental right to safety, education, and reintegration, rather than just "victims" in a police file.
The Cases: In Re: Condition Being Imposed... (Odisha) & Sachin Yadav v. State (NCT of Delhi)
The Benches:In Re: Odisha: Chief Justice Surya Kant and Justice Joymalya Bagchi Sachin Yadav: Justice Dipankar Datta and Justice Satish Chandra Sharma
We’ve seen some bizarre trends lately: lower courts forcing accused persons to clean police stations or banishing them from their own homes as a "condition" for bail. The situation in Odisha was particularly alarming, where courts ordered accused persons to clean the premises of the Kashipur Police Station. An investigation revealed that Justice S.K. Panigrahi of the Orissa High Court alone had passed at least 50 such orders between April and September 2025. Which means these "broom-bearing" tasks were not just arbitrary, but deeply discriminatory.
The Shift: The Supreme Court intervened via Suo Motu action to remind the judiciary that bail is not a sentence. It is meant only to ensure a person shows up for trial. By striking down these "creative" conditions, the Court has sent a clear message: the bench cannot be a tool for caste-based shaming or social engineering.
The Case: Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors. (2026) The Bench: Justices P S Narasimha and A S Chandurkar
The genesis of this case was heartbreaking: a five-year-old child lost his life while walking on a road because there was no safe footpath. This tragedy exposed the systemic failure of our urban planning, which has been almost exclusively designed for motor vehicles.
The Shift: The Court officially elevated the "Right to Walk" to a fundamental right under Article 19 and Article 21. A major part of this ruling is the critique of the Motor Vehicles Act (MVA), 1988, which the Court noted is entirely "vehicle-centric". The MVA focuses on traffic regulation and compensation, but it fails to address the root cause: the lack of pedestrian infrastructure. By exercising Suo Motu intervention, the Court has now
placed a positive duty on municipalities and panchayats to provide safe footpaths. For students pursuing a 5 year LLB program, this judgment provides a masterclass in how constitutional rights can override older, static legislation. Sidewalks are no longer optional "amenities"—they are now a constitutional requirement. This isn't just about engineering; it’s about creating inclusive, social spaces.
These judgments show a judiciary that is increasingly focused on the "human" side of the law. For any student enrolled in an LLB affiliated college, these cases serve as essential reading for understanding the future of Indian jurisprudence.
As you study these cases, consider whether these judgments represent necessary "judicial activism." When the Supreme Court steps in to manage city planning (Right to Walk) or regulate the specific wording of bail orders, is it filling a vacuum left by the Legislature? How does this influence the traditional separation of powers in India?
Legal Glossary
Suo Motu: Latin for "on its own motion." This occurs when the Court takes cognizance of a case based on its own awareness without a formal petition from a party.
Article 21 (Right to Life and Personal Liberty): A dynamic constitutional provision interpreted to include rights like dignity, health, and a clean, safe environment.
Article 23 (Prohibition of Trafficking and Forced Labour): A fundamental right that prohibits human trafficking, beggary, and other similar forms of forced labour.
Palermo Protocol: An international treaty aimed at preventing, suppressing, and punishing trafficking in persons, particularly women and children.
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