International Human Rights And Domestic Realities: A Clash Or A Convergence In The 21st Century? In Context Of The Current Global Scenario?
- IJLLR Journal
- Jul 20
- 2 min read
Prathamesh Sanjay Gaikwad, Symbiosis Law School, Nagpur
Adutiya Jha, Symbiosis Law School, Nagpur
ABSTRACT
This paper is a way to introduce international public law regarding human rights as part of the international regime of dignity, equality, and justice at the international scale around the world. A number of legal documents that will bind the states parties who signed and ratified them, e.g. ICCPR and ECHR, will have a domestic legal system applicability, which will be very limited. With these limitations in mind, the paper will explore the relationship between international norms of human rights and the legal context in India on certain dimensions considered pertinent, particularly its applicability, judicial interpretation, and other forms used to protect and enforce human rights, while also keeping in mind the limitations of the enforcement of international human rights standards. While if the paper touches on the status of human rights law around the world, it would be of interest for comparisons to the status of human rights law in various states. This would be especially be such if we consider the domestic context of the human rights situation in India as of now. An international convention, or treaty, can at least serve as grounds for constitutional protection or statutory law in India. The intention of this paper is to ascertain what lessons we can learn from precedent in international law and India case law when reflecting on substantive examples of gaps-in-enforcement, gaps-in-legislation and institution barriers, and what India might consider doing in the future in order to raise it up to the level of the international standard of human rights. The research will be rooted in scholarly commentaries, and towards being contextualised in the locality of the International Human Rights framework, and ideally in building off the scholarly favour from Oxford, Harvard, NLUD, and NLSIU.
Keywords: Dignity, Equality, International human rights, applicability, interpretation, enforcements, gaps-in-enforcement, Legislative gaps, institutional hurdles.
