Unit 5:- Impact and implementation of international human rights norms in India

5.1. Human rights norms reflected in fundamental rights in the Constitution
5.2. Directive Principles: legislative and administrative implementation of international human rights norms
5.3. Implementation of international human rights norms through judicial process

5.1 Human Rights Norms in Fundamental Rights

Introduction & Definition

The Universal Declaration of Human Rights (UDHR), 1948 served as a blueprint for Part III of the Indian Constitution. Almost every civil and political right found in the ICCPR has a corresponding Fundamental Right in India.

Statutory Provisions

  • Articles 14 to 32: The Fundamental Rights.
  • UDHR & ICCPR: International benchmarks.

Comparison Table: International Norms vs. Indian Constitution

UDHR/ICCPR Article

International Right

Indian Constitutional Article

Article 7 (UDHR)

Equality before the law.

Article 14

Article 9 (UDHR)

Protection against arbitrary arrest.

Article 22

Article 18 (UDHR)

Freedom of religion.

Article 25

Article 6 (ICCPR)

Right to life.

Article 21

Exam-Style Conclusion

Part III of the Constitution is effectively the “Bill of Rights” for India. In an exam, emphasize that these rights are justiciable, meaning they can be enforced directly through the Supreme Court under Article 32.

5.2 Directive Principles: Legislative & Administrative Implementation

Introduction & Definition

Part IV of the Constitution contains the Directive Principles of State Policy (DPSP). These reflect the Economic, Social, and Cultural rights found in the ICESCR. While they are not enforceable by courts, they are “fundamental in the governance of the country.”

Statutory Provisions

  • Article 37: DPSP are not justiciable but are mandatory for law-making.
  • Article 51(c): Mandates the State to foster respect for international law and treaty obligations.

Essential Ingredients of Implementation

  • Legislative Action: Passing laws like the Maternity Benefit Act, MGNREGA, and the Right to Education Act.
  • Administrative Schemes: Implementing the Mid-day Meal scheme or National Health Mission to fulfill rights to food and health.

Exam-Style Conclusion

Directive Principles serve as the bridge between international social-welfare ideals and Indian reality. The State uses its legislative power to convert these “pious wishes” into “statutory rights” for the citizens.

5.3 Implementation through Judicial Process

Introduction & Definition

The Indian Judiciary, particularly the Supreme Court, has been the most proactive organ in implementing international human rights. Through Judicial Activism and Public Interest Litigation (PIL), the courts have imported international norms to fill gaps in domestic law.

Key Judicial Doctrines

  • Doctrine of Harmonious Construction: Reading domestic law in a way that it doesn’t conflict with international obligations.
  • Expanding Article 21: The Court has included the right to privacy, clean environment, and free legal aid under the “Right to Life” by citing international conventions.

Landmark Case Laws

  1. Vishaka v. State of Rajasthan (1997):
    • Facts: A social worker was gang-raped; there was no domestic law against workplace sexual harassment.
    • Issue: Can the Court use international conventions to create guidelines?
    • Judgment: The SC relied on the CEDAW convention to lay down the “Vishaka Guidelines,” proving that in the absence of domestic law, international conventions are binding.
  2. Jolly George Varghese v. Bank of Cochin (1980):
    • Facts: A person was being imprisoned for failing to pay a civil debt.
    • Issue: Does this violate the ICCPR?
    • Judgment: Justice Krishna Iyer held that under Article 11 of ICCPR, no one shall be imprisoned for a breach of contract. This international norm was used to protect the debtor’s personal liberty under Article 21.
  3. National Legal Services Authority (NALSA) v. Union of India (2014):
    • Judgment: The Court recognized the rights of transgender persons by citing international human rights principles of gender identity and self-determination.

Exam-Style Conclusion

The Indian Judiciary acts as the “sentinel on the qui vive” (watchful guardian). By treating international human rights as part of the “Common Law of India,” the courts ensure that India remains aligned with global humanitarian standards.

 

PreviousNext