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Developing Human Rights Jurisprudence

Eighth Judicial Colloquium on the Domestic Application of International Human Rights Norms: Bangalore, India, 27–30 December 1998

image of Developing Human Rights Jurisprudence

This volume contains the papers presented at the Eighth Judicial Colloquium of the Domestic Application of International Human Rights, held in Bangalore, India on 2730th December 1998. This meeting marked the culmination of a series of colloquia started a decade earlier. Participants at the Colloquium were drawn primarily from among senior judges of the higher courts of several South Asian countries Bangladesh, India, Pakistan and Sri Lanka and from other Commonwealth countries Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States. Several lawyers from the Commonwealth were also involved in the discussions. As with previous colloquia, this meeting focused on the subject of the domestic application of international human rights norms, and the extent to which these interrelate with national standards for human rights protection.

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Prisons and Custody: Application of International Human Rights Norms by the Supreme Court of India

Article 51 of the Constitution of India, concerning the promotion of international peace and security, is in Part IV of the Constitution which deals with directive principles of State policy. This article provides that the State shall endeavour to, inter alia, “(c) foster respect for international law and treaty obligations in the dealings of organised people with one another”. While it is held, at least in one view, that directive principles are not as such enforceable in the courts, there are nevertheless numerous examples where the courts in India have applied and enforced customary norms of international law.

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