Integrity Score 240
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IMPLEMENTATION OF INTERNATIONAL LAW FOR
HUMAN RIGHTS continues.........
In the case of Vishaka v. State of Rajasthan, the Supreme Court held that, in the absence of domestic law provisions, reliance could be placed on international law as well as international norms that were not in contravention of any existing domestic law and the Constitution. Upholding the nation of gender equality, in the absence of any enacted law to prevent sexual harassment at the workplace, the Court relied heavily upon the provisions of the UN Convention on the Elimination of All Forms of Discrimination Against Women. The Court held: ‘There is no reason why these international
conventions and norms cannot, therefore, be used for construing the fundamental rights expressly guaranteed in the Constitution of India which embody the basic concept of gender equality in all spheres of human activity. Further in Apparel Export Promotion Council v. A.K. Chopra9, the Apex Court underlined the ‘obligation (of the Court) to see that the message of the international instruments is not allowed to be drowned.
CIVIL AND POLITICAL RIGHTS
The Indian Constitution, however, reflects the classification of human rights as per Civil and Political rights are contained in Part III (Fundamental Rights) of the Constitution and are justiciable, i.e. they can be enforced through a court of law. Economic, social, and cultural rights are contained in Part IV (Directive Principles of State Policy-DPSPs) and are non-enforceable in a court of law by individuals, aggraded but are fundamental to governance’.
Rights to Fundamental Freedoms
Article 19(1) of the Constitution guarantees six fundamental freedoms available to Indian citizens throughout the territory of India. They are as follows:
* freedom of speech and expression [Article 19(1) (a)]
* freedom to assemble peaceably without arms [Article 19(1) (b)]
* freedom to form associations or unions [Article 19(1) (c)]
* freedom of movement [Article 19(1) (d)]
* freedom to reside and settle in any part of India [Article 19(1) (e)]
* freedom to practise any profession or carry on any occupation, trade or business [Article 19(1) (f )]
to be continued...............