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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: April 20, 20242024-04-20T11:59:31+05:30 2024-04-20T11:59:31+05:30In: Human Rights

Which of the human rights treaties have been ratified by India? What reservations have been made while ratifying the ICCPR?

Which treaties pertaining to human rights has India ratified? What objections were raised during the ICCPR’s ratification process?

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    1. Himanshu Kulshreshtha Elite Author
      2024-04-20T11:59:47+05:30Added an answer on April 20, 2024 at 11:59 am

      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:

      1. 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.

      2. 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.

      3. 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.

      4. 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.

      5. 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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