Q.3. “India’s participation in the global agreements on human rights reflects its commitment to promoting a just and equitable world order.” Discuss this statement with reference to India’s involvement in international agreements and bodies. Evaluate India’s approach to human rights issues at a global level.
02,Oct 2024
Posted By : SPM Academy
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: India’s participation in global agreements on human rights stems from its historical commitment to justice, equality, and dignity, principles enshrined in its Constitution and deeply rooted in its freedom struggle. Since independence, India has actively engaged in the creation and promotion of an equitable international human rights framework. As a founding member of the United Nations and a participant in various international treaties, India’s involvement in global human rights efforts reflects its aspiration to contribute to a just and inclusive world order.
India’s Participation in Global Human Rights Agreements
A. United Nations and Universal Declaration of Human Rights (UDHR):
India played a crucial role in drafting the Universal Declaration of Human Rights (UDHR), which was adopted by the UN General Assembly in 1948. Hansa Mehta, an Indian delegate, significantly contributed to the wording of the declaration, ensuring that it represented gender equality.
India’s participation in drafting the UDHR underscores its early commitment to upholding human rights on the global stage.
B. International Covenants on Human Rights:
India is a signatory to major human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). These covenants, adopted by the UN in 1966, form the core of international human rights law.
India’s commitment to these covenants reflects its adherence to principles of democracy, freedom, and social justice, values embedded in its domestic framework.
C. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
India ratified the CEDAW in 1993, demonstrating its commitment to gender equality and the empowerment of women. India’s domestic legal framework, including laws against domestic violence and sexual harassment, aligns with international standards to promote women’s rights.
D. Convention on the Rights of the Child (CRC):
India ratified the CRC in 1992, committing to the protection of children’s rights. India has taken substantial measures to align its laws and policies with the CRC, including the Right to Education Act (2009), which provides free and compulsory education to children between 6 and 14 years of age.
E. Convention on the Rights of Persons with Disabilities (CRPD):
India ratified the CRPD in 2007, committing to the protection of rights and dignity of persons with disabilities. The enactment of the Rights of Persons with Disabilities Act (2016) reflects India’s efforts to align its legal framework with global human rights standards for the disabled.
India’s Role in Global Human RightsBodies
A. United Nations Human Rights Council (UNHRC):
India has been a member of the UN Human Rights Council (UNHRC) multiple times, most recently from 2022-2024, reflecting its proactive stance on global human rights issues. During its tenure, India has emphasized the principles of non-discrimination, inclusive development, and equity, urging the international community to take a balanced approach to human rights that also takes into account developmental needs.
Example: In the recent UNHRC session (2022), India advocated for a more balanced view on human rights in Afghanistan post-Taliban takeover, emphasizing the need for humanitarian aid and protection of minorities, women, and children.
B. India’s Advocacy for Climate Justice:
India has positioned itself as a leading voice in the intersection of human rights and climate justice. In global forums like the UN Climate Change Conferences (COP), India has highlighted the disproportionate impact of climate change on vulnerable populations, particularly in developing countries. India’s “Climate Justice” stance calls for equitable distribution of resources and shared responsibility.
Example: At COP26 in Glasgow (2021), India introduced the concept of “Panchamrit”, a five-point agenda for climate action, while emphasizing the need for developed countries to meet their climate finance commitments to ensure just and equitable growth for developing nations.
C. Engagement with the International Labour Organization (ILO):
India is an active member of the International Labour Organization (ILO) and has ratified several ILO conventions, particularly those related to forced labor, child labor, and gender equality in employment. India’s ratification of ILO Conventions 138 and 182 on child labor in 2017 was a significant step in aligning its domestic labor laws with global standards.
India has also implemented schemes like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) to address issues of livelihood security, contributing to socio-economic rights, which are fundamental aspects of human rights.
India’s Approach to Human Rights at the Global Level
A. Balanced Approach Between Sovereignty and Human Rights:
India has consistently advocated for a balanced approach to human rights issues, stressing the need to respect national sovereignty and local conditions. India often emphasizes non-interference in the internal matters of states, arguing that human rights should not be used as a tool for external interference.
Example: In the case of Sri Lanka’s human rights violations against Tamils, India took a middle path, advocating for accountability and reconciliation while respecting Sri Lanka’s sovereignty and opposing punitive measures that might exacerbate tensions.
B. Emphasis on Socio-Economic Rights:
India’s human rights approach has a strong focus on socio-economic rights, such as the right to education, health, food, and shelter, which it believes are essential for a holistic understanding of human rights. India has often highlighted that civil and political rights must be complemented by efforts to address poverty, inequality, and underdevelopment.
Example: During its tenure at the UNHRC, India consistently advocated for the right to development as a fundamental human right, emphasizing that sustainable development is critical for global peace and justice.
C. Criticism on Certain Domestic Human Rights Issues:
Despite India’s commitment to global human rights, it has faced criticism regarding its domestic human rights record. Issues such as restrictions on freedom of speech, treatment of minorities, and Kashmir continue to draw attention at the international level.
Example: In 2019, India faced global scrutiny after the abrogation of Article 370 in Jammu and Kashmir, with concerns raised about freedom of movement, communication restrictions, and political detentions. While India defended its actions as internal matters of national security and development, it sparked debates on balancing human rights with sovereignty.
D. “Summary” of India’s humanitarian contributions in 21st Century
India has actively engaged in humanitarian responses to crises, demonstrating its role as a responsible global player. It has provided humanitarian aid and supported refugees from neighboring countries like Myanmar and Afghanistan.
Example: During the Afghan crisis in 2021, following the Taliban takeover, India provided humanitarian assistance, particularly food and medical supplies, to the Afghan people while advocating for the protection of women’s rights and minorities at the UN.
India’s participation in global human rights agreements reflects its enduring commitment to a just and equitable world order. Through its involvement in international treaties and bodies like the UNHRC, CEDAW, and ILO, India has consistently advocated for a holistic approach to human rights, emphasizing the importance of socio-economic rights, development, and non-interference in the internal affairs of sovereign states. While India’s approach to human rights on the global stage remains largely constructive, it must also address internal challenges and criticism to maintain its credibility and leadership in global human rights advocacy.
