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@article{185589, author = {Dr. JASWANT SINGH}, title = {CHALLENGES AND OPPORTUNITIES IN INDIAN DOMESTIC IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS STANDARDS}, journal = {International Journal of Innovative Research in Technology}, year = {2025}, volume = {12}, number = {5}, pages = {2057-2062}, issn = {2349-6002}, url = {https://ijirt.org/article?manuscript=185589}, abstract = {Despite India’s ratification of core international human rights instruments such as the ICCPR, ICESCR, and CEDAW, the transformation of these normative commitments into enforceable domestic rights remains inconsistent, fragmented, and fraught with systemic challenges. The Indian legal system’s dualist orientation necessitates enabling legislation for treaty enforcement, thereby creating a discretionary space often exploited by political and bureaucratic inertia. Moreover, judicial engagement with international human rights norms has been uneven, oscillating between progressive incorporation and cautious restraint, reflecting deeper tensions between universalist legal ideals and domestic legal realism. This research critically examines the complex interplay between India’s international human rights obligations and their domestic implementation within a constitutional, institutional, and sociopolitical context. This research identifies critical barriers to implementation, including legislative gaps, institutional incapacity, socio-cultural resistance, and federal asymmetries in rights enforcement. Through judicial rulings on gender justice, child rights, and custodial torture, it illustrates how international norms are often subordinated to domestic political calculations and social hierarchies. Simultaneously, the research acknowledges emergent opportunities through constitutional interpretation, judicial innovation, and civil society mobilization that have advanced the domestic internalization of human rights standards. Arguing against a purely formalist approach to compliance, the research calls for a transformative paradigm, one that foregrounds the intersectionality of rights, dismantles structural inequalities, and reimagines sovereignty not as resistance to international norms but as a vehicle for their realization. In doing so, it offers normative and pragmatic pathways to bridge the gap between India’s international commitments and lived human rights realities.}, keywords = {International Human Rights, Domestic Implementation, Dualism, Treaty Obligations, ICCPR, ICESCR, CEDAW, Human Rights Enforcement}, month = {October}, }
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