Report No. 183

International Conventions

Apart from these external aids, court also take recourse to other material. For example, wherever necessary, court can look into International Conventions (P.N. Krishanlal v Govt. of Kerala, (1995) Sup. (2) SCC 187). The Supreme Court in Visakha v. State of Rajasthan, AIR 1997 SC 3011 took recourse to International Convention for the purpose of construction of domestic law. The Court observed :-

"In the absence of domestic law occupying the field to formulate effective measures to check the evil of sexual harassment of working women at all work places, the contents of International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein. Any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into those provisions to enlarge the meaning and content thereof, to promote the object of the Constitutional guarantee."

(para 7)