INDIA’S IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS: ACHIEVEMENTS AND CHALLENGES BY - SRISHTI MALHOTRA
INDIA’S IMPLEMENTATION OF INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS: ACHIEVEMENTS AND CHALLENGES
AUTHORED BY - SRISHTI MALHOTRA,
Student, BA LL.B (H) [4th Year],
Amity Law School, Noida, AUUP
ABSTRACT
This research explores India’s commitment to international
human rights frameworks and its implementation of international treaties and
conventions. By analysing India's ratification of major human rights
instruments, including the Universal Declaration of Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR), and the
International Covenant on Economic, Social, and Cultural Rights (ICESCR), this
study examines the alignment of Indian laws with international standards. The
research highlights both the successes and challenges faced by India in
fulfilling its human rights obligations, such as socio-economic factors,
political inefficiencies, and cultural reservations. It also investigates the
role of institutions like the National Human Rights Commission (NHRC) and the judiciary
in safeguarding human rights and provides case studies to illustrate areas of
non-compliance. The paper concludes with recommendations for strengthening
India's human rights framework through legislative reforms, better enforcement
mechanisms, and active engagement with international monitoring processes.
Keywords: International
Human Rights, India, Human Rights Treaties, NHRC, Legislative Reforms
INTRODUCTION
In a rapidly
globalizing world, human rights have emerged as a cornerstone of international
relations and domestic governance. The concept of human rights gained
prominence after the Second World War, culminating in the Universal Declaration
of Human Rights (UDHR) in 1948. This milestone document
laid the foundation for subsequent international treaties aimed at protecting
civil, political, economic, social, and cultural rights worldwide. These
instruments serve as guidelines for states to uphold and promote fundamental
freedoms for all individuals.
The importance of
international human rights instruments lies in their ability to set global
standards while encouraging national frameworks to align with these norms. By
participating in such treaties, countries not only demonstrate their commitment
to universal values but also integrate these principles into domestic legal and
policy structures.
India has been an active
participant in shaping the global human rights discourse. As a founding member of
the United Nations, India has ratified several key international treaties,
including the International Covenant on Civil and Political Rights (ICCPR), International Covenant on
Economic, Social and Cultural Rights (ICESCR), and the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW).
The Indian Constitution reflects
a strong commitment to these international principles. The Fundamental Rights
(Part III) and Directive Principles of State Policy (Part IV) enshrine values of
equality, freedom, and dignity that align closely with international human
rights standards. Additionally, Article 51(c) of the Constitution directs the
state to foster respect for international law and treaty obligations.
Research Objectives
The objectives of this
study are:
- To analyse India’s implementation of
international human rights treaties and conventions.
- To identify the key gaps and challenges in
domestic enforcement of international human rights obligations.
Research Questions
- How effectively has India implemented
international human rights treaties and conventions?
- What are the key challenges India faces in
complying with international human rights standards?
This study assesses India’s
role in promoting human rights both domestically and internationally. By
evaluating legislative reforms, institutional mechanisms, and challenges, the
paper provides insights into how India balances global obligations with local
realities.
II. INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
RATIFIED BY INDIA
India’s commitment to human rights is evident through its
ratification of several significant international treaties. The Universal Declaration of Human Rights (UDHR), although
non-binding, serves as a foundational document for global human rights
principles, and India has drawn inspiration from it when framing its constitutional
provisions. India ratified the International
Covenant on Civil and Political Rights (ICCPR) in 1979, which guarantees essential rights such as freedom
of expression, the right to life, and protection against arbitrary detention.
Similarly, India ratified the International
Covenant on Economic, Social, and Cultural Rights (ICESCR) alongside the ICCPR, ensuring the rights to education,
work, and health, and promoting social justice.
In addition to these core treaties, India has ratified
several conventions addressing specific human rights issues. The Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), ratified in 1993, promotes gender equality and seeks to
eliminate discrimination against women in various areas of life. India also
ratified the Convention on the Rights of the Child (CRC) in 1992,
committing to protect children’s rights to survival, education, and protection.
The Convention on the Rights of Persons with Disabilities (CRPD) is aligned with India’s 2016 Rights of Persons with Disabilities Act,
ensuring equal rights for disabled individuals. Furthermore, India ratified the Convention on the Elimination of Racial Discrimination (CERD) in 1968,
committing to the fight against racial discrimination.
Despite these ratifications, India has made specific
reservations to address domestic concerns. For example, under CEDAW, India reserved
its position on Article 5(a), relating to cultural and traditional roles, citing
challenges in changing deeply ingrained societal norms. Similarly, under the
ICCPR, India reserved its stance on provisions related to minority education,
asserting that these were in alignment with its constitutional framework. These
reservations reflect India’s efforts to balance international obligations with
domestic realities.
III. CONSTITUTIONAL AND LEGAL FRAMEWORK FOR HUMAN RIGHTS PROTECTION IN
INDIA
India’s Constitution incorporates international human
rights principles through various provisions. The Fundamental Rights in Part III (Articles 14-32) guarantee equality, freedom, and justice
to individuals, aligning with global human rights standards. The Directive Principles of State Policy in Part IV (Articles 39-47) emphasize socio-economic rights, including
the right to health, education, and social welfare, which are integral to the
realization of human dignity. Article
51(c) specifically encourages respect for international law,
urging the state to foster the obligations set forth in international treaties.
Additionally, Article 253 empowers the Indian
Parliament to enact laws to implement international treaties, ensuring that
global commitments are reflected in national legislation.
Key legislations in India have been aligned with
international human rights instruments, enhancing the domestic legal framework.
The Protection of Human Rights Act, 1993 established the National
Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs), creating institutions to safeguard human rights at both
national and state levels. The Juvenile
Justice Act (2015) adheres to the provisions of the Convention on the Rights of the Child (CRC), focusing on child protection and welfare. The Protection of Women from Domestic Violence Act, 2005, enacted in line with CEDAW, aims to combat
domestic abuse and promote gender equality. Similarly, the Rights of Persons with Disabilities Act, 2016 ensures the rights of disabled individuals, aligning with
the Convention on the Rights of Persons with Disabilities (CRPD), reflecting India’s commitment to inclusivity and
equality.
Indian courts have been instrumental in incorporating
international human rights principles through judicial interpretation and
activism. In Vishaka v. State of Rajasthan (1997), the Supreme Court
referred to CEDAW to establish
guidelines for addressing workplace sexual harassment, recognizing the need for
legal protection against gender-based violence. In People’s Union for Civil Liberties v. Union of India (2001), the Court declared
the right to food as part of the right to life under Article 21, thus
broadening the scope of fundamental rights. In MC Mehta v. Union of India (1987), the Supreme Court recognized environmental protection as a component of fundamental human rights, affirming the
state's responsibility to safeguard environmental rights as part of ensuring a
dignified life for its citizens. These landmark rulings demonstrate the
judiciary’s proactive role in upholding international human rights standards
within the Indian legal system.
IV. INDIA’S COMPLIANCE WITH INTERNATIONAL HUMAN RIGHTS OBLIGATIONS
India has made significant progress in fulfilling its
international human rights obligations, particularly through the active
involvement of institutions like the National
Human Rights Commission (NHRC) and the judiciary. The NHRC has been instrumental in
addressing human rights violations, investigating complaints, and recommending
legal reforms to strengthen human rights protection in India.
Judicial activism has also played a pivotal role in ensuring the protection of
fundamental rights, especially for marginalized groups, with the Indian
judiciary frequently interpreting constitutional provisions in alignment with
international human rights principles.
Several key legislative reforms in India have also been
aligned with international human rights standards. The Juvenile Justice Act,
for instance, adheres to the provisions of the Convention on the Rights of the Child (CRC), offering better protection for children’s rights in areas
like child abuse and exploitation. Similarly,
the Protection of Women from Domestic Violence Act, 2005 incorporates the provisions of CEDAW, aiming to combat
gender-based violence and protect women from domestic abuse. Additionally, the Rights of Persons with Disabilities Act, 2016 ensures compliance with the Convention on the Rights of Persons with Disabilities (CRPD), fostering inclusivity and equal rights for disabled
individuals.
India has also demonstrated its commitment to human rights
through active participation in international platforms. It regularly engages
with the United Nations Human Rights Council (UNHRC) and participates in the Universal Periodic Review (UPR) process, which provides an opportunity for the country to
assess and address its human rights challenges.
Despite these efforts, India faces several challenges in
effectively implementing international human rights treaties. Socio-economic factors,
such as poverty, illiteracy, and income inequality, continue to impede the
realization of human rights. Limited access to essential services like
education and healthcare significantly hampers efforts to enforce rights under
the International Covenant on Economic, Social, and Cultural Rights
(ICESCR).
Moreover, political and administrative challenges, such as
governance inefficiencies and weak enforcement mechanisms, contribute to the
delay and inadequate implementation of laws. There is also a lack of awareness
among citizens about their rights, which further exacerbates systemic
violations. India's reservations
on certain treaties, such as those
under CEDAW and ICCPR, reflect
challenges in reconciling international obligations with domestic realities,
particularly in areas like cultural norms and minority education.
Despite these advances, case studies of non-compliance illustrate the gaps in implementation. For instance,
despite ratifying CEDAW, incidents of gender violence, such as the Nirbhaya case, highlight the disconnect between legal frameworks and
real-world protections for women. Similarly, the persistence of child labour and trafficking, despite
legal frameworks aligned with the CRC, underscores the need for better enforcement. The delayed
implementation of the CRPD provisions has also affected the accessibility and inclusion
of people with disabilities, reflecting gaps in addressing their rights
effectively.
V. ROLE OF INSTITUTIONS IN IMPLEMENTING INTERNATIONAL HUMAN RIGHTS
The National Human Rights Commission (NHRC) holds a pivotal
position in ensuring compliance with human rights standards in India.
Established under the Protection of Human Rights Act, 1993, the NHRC
investigates complaints, recommends policy reforms, and raises awareness about
human rights violations.
It has successfully intervened in cases involving custodial violence, bonded
labour, and child rights, ensuring greater accountability for such violations.
Despite its achievements, the NHRC faces significant challenges, primarily due
to its lack of enforcement powers. Furthermore, delays in acting on its
recommendations often diminish its overall effectiveness, highlighting the need
for structural and procedural improvements to enhance its impact.
At the state level, State Human Rights Commissions (SHRCs)
play an essential role in addressing human rights violations and promoting
accountability through a decentralized governance approach. These bodies
investigate complaints, promote awareness, and recommend actions to protect
fundamental rights. However, many SHRCs grapple with resource constraints,
limited authority, and insufficient staffing, which hinder their capacity to
address human rights issues effectively. The lack of adequate resources and
power often results in delayed responses and limited enforcement of their
recommendations. Strengthening SHRCs by providing greater authority and
financial resources would enable them to function more effectively and enhance
the protection and promotion of human rights at the state level.
Civil society organizations and non-governmental organizations
(NGOs) also play a critical role in advocating for human rights, monitoring
violations, and supporting implementation efforts. International organizations
such as Amnesty International
and Human Rights Watch document
abuses and campaign for systemic reforms, while domestic NGOs, including CRY
(Child Rights and You)
and Majlis, work on specific issues like child protection and women’s rights.
Their contributions have been significant in various contexts, such as the
landmark Vishaka v. State of Rajasthan judgment, where NGO efforts helped frame guidelines to
prevent workplace sexual harassment (AIR 1997 SC 3011). NGOs continue to serve
as vital stakeholders in bridging the gap between legal frameworks and their
practical implementation, driving accountability and reform.
VI. CONTEMPORARY CHALLENGES TO INDIA’S HUMAN
RIGHTS COMPLIANCE
Conflict zones in India, particularly in regions like Jammu
& Kashmir and parts of the Northeast, continue to face significant human
rights violations. Issues such as arbitrary detentions, enforced
disappearances, and severe restrictions on freedom of expression are reported
regularly by human rights organizations. The ongoing security concerns in these
areas often lead to the imposition of laws like the Armed Forces (Special
Powers) Act (AFSPA),
which grants excessive power to the military and security forces, contributing
to a lack of accountability for human rights abuses. This situation highlights
the urgent need for a more balanced approach that addresses both the security
needs of the state and the protection of fundamental human rights of civilians.
In these areas, the challenge remains in ensuring that counter-insurgency
measures do not undermine basic freedoms and human dignity.
In addition to the challenges faced in conflict zones,
vulnerable groups such as women, children, transgender persons, refugees, and
migrant workers in India remain disproportionately affected by human rights
violations. Despite the existence of legal frameworks like CEDAW, women
continue to face high rates of domestic violence, dowry deaths, and sexual
harassment. These issues are especially prevalent in rural and underdeveloped
areas, where cultural norms often undermine the enforcement of laws designed to
protect women’s rights. Children are another group significantly impacted, with
child labour and trafficking still widespread, particularly in economically
disadvantaged areas. While there are legal protections in place, the actual
implementation of these laws often falls short, leaving children vulnerable to
exploitation. Transgender individuals also continue to face considerable
challenges, despite the passage of the Transgender Persons (Protection of
Rights) Act, 2019.
Social stigma, discrimination, and a lack of proper enforcement prevent them
from fully enjoying their rights. Refugees and migrant workers, meanwhile, face
a legal void, as India is not a signatory to the 1951 Refugee Convention,
which leaves them without adequate protection or rights, making them
susceptible to exploitation and abuse.
Economic policies and large-scale development projects,
which aim to drive national growth, have a direct impact on marginalized
communities, particularly in terms of displacement and environmental
degradation. Infrastructure projects, such as the Narmada Dam,
have historically led to the forced relocation of communities without adequate
compensation or rehabilitation. These projects often prioritize economic
development over the rights of affected individuals, leaving marginalized
communities without sufficient safeguards. Striking a balance between economic
growth and the protection of human rights remains one of India's most
significant challenges, especially as such projects often result in
irreversible environmental damage.
Emerging challenges in the digital era also pose new human
rights risks, particularly concerning privacy, surveillance, and freedom of
expression. As technology continues to evolve, issues related to personal
privacy are becoming more prominent.
The Aadhaar system,
for example, has raised concerns about the security of personal data, while
instances of surveillance tools such as Pegasus spyware
have highlighted the potential for privacy violations. Furthermore, freedom of
expression is increasingly under threat, with restrictions being placed on
digital platforms and individuals being arrested under the Information
Technology Act
for expressing dissent. These developments threaten the democratic fabric of
the country and reflect broader concerns about shrinking space for free speech
and civic engagement in the digital age. Balancing technological advancement
with the preservation of fundamental human rights is crucial in addressing
these emerging challenges.
VII. RECOMMENDATIONS FOR STRENGTHENING COMPLIANCE
Strengthening India’s legislative mechanisms is essential
for meeting international human rights obligations and safeguarding vulnerable
populations. While significant progress has been made through laws like the
Domestic Violence Act, 2005, and the Sexual Harassment Act, 2013,
issues such as gender violence, child exploitation, and systemic discrimination
persist. Legislative reforms must address these gaps by ensuring stricter
implementation and alignment with international conventions, such as CEDAW and
ICCPR. Emerging issues like digital rights and data privacy also demand robust
legal responses to balance development and individual freedoms.
Efficient enforcement mechanisms are equally critical.
Institutions like the NHRC and SHRCs play a pivotal role but face operational
challenges, including inadequate funding and limited enforcement powers.
Strengthening their authority, streamlining processes, and enhancing
collaboration with law enforcement can ensure timely redressal of human rights
violations. At the state level, addressing capacity gaps and training personnel
can improve access to justice in rural areas.
The judiciary has been instrumental in upholding
constitutional rights and aligning them with international standards, as
demonstrated in landmark cases like Vishaka v. State of Rajasthan and NALSA v.
Union of India.
However, judicial delays and case backlogs undermine access to justice.
Fast-track courts, digital systems, and alternative dispute resolution
mechanisms can enhance efficiency. Judicial accountability and progressive
interpretation of rights are essential for bridging legislative gaps and
protecting marginalized groups.
Public awareness and education are foundational to
promoting human rights. Grassroots campaigns and integrating human rights
education into school curricula can empower citizens to recognize and assert
their rights. Collaboration with civil society and NGOs can further build a
rights-conscious society.
Proactive engagement with international mechanisms like the
Universal Periodic Review (UPR) and
treaty-monitoring bodies can foster accountability and align domestic
frameworks with global standards. Transparent reporting and constructive
dialogue will strengthen India’s global leadership in human rights.
VIII. CONCLUSION
India’s commitment to
international human rights treaties is reflected in its ratification of major instruments
and incorporation of principles into domestic laws. The judiciary, NHRC, and
NGOs have played pivotal roles in advancing human rights, while legislative
reforms have addressed gender equality, child rights, and disability inclusion.
Aligning with international standards has led to significant achievements, such
as improved legal protections for marginalized groups and India’s active
participation in global human rights mechanisms. However, challenges like
poverty, socio-political barriers, and delayed implementation persist.
The Way Forward
To strengthen human rights
compliance, India must focus on:
- Enacting stronger legislative frameworks for
vulnerable sections.
- Enhancing implementation agencies like NHRC
and SHRCs.
- Promoting judicial accountability and
grassroots awareness.
- Engaging proactively with international
mechanisms to address systemic gaps.
By prioritizing domestic
enforcement, legislative reforms, and international cooperation, India can
emerge as a stronger advocate for human rights, both nationally and globally.
International
Covenant on Economic, Social and Cultural Rights, 1966, 993 UNTS.
National Human Rights Commission of India, available
at: https://nhrc.nic.in/ (last visited Dec. 18, 2024).
Human Rights Watch, available at: https://www.hrw.org (last visited
Dec. 18, 2024).
Pegasus spyware case, IT Standing Committee Report, available at https://prsindia.org (last visited
Dec. 18, 2024).
