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
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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.
— Srishti Mishra · AIR 95
Conclusion
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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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