Which treaties pertaining to human rights has India ratified? What objections were raised during the ICCPR’s ratification process?
The fundamental rights enshrined in the Constitution of India are a set of essential rights guaranteed to all citizens to ensure their individual liberty, equality, and justice. These rights are inspired by the principles of justice, liberty, equality, and fraternity as enshrined in the Preamble ofRead more
The fundamental rights enshrined in the Constitution of India are a set of essential rights guaranteed to all citizens to ensure their individual liberty, equality, and justice. These rights are inspired by the principles of justice, liberty, equality, and fraternity as enshrined in the Preamble of the Indian Constitution. Part III of the Constitution, from Articles 12 to 35, outlines these fundamental rights and their enforcement mechanisms. Here are the various fundamental rights guaranteed by the Constitution of India:
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Right to Equality (Articles 14-18):
- Equality before Law (Article 14): Ensures equal protection of laws and prohibits discrimination based on religion, race, caste, sex, or place of birth.
- Prohibition of Discrimination (Article 15): Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Equality of Opportunity in Public Employment (Article 16): Ensures equality of opportunity in matters of public employment and prohibits discrimination in recruitment based on religion, race, caste, sex, descent, place of birth, or residence.
- Abolition of Untouchability (Article 17): Abolishes the practice of untouchability and prohibits its enforcement in any form.
- Abolition of Titles (Article 18): Prohibits the state from conferring titles of nobility and prohibits citizens from accepting titles from foreign states.
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Right to Freedom (Articles 19-22):
- Freedom of Speech and Expression (Article 19(1)(a)): Guarantees the right to freedom of speech and expression, subject to reasonable restrictions.
- Freedom of Assembly (Article 19(1)(b)): Ensures the right to assemble peacefully and without arms.
- Freedom to Form Associations (Article 19(1)(c)): Grants the right to form associations or unions.
- Freedom to Move Freely (Article 19(1)(d)): Allows citizens to move freely throughout the territory of India.
- Freedom to Reside and Settle (Article 19(1)(e)): Grants the right to reside and settle in any part of the territory of India.
- Freedom of Profession, Occupation, Trade, or Business (Article 19(1)(g)): Guarantees the right to practice any profession, occupation, trade, or business.
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Right against Exploitation (Articles 23-24):
- Prohibition of Traffic in Human Beings (Article 23): Prohibits trafficking in human beings, forced labor, and begar (forced labor without remuneration).
- Prohibition of Child Labor (Article 24): Prohibits the employment of children below the age of 14 years in factories, mines, or hazardous employment.
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Right to Freedom of Religion (Articles 25-28):
- Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25): Ensures freedom of conscience and the right to freely profess, practice, and propagate religion.
- Freedom to Manage Religious Affairs (Article 26): Grants the right to manage religious affairs subject to public order, morality, and health.
- Freedom from Taxation for Promotion of Religion (Article 27): Prohibits the levying of taxes for religious purposes.
- Freedom from Attending Religious Instruction (Article 28): Provides freedom from attending religious instruction in educational institutions funded by the state.
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Cultural and Educational Rights (Articles 29-30):
- Protection of Cultural and Educational Rights of Minorities (Article 29): Protects the interests of minorities by allowing them to conserve their distinct language, script, or culture.
- Right of Minorities to Establish and Administer Educational Institutions (Article 30): Grants minorities the right to establish and administer educational institutions of their choice.
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Right to Constitutional Remedies (Article 32):
- Right to Constitutional Remedies: Guarantees the right to move the Supreme Court (and High Courts) for the enforcement of fundamental rights through writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
These fundamental rights are justiciable, meaning citizens can approach the judiciary for the enforcement of these rights if they are violated by the state or any other entity. The Constitution of India ensures that these rights are not absolute and subject to certain reasonable restrictions in the interest of public order, morality, and the sovereignty and integrity of India. The fundamental rights are considered the cornerstone of Indian democracy, ensuring the protection of individual freedoms and promoting social justice and equality for all citizens.
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India has ratified several key international human rights treaties aimed at upholding and promoting fundamental rights and freedoms. Ratification of these treaties signifies India's commitment to adhering to international human rights standards and principles. Some of the prominent human rightsRead more
India has ratified several key international human rights treaties aimed at upholding and promoting fundamental rights and freedoms. Ratification of these treaties signifies India's commitment to adhering to international human rights standards and principles. Some of the prominent human rights treaties ratified by India include:
International Covenant on Civil and Political Rights (ICCPR):
India ratified the ICCPR on April 10, 1979. The ICCPR is a comprehensive treaty that guarantees civil and political rights, including the right to life, freedom of speech and assembly, freedom of religion, and the right to a fair trial. Ratification of the ICCPR underscores India's commitment to protecting civil and political liberties.
Convention on the Rights of the Child (CRC):
India ratified the CRC on December 11, 1992. The CRC is a landmark treaty that outlines the rights of children, including the right to education, healthcare, protection from exploitation, and participation in decisions affecting them. India's ratification of the CRC demonstrates its dedication to promoting and safeguarding the rights of children.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
India ratified CEDAW on July 9, 1993. CEDAW is a comprehensive treaty that seeks to eliminate discrimination against women in all spheres of life, including political, economic, social, and cultural areas. India's ratification of CEDAW reflects its commitment to gender equality and women's empowerment.
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT):
India ratified CAT on October 14, 1997. CAT aims to prevent and prohibit torture and ill-treatment in all circumstances and requires States parties to take effective measures to prevent and punish acts of torture. India's ratification of CAT underscores its commitment to combating torture and ensuring accountability for perpetrators.
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD):
India ratified ICERD on April 3, 1968. ICERD aims to eliminate racial discrimination and promote equality among all racial and ethnic groups. India's ratification of ICERD reflects its commitment to combating racial discrimination and promoting social harmony.
Regarding reservations made by India while ratifying the ICCPR, India entered a reservation to Article 20(2) of the ICCPR. Article 20(2) of the ICCPR states that "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law." India's reservation to this article indicates that India does not fully accept this provision and reserves the right not to apply it in its entirety.
It is important to note that reservations to international treaties allow States parties to specify which provisions of a treaty they do not fully accept or intend to implement. Reservations should not be contrary to the object and purpose of the treaty and should not undermine the treaty's fundamental principles. While reservations can be subject to scrutiny by other States parties and international bodies, they are legally binding unless withdrawn by the State that entered them.
In summary, India has ratified several important international human rights treaties, including the ICCPR, CRC, CEDAW, CAT, and ICERD, demonstrating its commitment to upholding human rights standards and principles on the international stage. India's reservations to certain provisions reflect specific legal considerations and interpretations while maintaining overall support for the objectives and goals of these treaties.
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