UPSC Notes

Judicial Activism and Protection of Rights for Marginalized Communities

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

This concept tests understanding of constitutional provisions (Article 142), the judiciary's role in social reform, and the application of fundamental rights to vulnerable groups, which are core to Indian Polity and Social Justice.

The Indian judiciary, particularly the Supreme Court, plays a crucial role in upholding the Constitution and protecting the fundamental rights of all citizens, including marginalized communities. Through judicial review and powers like Article 142, it can issue directions to ensure complete justice and fill legislative gaps.

Phase IIStatic core

Facts & tables

Key facts

Article 142

Grants the Supreme Court power to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it.

Constitutional Rights

The judgment affirms that constitutional rights (e.g., Article 14, 19, 21) apply to all, irrespective of societal disapproval of their profession.

Consent vs. Trafficking

Rejects the conflation of migration with trafficking and mandates inquiry into consent for adult sex workers, prohibiting forced rescues.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance
Conceptual areaSocial Justice & Development

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaIssues judgment/directions
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Conceptual understanding

Prelims angle: Institutional roles and functions

Quick revision

  • SC invoked Article 142 for 'complete justice' in sex work cases.
  • Affirmed constitutional rights for consenting adult sex workers.
  • Mandated inquiry into consent, rejecting forced rescues.
  • Departed from traditional anti-trafficking discourse.
  • Highlights judiciary's role in protecting marginalized groups.

High-confidence PYQs

Topic timeline

Indian Polity & GovernanceSocial Justice & Development

Analysing the Supreme Court’s judgment on sex work

03 Aug 2026 · The article analyzes a landmark Supreme Court judgment (May 29, 2026) that recognizes the constitutional rights of sex workers, rejects forced rescues for consenting adults, and emphasizes the importance of consent, invoking Article 142. While progressive, the judgment is critiqued for not acknowledging sex worker collectives and for placing faith in institutions (police, magistrates, shelter homes) that have historically failed marginalized communities, particularly Dalit and Adivasi women, due to caste discrimination and economic marginalization. The article also highlights the problematic role of the 'anti-trafficking industry' and NGOs in perpetuating coercive practices. It concludes by stressing the need for sex workers' central involvement in implementation, scrutiny of NGOs, and ensuring access to existing welfare architecture for sex workers as rights-bearing citizens.

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Related topics

Current topic

Judicial Activism and Protection of Rights for Marginalized Communities

Practice writing on this topic

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UPSC Prelims PYQs on Judicial Activism and Protection of Rights for Marginalized Communities

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