International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 8 Issue 2
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Integrating International Human Rights Norms with Indian Criminal Law: Challenges in Enforcement and Judicial Interpretation

Author(s) Bhumika Batra
Country India
Abstract This article analyzes the role of international human rights standards in shaping the interpretation and evolution of Indian criminal law, also noting the longstanding gap between the doctrinal recognition of human rights and the institutional implementation of the rights. This study also discusses the importation of international criminal law principles into India's criminal law via judicial interpretation of the Indian Constitution—most notably, the provisions of Articles 14, 20, 21, 22, 32, 39A, 51(c), and 253. The article discusses the following landmark decisions of the Indian Supreme Court: Vishaka vs. State of Rajasthan, D.K. Basu vs. State of West Bengal, Nandini Satpathy vs. P. L. Dandwav, State of Karnataka v. Selvi, Sunil Batra vs. Delhi Administration, Hussainara Khatoon, Nilabati Behera v. State of Orissa, etc. This article illustrates how India's apex court, over the decades, has relied upon international law in articulating arrest, interrogation, fair trial, prison law, legal aid, gender justice, and State compensation abuse. This article analyzes, and comments upon, the extent to which the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, 2023 comply with international human rights standards. The ultimate finding of the article is that judicial activism has humanized Indian criminal law, however, the incompleteness of legislation, custodial violence, weak enforcement at trial, over-incarceration, and institutional variations have all served to limit the operationalization of international standards. The article proposes that 'doctrine,’ 'legislation,' and 'practice' need to be fused and harmoniously brought together at all levels.
Keywords international, human, rights, constitution, section, article, CEDAW.
Published In Volume 8, Issue 2, March-April 2026
Published On 2026-04-01
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E-ISSN 2582-2160
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