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Report No. 152

4.12. India's obligation.-

India is a party to the aforesaid Declarations. Hence, it is under an obligation to take effective steps to implement them. In the deliberations before the United Nations, the representative of Indian made "a commitment by the Government on behalf of its citizens and a guarantee for these citizens which they could claim whenever their rights were threatened".1

1. Nigel Rodley Treatment of Prisoners under International Law (UNESCO Paris Clarendon Press, Oxford, 1987), p. 59.

4.13. In India, the people's resolve to foster respect for international law and treaties and obligations is reflected in Article 51 of the Constitution. In fact, Parliament has enacted laws to give effect to the international obligation as contained in various Declarations and Conventions. In addition, the courts have also, by their judicial innovation, ensured the effective implementation of those a norms.

Where the State or its agencies failed to implement the international norms, and the State has ratified or adopted those norms, the Supreme Court of India has intervened to issue directions for the effective enforcement of those norms through laws. Further, the Court has interpreted domestic law in a manner so as to give effect to the implementation of the international norms. We do not consider it necessary to refer to all the decisions on the subject, but it would be worthwhile to refer to only some of the land-mark decisions.



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