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Development And Human Dignity: Understanding The RTD From An Indian Perspective




Mr. Swetketu Das, Assistant Professor, School of Legal Studies, The Neotia University


ABSTRACT


The Right to Development (RTD), though recognized as an inalienable collective human right, lacked a clear definition until the 1986 United Nations Declaration, which first codified it under Article 1.1. Despite its integration into core human rights instruments such as the ICCPR and ICESCR, the 1986 Declaration and subsequent frameworks like the Millennium Development Goals remain non-binding. Varying interpretations—particularly utilitarian approaches—have led to friction between collective and individual rights. Furthermore, geopolitical divisions have politicized the RTD discourse: developed nations use it to demand accountability, while developing states advocate for flexibility in international obligations. These tensions have undermined the Declaration’s impact, rendering it largely symbolic. However, the recent proposal of a Draft Convention on RTD marks a critical shift in global consensus. For India, this presents an opportunity to reaffirm its commitment, with RTD principles implicitly embedded in Parts III and IV of the Constitution and reinforced through proactive judicial interpretation by the Supreme Court. This paper thus seeks to explore the Right to Development within the Indian context, examining both judicial and policy efforts to uphold this right and considering its future scope in the evolving international landscape.


Keywords: Right to Development, Third Generation Human Rights, Fundamental Rights, Human Rights, Fundamental Freedom.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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