Bridging International Norms And Domestic Realities: India’s ICCPR Journey Towards Access To Justice

Mr. Saurabh Tiwari
DOI:

Abstract

This paper will critically examine India’s journey in integrating the ICCPR (International Covenant on Civil and Political Rights), which came into force on 23 March 1976, into its domestic framework, navigating the intersection of international legal regimes and local jurisprudence. Drawing on an extensive literature review, analysis of primary legislation including the Indian Constitution and human rights statutes, and evaluations of UN Human Rights Committee reports, the study appraises both India’s commitments and the gaps in enforcing the ICCPR’s provisions. Although India’s formal ratification and constitutional guarantees have established a framework for civil and political rights, challenges persist in practice, as evidenced by issues such as arbitrary detention, constraints on freedom of expression, and systemic shortcomings in protecting vulnerable communities. By critically assessing the enforcement mechanisms, this work highlights the crucial role of institutions such as the National Human Rights Commission and international oversight by the UN, detailing how these actors strive to transform formal rights into effective safeguards. Ultimately, the paper argues that bridging the gap between international human rights obligations and domestic practice is essential for ensuring justice that is accessible, accountable, and available to all. The discussion concludes with policy recommendations aimed at reinforcing legal accountability and enhancing remedial measures, thus offering a pathway toward a more inclusive and responsive justice system in India.

Keywords

International Covenant on Civil and Political Rights (ICCPR), Human Rights in India, Access to Justice, Civil and Political Rights, National Human Rights Commission (NHRC), International Human Rights Law, Enforcement and Compliance Mechanisms