LLM Notes: The Declaration on the Right to Development (DRTD): Its Global Impact and Practical Application in India

 The Declaration on the Right to Development (DRTD), adopted by the United Nations General Assembly on 4 December 1986 (Resolution 41/128), is a foundational document that recognizes development as an inalienable human right. It asserts that every individual and all peoples have the right to participate in, contribute to, and enjoy economic, social, cultural, and political development, with the aim of the constant improvement of well-being for all.

Key Features of the DRTD

• People-Centered Development: The Declaration places people at the center of development, emphasizing their active, free, and meaningful participation.

• Non-Discrimination and Equality: It mandates that the benefits of development must be fairly distributed and that development should occur without discrimination of any kind.

• Sovereignty and Self-Determination: The DRTD recognizes the right of peoples to self-determination and full sovereignty over their natural wealth and resources.

• Integration of Rights: The DRTD insists on the indivisibility and interdependence of all human rights-civil, political, economic, social, and cultural.

• International Cooperation: States are obligated to cooperate with each other to eliminate obstacles to development and foster a just international economic order.

Impact on Global Understanding and Implementation of Human Rights

The DRTD has had a significant influence on how human rights are understood and implemented globally:

• Holistic Approach: It reframed development as a multidimensional process, not limited to economic growth but including social justice, equality, and participation.

• Human Rights-Based Development: The DRTD established that development and human rights are mutually reinforcing, guiding international agendas such as the Sustainable Development Goals (SDGs).

• International Norms: The Declaration has influenced international treaties, regional charters (like the African Charter on Human and Peoples’ Rights), and global conferences, including the Vienna Declaration and Programme of Action (1993), which reaffirmed the right to development as universal and inalienable.

• Obligations for States and International Community: It clarified that both states and the international community are responsible for creating enabling environments for development and for ensuring fair access to resources and opportunities.

Impact on Indian Law

• Alignment with Constitutional Values: The DRTD’s principles resonate with India’s Constitution, particularly the Fundamental Rights and Directive Principles of State Policy, which emphasize equality, social justice, and the welfare of all citizens.

• Judicial Recognition: Indian courts have referenced the right to development when interpreting the right to life and other constitutional guarantees, reinforcing the state’s duty to promote holistic well-being.

• Policy Frameworks: India’s development policies, such as those ensuring the right to education, food, and work, reflect the DRTD’s focus on inclusive, participatory, and equitable development.

Practical Application in India

India demonstrates the practical application of the DRTD through various legal and policy measures:

• Inclusive Legislation: Laws like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), Right to Education Act, and National Food Security Act operationalize the right to development by ensuring access to basic needs and opportunities for all.

• Decentralized Governance: The Panchayati Raj system empowers local communities, ensuring active participation in development decisions, which is a core principle of the DRTD.

• Targeted Welfare Schemes: Programs focused on marginalized groups (such as Scheduled Castes, Scheduled Tribes, and women) seek to address historical inequalities and promote fair distribution of development benefits.

• International Advocacy: India uses the DRTD as a basis for advocating global equity, fair trade, technology transfer, and reform of international economic institutions, reflecting its commitment to both national and international dimensions of the right to development.

In summary:

The DRTD redefined development as a human right, shaping global and Indian approaches to human rights and development policy. In India, its principles are embedded in constitutional values, judicial interpretations, and practical governance, ensuring that development is participatory, inclusive, and aimed at improving the well-being of all citizens.