LLM Notes: International Conventions for Human Rights and Their Reference to Indian Constitutional Law

 Key International Human Rights Conventions

International human rights conventions establish universal standards for the protection of human rights. India has ratified several of these conventions, aligning its domestic laws with global norms. The most significant conventions include:

1. Universal Declaration of Human Rights (UDHR): Adopted in 1948, this foundational document outlines basic human rights such as equality, freedom, and dignity. Though not legally binding, it has influenced India's constitutional framework, particularly the Fundamental Rights and Directive Principles of State Policy.

2. International Covenant on Civil and Political Rights (ICCPR): Ratified by India in 1979, this treaty ensures civil liberties like the right to life, freedom of speech, and due process. Many provisions of ICCPR correspond to Fundamental Rights under Part III of the Indian Constitution.

3. International Covenant on Economic, Social and Cultural Rights (ICESCR): Also ratified in 1979, ICESCR focuses on socio-economic rights such as education, health, and shelter. These rights are reflected in Part IV (Directive Principles of State Policy) of the Constitution.

4. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Ratified by India in 1993, CEDAW promotes gender equality. However, India has reservations regarding provisions conflicting with personal laws.

5. Convention on the Rights of the Child (CRC): Ratified in 1992, CRC guarantees children's rights to protection and development. Its principles are embedded in laws like the Juvenile Justice Act.

6. Convention on the Rights of Persons with Disabilities (CRPD): Ratified by India in 2007, CRPD ensures equal opportunities for persons with disabilities.

Indian Constitutional Framework and Human Rights

The Indian Constitution incorporates international human rights principles through Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV). Key provisions include:

1. Fundamental Rights:

   • Articles 14-18 guarantee equality before law.

   • Article 19 ensures freedoms such as speech and expression.

   • Article 21 protects life and personal liberty, mirroring ICCPR provisions.

2. Directive Principles:

   • Articles 36-51 reflect socio-economic rights akin to ICESCR, such as education (Article 45) and public health (Article 47).

3. Article 51:

   • This directive principle explicitly directs the state to foster respect for international law and treaty obligations.

Judicial Interpretation and Application

Indian courts have played a pivotal role in harmonizing international conventions with domestic law:

1. Kesavananda Bharati v. State of Kerala (1973): The Supreme Court recognized human rights as integral to the Constitution's "basic structure," ensuring they cannot be abrogated even by constitutional amendments.

2. Chairman, Railway Board v. Chandrima Das: The court emphasized that UDHR principles are embedded within India's constitutional guarantees.

3. Gramophone Co. v. Birendra Bahadur Pandey: The Supreme Court held that international law can be incorporated into domestic law unless it conflicts with parliamentary acts.

Challenges in Implementation

India faces challenges in fully integrating international human rights norms due to conflicts between domestic laws and treaty obligations:

• Reservations on treaties like CEDAW reflect concerns over personal laws conflicting with international standards.

• International treaties require legislative enactment to become enforceable in India under Article 253 of the Constitution.

Role of NHRC

The National Human Rights Commission (NHRC), established under the Protection of Human Rights Act, 1993, monitors compliance with international conventions and advises the government on aligning domestic laws with global standards.

Conclusion

India's constitutional framework demonstrates significant alignment with international human rights conventions through Fundamental Rights and Directive Principles. Judicial interpretation has further strengthened this integration by harmonizing international norms with domestic laws while addressing conflicts where necessary. However, challenges remain regarding reservations and legislative implementation, requiring continued efforts to balance sovereignty with universal human rights principles.

Print Page