Understanding Habeas Corpus: The Writ Filed by Savukku Shankar’s Mother

The Madras High Court has instructed the Coimbatore District Legal Services Authority to furnish a report on the health status of Savukku Shankar, following a petition for a writ of habeas corpus filed by his mother. This directive comes after a four-member team from DLSA visited the prison to assess Shankar’s condition, as requested in a previous petition filed in the local court. Read more here on this issue at the following link.

But what is this writ petition that led to the High Court directing the DLSA to file a report? Let’s find out in the following article, where we’ll explore the significance of habeas corpus and its role in safeguarding individual liberties.

What is a writ petition?

The Constitution of India unequivocally guarantees every citizen certain fundamental rights, enshrined in Part III. These rights encompass essential pillars like equality, life, and liberty. However, mere provision isn’t enough; it’s imperative to safeguard and uphold these rights diligently. Absolutely. Articles 32 and 226 of the Indian Constitution empower every citizen to seek recourse in the Supreme Court or High Court respectively, should their fundamental rights be infringed upon. Through a writ petition, individuals can compel the courts to enforce these rights. With the powers vested in them by the Indian Constitution, the courts wield the power to issue writs for the protection and enforcement of fundamental rights.

There are five types of writs, each writ is issued in different circumstances and have different implications. The five writs are as Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and  these writs serve as a potent mechanism for enforcing the rights of individuals and compelling authorities to fulfill their duties as prescribed by law.

What is Habeas Corpus?

The literal meaning of the word “Habeas Corpus” is “You shall have the body”. Habeas Corpus stands out as one of the most crucial writs, safeguarding the right to freedom and personal liberty. It serves as a powerful legal recourse to prevent unlawful detention or imprisonment, ensuring that individuals are not deprived of their liberty without due process of law. Habeas Corpus ensures that if someone is held in custody, the authorities must have a valid reason. It protects people from being unfairly treated or discriminated against while detained. The courts use this writ effectively to make sure individuals are safe from unlawful imprisonment.

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