The Effectiveness of International Instruments in Dealing with Human Rights Violation in India

References

[1] U.N Charter Art. 1, ¶ 3.

[2] G.A Res. 217 (III) A Universal Declaration of Human Rights (Dec 10, 1948).

[3] International Covenant on Civil and Political Rights, Dec 16, 1966, 993 U.N.T.S. 171.

[4] Convention on The Elimination of All forms of Discrimination Against Women, Dec. 18, 1979, 12249 U.N.T.S. 13.

[5] The Constitution of India, Article, 12-35.

[6] Directive Principles of State Policy, Part IV, Indian Constitution.

[7] The Protection of Human Rights Act, No.10 of 1994, India Code (1994).

[8] Vishakha v. State of Rajasthan, (1997) 6 S.C.C. 241 (India).

[9] Human Rights Watch, World Report 2024: India (2024).

[10] National Human Rights Commission of India, Annual Report 2022-23.

[11] Jack Donnelly, Universal Human Rights in Theory and Practice 214-17 (3d ed. 2013)

[12] Human Rights Act 1998, C.42 (UK)

[13] Magna Carta, 1215, cl. 39 (Eng.).

[14] Declaration of the Rights of Man and of the Citizen, 1789, Art. 1 (Fr.):

[15] U.N Charter Art. 1 & 3.

[16] G.A. Res 217 (III) A, Universal Declaration of Human Rights (Dec. 10, 1948).

[17] Hurst Hannum, The Status of the Universal Declaration of Human Rights in National and International Law, 25 Ga.J. Int’l & Comp. L. 287 (1995-96)

[18] International Covenant on Civil and Political Rights, Dec. 16, 1996, 999 U.N.T.S. 171; International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1996, 993 U.N.T.S. 3.

[19] U.N. Human Rights Commission, General Comment No. 3, U.N. Doc. E/1991/23 (Dec. 14, 1990)

[20] Convention on The Elimination of All Forms of Discrimination Against Women, Oct 6, 1999, 2131 U.N.T.S. 83.

[21] G.A. Res. 60/251, U.N. Doc A/RES/60/251 (Apr. 3, 2006)

[22] U.N. Human Rights Council, Institution- Building of the United Nations Human Rights Council, Res. 5/1, U.N Doc. A/HRC/RES/5/1 (June 18,2007)

[23] Vienna Convention on the Law of Treaties, May 23, 1969, 1155 U.N.T.S. 331

[24] The Constitution of India, Article, 12-35

[25] The Directive Principles of State Policy, Part IV, The Constitution of India, Article 36-51.

[26] The Protection of Human Rights Act, No. 10 of 1994, India Code (1994).

[27] The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal)Act, No. 14 of 2013, India Code (2013).

[28] Juvenile Justice (Care and Protection of Children) Act, No. 2 of 2016, India Code (2016).

[29] Vishaka v. State of Rajasthan, (1997) 6 S.C.C. 241 (India).

[30] D.K. Basu v. State of West Bengal, (1997) 1 S.C.C. 416 (India).

[31] People’s Union for Civil Liberties v. Union of India, (1997) 1 S.C.C. 301 (India)

[32] Criminal Law (Amendment) Act, No. 13 of 2013, India Code (2013).

[33] Rights of Persons with Disabilities Act, No. 49 of 2016, India Code (2016)

[34] G.A. Res. 217 (III) A, Universal Declaration of Human Rights, Art. 3 (Dec. 10, 1948); Indian Constitution, Article 21

[35] International Covenant on Civil and Polotical Rights, Dec. 16. 1996 Article 4, 999 U.N.T.S. 171

[36] Constitution of The United States, (1787).

[37] Id. Amendment, I-X.

[38] Id. Amendment, XIII-XV.

[39] Id. Amendment, XIV, & 1.

[40] Brown v. Bd. Of Educ., 347 U.S. 483 (1954)

[41] Roe v. Wade, 410 U.S. 113 (1973); Obergefell v. Hodges, 576 U.S. 644 (2015)

[42] Constitution of The United States, Article VI, cl. 2.

[43] International Covenant on Cicil and Political Rights, Dec. 16, 1996, 999 U.N.T.S 171; Convention on the Elimination of All forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13.

[44] Magna Carta, 1215 (Eng.).

[45] Bill of Rights, 1689, 1 W. & M.c.2 (Eng.).

[46] Human Rights Act, 1998, C. 42 (U.K.).

[47] Id. & 3.

[48] Id. & 4.

[49] Constitution of the Republic of South Africa, 1996, Ch.2.

[50] Id. & 26-27.

@article{1712193,
      author = {Rajlakshmi},
      title = {The Effectiveness of International Instruments in Dealing with Human Rights Violation in India},
      journal = {Iconic Research And Engineering Journals},
      year = {2025},
      volume = {9},
      number = {5},
      pages = {1469-1476},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1712193.pdf},
      abstract = {In India as well as throughout the world, human rights have become essential to justice and dignity.  With the 1948 adoption of the Universal Declaration of Human Rights (UDHR), which established the framework for later legally binding agreements like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the recognition of inherent human rights gained momentum on a global scale following World War II.  As a signatory to these agreements, India has integrated numerous of their tenets into its legislative and constitutional structure.  The spirit of these international commitments is reflected in the Indian Constitution through its Directive Principles and Fundamental Rights. But even with this alignment, there are still obstacles to overcome to effectively address human rights violations, especially when it comes to socioeconomic rights, gender equality, and custodial violence.  To determine the advantages and disadvantages of India's strategy for preserving universal human rights standards, this study looks at the impact and application of international human rights instruments in India, assessing their practical efficacy and providing a comparative viewpoint with other jurisdictions.},
      month = {November},
      doi = {https://doi.org/10.64388/IREV9I5-1712193}
  }