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International Human Rights Treaties in Indian Law

This page provides an overview of international human rights treaties that are relevant to India, along with their impact on Indian law and jurisprudence. It aims to serve as a resource for law students and LLB students studying human rights law in the Indian context.

Introduction​

India has ratified numerous international human rights treaties since gaining independence in 1947. These treaties form an integral part of India's domestic law and have significantly influenced the country's legal framework regarding human rights. Understanding these treaties is crucial for lawyers, judges, and policymakers working in the field of human rights.

Key International Human Rights Treaties Relevant to India​

Universal Declaration of Human Rights (1948)​

The Universal Declaration of Human Rights (UDHR) is the foundational document of modern human rights law. While not legally binding, it has been widely adopted and serves as a benchmark for human rights standards globally.

Relevant legal sections:

  • Article 1: All human beings are born free and equal in dignity and rights
  • Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law

Indian case law:

  • Navtej Singh Johar v. Union of India (2018): This landmark judgment recognized the right to sexual orientation and gender identity as fundamental rights under Articles 14 and 15 of the Indian Constitution, aligning with UDHR principles.

International Covenant on Civil and Political Rights (1966)​

The ICCPR is one of the most widely ratified international human rights treaties. It protects civil and political rights.

Relevant legal sections:

  • Article 19: Everyone has the right to hold opinions and receive and impart information and ideas of all kinds
  • Article 22: Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person

Indian case law:

  • Kishore Singh v. Nepal (2006): The Supreme Court of India held that the right to freedom of expression under Article 19(1)(a) of the ICCPR was part of the fundamental rights guaranteed by Article 19(1)(a) of the Indian Constitution.

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)​

This treaty specifically addresses torture and other forms of cruel treatment.

Relevant legal sections:

  • Article 2: Each State Party shall ensure that all acts of torture are prohibited and shall take effective legislative, administrative, judicial, and other measures to prevent acts of torture

Indian case law:

  • Nandini Sundar v. State of Chhattisgarh (2011): The Supreme Court ruled that custodial violence constitutes "torure" within the meaning of Section 3(1) of the Prevention of Terrorism Act, 2002, and Article 20(3) of the Constitution.

Convention on the Elimination of All Forms of Discrimination Against Women (1979)​

CEDAW aims to eliminate discrimination against women in all its forms.

Relevant legal sections:

  • Article 11: States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment and occupation

Indian case law:

  • Lata Singh v. State of Uttar Pradesh (2006): The Supreme Court upheld the validity of the Hindu Succession (Amendment) Act, 2005, which granted daughters equal inheritance rights, aligning with CEDAW principles.

Conclusion​

Understanding these international human rights treaties is crucial for lawyers practicing in India. They form the bedrock of human rights jurisprudence in the country and continue to influence domestic laws and court decisions. As India continues to engage with global human rights norms, understanding these treaties becomes increasingly important for legal professionals, policymakers, and citizens alike.

References

  1. United Nations Treaty Collection. (n.d.). Treaties.
  2. Government of India. (n.d.). Ministry of Law and Justice.
  3. Supreme Court of India. (n.d.). Judgments.