A reading of fundamental rights and duties in the Constitution of India reveals that they constitute the Human Rights charter in India. The Judiciary, the major protective and enforcement machinery, is very active in protecting Human Rights. Judicial activism in this field has added new dimensions to Human Right Jurisprudence.
There are a number of cases (eg. State v. Makwanyane 1995, Ex Parte Gauteng (1996), Mikro (2005), Bhe v. Khayelitsha 2004, Ministry of Health & others v. Treatment Action Compain & Other 2002) where courts apply the provisions of the International conventions (ICCPR, ICESCR) to fill the gaps in legislation.
The apex court has also ventured to apply international convention even where there was no legislation in the area. It is said that the judiciary has selectively been implementing international conventions at the National Level but Indian Judicial set up and constitutional framework seem silent on the issue of enforcement of the same.
Hence Present Seminar aims at familiarizing students with the judicial activism in protecting Human Rights and enabling them to evaluate the adequacy of the methods of this enforcement, specially with a comparative analysis of state obligation as Human Rights protector and public participation as duty abider to get access to Human Rights.
Call for Papers:
All Papers are to be presented in English only. They should be submitted in hard as well as soft copies. Soft copy should be in MS – Office – 2003 in Font Times New Roman Size – 14. It should be neatly typed in double space on one side of A-4 size paper. Research Paper should not exceed 5,000 words.
Global & Domestic Concern of Human Rights.
Human Rights & Environment.
Human Rights & Vulnerable Groups.
Public Participation as core factor of Human Rights Enforcement.
Human Right v. Development & Technical Advertisement.
Indian Judiciary and ICCPR and ICESCR.
The last date for submission of abstract is 2nd May, 2013.
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