Thus the judges have evolved this human rights jurisprudence to uphold the constitution and constitutional commitment to its people. There are certain rights in the Indian Constitution declared as fundamental and the rest of the certain rights are socio-economic rights which are dependent on the whims and fancies of the state to get enforced. Hence Supreme Court in various cases evolved human rights and made those socio economic rights as the part of fundamental rights.
This chapter will be dealing with those human rights which the Supreme Court has evolved as fundamental rights being unenumerated in Article 21. During the post emergency period, the Supreme Court has not only resurrected Article 21 from oblivion but has even put it on the highest pedestral. The Supreme Court gave a bundle of rights under Article 21 and these rights included both the positive rights and also the negative rights. This bundle of rights included disadvantaged and deprived on the one hand and this also included the prisoners , undertrials, victims of rape and fake encounters. These are the examples of unenumerated rights which though do not form a express part in Article 21 but has been made a part by interpreting Article 21. This article has positive and negative rights and on this point Justice Bhagwati had observed:
It is true that Article 21 is worded in negative terms but it is now well settled that Article 21 has both negative and affirmative dimensions. Positive rights are very well