LLM Notes: The convention on civil and political rights 1966 and its relevancy in indian legal system

 The International Covenant on Civil and Political Rights (ICCPR), adopted in 1966 and effective from 1976, is a key multilateral treaty that commits its parties to respect and ensure a broad range of civil and political rights to all individuals under their jurisdiction without discrimination.

Key Provisions of the ICCPR

• Right to Life and Freedom from Torture: Articles 6-8 guarantee the inherent right to life, prohibit torture, slavery, and cruel or degrading treatment.

• Liberty and Security: Articles 9-11 protect against arbitrary arrest and detention and ensure humane treatment of detainees.

• Fair Trial and Due Process: Article 14 provides for equality before courts, presumption of innocence, right to a fair and public hearing, protection against double jeopardy, and rights of the accused such as legal counsel and appeal.

• Freedom of Movement, Thought, Religion, Expression, and Assembly: Articles 12, 18, 19, 21, and 22 secure freedoms essential to political and civil participation.

• Political Rights: Article 25 guarantees the right to participate in public affairs, vote, and access public service.

• Equality and Non-discrimination: Articles 2, 3, 26 ensure equal protection under the law and prohibit discrimination on various grounds.

• Rights of Minorities: Article 27 protects cultural, religious, and linguistic rights of minorities

The ICCPR also establishes a Human Rights Committee to monitor implementation and consider individual complaints under its Optional Protocol.

Relevance in Indian Legal System

India signed the ICCPR in 1978 but has not ratified it fully. Nonetheless, the principles enshrined in the ICCPR significantly influence Indian constitutional law and jurisprudence:

• Many rights guaranteed under the ICCPR correspond to Fundamental Rights under the Indian Constitution, such as the right to life and personal liberty (Article 21), freedom of speech and expression (Article 19), and equality before the law (Article 14).

• The Supreme Court of India has often referred to international human rights norms, including those in the ICCPR, to interpret and expand the scope of fundamental rights, reinforcing protections against arbitrary detention, torture, and ensuring fair trial standards.

• India’s commitment to the ICCPR principles supports its obligations under international law to respect civil and political rights and shapes legislative and judicial measures to uphold these rights domestically.

In summary, the ICCPR is a foundational international human rights treaty that elaborates civil and political rights, many of which align with and reinforce India’s constitutional guarantees. While India has not ratified the ICCPR, its provisions carry persuasive authority and guide the protection and promotion of human rights within the Indian legal framework.

 International Covenant on Civil and Political Rights (ICCPR) 1966 and its relevance to India:

What is the ICCPR 1966?

• It is an international treaty made in 1966.

• It protects civil and political rights of people.

• It came into force in 1976.

• Countries that join promise to protect these rights for everyone.

Important Rights Covered by ICCPR

1. Right to Life – No one can be killed unfairly.

2. Freedom from Torture – No torture or cruel treatment allowed.

3. Freedom from Arbitrary Arrest – You can’t be arrested without a good reason.

4. Right to a Fair Trial – Everyone gets a fair court hearing.

5. Freedom of Speech and Religion – You can speak and believe what you want.

6. Right to Vote and Participate in Politics – Everyone can join public affairs.

7. Equality and No Discrimination – Everyone is treated equally.

8. Rights of Minorities – Minorities can keep their culture and language.

How is ICCPR Relevant to India?

• India signed the ICCPR in 1978 but has not fully ratified it.

• Even without ratification, many ICCPR rights are already part of the Indian Constitution as Fundamental Rights, like:

  • Right to Life (Article 21)

  • Freedom of Speech (Article 19)

  • Equality before law (Article 14)

• The Supreme Court of India uses ICCPR principles to interpret and protect human rights better.

• ICCPR helps India follow international standards for human rights.

Quick Summary for Exam

ICCPR Rights	Related Indian Constitution Rights
Right to Life	Article 21
Freedom from Torture	Prohibition of torture under Article 21
Freedom of Speech & Religion	Article 19 (freedom of speech, religion)
Right to Fair Trial	Article 14 (equality before law) and Article 21 (due process)
Right to Vote	Article 326 (elections)
Equality & Non-discrimination	Article 14 and Article 15

Remember:

• ICCPR = International human rights treaty on civil & political rights.

• India signed but not fully ratified.

• ICCPR rights are mostly in Indian Constitution.

• Supreme Court uses ICCPR to protect rights.

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