The recent Supreme Court judgements on human rights issues mark a remarkable shift in using international law and treaties not just as a source of inspiration but as a source of law. Examine with reference to relevant case laws. (Answer in 150 words) 10 marks
Introduction
With reference to the recent Supreme Court judgements, courts have been taking legitimacy from international laws and applying them to national concerns.
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Main Body
With a shift towards universal law, it is common for national courts taking legitimacy from international laws and applying them to national concerns. a Judgement raising international laws as source b Judgement on gender equality and women empowerment have been served in indigenous law as well as the UN Declaration of Human Rights eg: Sabarimala Case Judgement allowing entry of women to temples of South India eg: POSH Act and Vishakha guidelines come from the Istanbul Convention eg: Recent release of Handbook on combating gender stereotypes by SC.
a Puttaswamy judgement establishing right to privacy as part of right to life under Article 21 of Indian Constitution is based on Budapest Convention and EU's General Data Protection Regulation. b International Labour Organization and the convention on labour rights have led to restrictions on labour exploitation. c Environmental cases like Godawarikarl case deterring forest is a culmination of COP, UNCCD, UNEPC works.
Conclusion
Thus, laws are becoming universal and the SC has rightly allowed the intersection of national & international laws, keeping the court up to date.
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Srishti Mishra
Executive, Judiciary, Ministries and Pressure Groups
Public Interest Litigation
Supreme Court's use of international law in human rights cases
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