Open Access
INDIA’S IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS: ACHIEVEMENTS AND CHALLENGES BY - SRISHTI MALHOTRA
[1] Universal Declaration of Human Rights, 1948, available at: https://www.un.org/en/about-us/universal-declaration-of-human-rights (last visited Dec. 18, 2024).[2] United Nations, “India and the United Nations,” available at: https://www.un.org/en/about-us/member-states/india (last visited Dec. 18, 2024).[3] International Covenant on Civil and Political Rights, 1966, 999 UNTS 171.[4] International Covenant on Economic, Social and Cultural Rights, 1966, 993 UNTS.[5] Convention on the Elimination of All Forms of Discrimination Against Women, 1979, 1249 UNTS 13.[6] Basu, D.D., Commentary on the Constitution of India, 9th ed., LexisNexis (2016), pp. 113–117.[7] Indian Const. arts. 14, 19, 21, 39, and 51(c).[8] Convention on the Rights of the Child, 1989, 1577 UNTS 3, ratified by India on Dec. 11, 1992.[9] Convention on the Rights of Persons with Disabilities, 2006, 2515 UNTS 3, ratified by India on Oct. 1, 2007; Rights of Persons with Disabilities Act, 2016 (Act No. 49 of 2016).[10] Convention on the Elimination of All Forms of Racial Discrimination, 1965, 660 UNTS 195, ratified by India on Dec. 3, 1968.[11] United Nations, “India’s Reservations/Declarations on International Human Rights Treaties,” available at: https://treaties.un.org/Pages/Treaties.aspx (last visited Dec. 18, 2024).[12] Protection of Human Rights Act, 1993 (Act No. 10 of 1994).[13] Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016).[14] Protection of Women from Domestic Violence Act, 2005 (Act No. 43 of 2005).[15] Vishaka v. State of Rajasthan, AIR 1997 SC 3011.[16] People’s Union for Civil Liberties v. Union of India, AIR 2001 SC 2105.[17] MC Mehta v. Union of India, AIR 1987 SC 1086.[18] National Human Rights Commission of India, available at: https://nhrc.nic.in/ (last visited Dec. 18, 2024).[19] UNICEF, “Child Rights and Protection in India,” available at: https://www.unicef.org/india (last visited Dec. 18, 2024).[20] United Nations Human Rights Council, “India and the Universal Periodic Review,” available at: https://www.ohchr.org/en/hr-bodies/upr (last visited Dec. 18, 2024).[21] Nirbhaya case (Mukesh v. State of NCT of Delhi), AIR 2017 SC 2161.[22] Protection of Human Rights Act, 1993 (Act No. 10 of 1994).[23] Amnesty International, available at: https://www.amnesty.org (last visited Dec. 18, 2024).[24] Human Rights Watch, available at: https://www.hrw.org (last visited Dec. 18, 2024).[25] CRY (Child Rights and You), available at: https://www.cry.org (last visited Dec. 18, 2024).[26] Armed Forces (Special Powers) Act, 1958 (Act No. 28 of 1958).[27] Transgender Persons (Protection of Rights) Act, 2019 (Act No. 40 of 2019).[28] Refugee Convention, July 28, 1951, 189 U.N.T.S. 150.[29] Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664.[30] Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.[31] Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (Act No. 18 of 2016).[32] Pegasus spyware case, IT Standing Committee Report, available at https://prsindia.org (last visited Dec. 18, 2024).[33] Information Technology Act, 2000 (Act No. 21 of 2000).[34] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Act No. 14 of 2013).[35] National Human Rights Commission, "Annual Report," available at https://nhrc.nic.in (last visited Dec. 18, 2024).[36] National Legal Services Authority v. Union of India, (2014) 5 SCC 438.[37] The Universal Periodic Review, United Nations Human Rights Council, available at https://www.ohchr.org (last visited Dec. 18, 2024).