International law affects Indian citizens in several indirect and direct ways, depending on how it is adopted or recognized by Indian law. Here’s how: 1. Through Domestic Legislation: International treaties and conventions signed by India do not automatically become enforceable in India unless they are incorporated into domestic law by Parliament. Example: The Protection of Human Rights Act, 1993 reflects international human rights standards from treaties like the ICCPR and ICESCR. 2. Judicial Interpretation: Indian courts, especially the Supreme Court, often refer to international law when interpreting constitutional or statutory provisions—especially when no conflict exists with Indian law. Example: In Vishaka v. State of Rajasthan (1997), the Supreme Court used the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) to lay down guidelines against sexual harassment at the workplace. 3. Binding Nature of Customary International Law: If a rule of customary international law is not contrary to Indian law, courts may apply it directly. Example: Principles of humanitarian law, non-refoulement (in refugee matters), etc., have been recognized even without a specific law. 4. Citizens’ Rights and Obligations Abroad: International agreements protect Indian citizens overseas—such as consular access, human rights, or trade protections. Example: The Vienna Convention on Consular Relations was invoked in the Kulbhushan Jadhav case at the International Court of Justice (ICJ). 5. International Trade and Environment Law: Global treaties on trade (WTO), environment (Paris Agreement), or intellectual property (TRIPS) influence laws that affect industries, prices, and environmental regulations in India, impacting citizens indirectly. In summary, international law affects Indian citizens through Parliament-made laws, court rulings, government treaties, and India's international obligations—but only if they do not conflict with Indian statutes or the Constitution.
Answer By AnikDear Client, International law determines the Indian citizens in several ways, mainly reliant on how such laws (will) be incorporated into the Indian laws. India is a dualist country, thus international treaties and conventions are not automatically incorporated into domestic laws. International agreements to come into force in India can only do so if incorporated through Acts passed by the Indian Parliament. Treaties and Conventions: Under Article 253 of the Indian Constitution, a parliament can pass laws to facilitate the implementation of international treaties and agreements. For instance, the Protection of Human Rights Act, 1993 represents India’s adherence to international human rights as expressed in treaties such as the International Covenant on Civil and Political Rights (ICCPR). Role of the Indian Judiciary The Indian judiciary has been instrumental in domesticating the international legal principles: Vishaka v. State of Rajasthan (1997): With no specific domestic law emanating from the sexual harassment at the workplace, the Supreme Court left guidelines for the country based on international conventions and in particular the convention on the elimination of all forms of discrimination against women (CEDAW). The Court claimed that international conventions, which are compatible with fundamental rights, could be read into the constitutional provisions to amplify the same. Practical Implications for Indian Citizens Human Rights Protections: The interpretation and extension of fundamental rights provided for under the Indian Constitution are influenced by the international human rights instruments, which make native citizens more secure. Environmental and Labor Standards: Engagement of India in international environmental treaties and labor conventions has resulted in domestic legislation and policies on development and worker’s rights. In conclusion, even though international law is not automatically applied in India, its principles have an important influence on the Indian legislative acts and court decisions, thus influencing the Indian citizens in many ways. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
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