Download ICESCR & Directive Principles of State Policy in India: Overview of Rights and more Study Guides, Projects, Research Law in PDF only on Docsity! International Covenant on Economic, Social and Cultural Rights (ICESCR) and Directive Principles of State Policy (Part IV of Constitution of India): An Overview A] Introduction: The ICESCR1 is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966 which primarily focuses on social and cultural rights like food, health, education, shelter etc. and consists of 31 Articles divided into 5 parts. - Part 1 recognizes the right of all people to self-determination. - Part 2 establishes the principle of “progressive realization”, - Part 3 lists the economic, social, and cultural rights such as right to work under just and favourable conditions, right to social security, right to education etc. - Part 4 governs reporting and monitoring of the Covenant and steps taken by the parties to implement it and - Part 5 governs ratification, coming into force and amendment of the Covenant. India ratified this covenant on April 10, 1979. Most of the provisions in this covenant are found in Part IV (Directive Principles of State Policies) of the Indian Constitution. B] Object: The covenant and Directive principles of State Policy aims to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state. C] Legal Rights The directive principles which broadly incorporates the economic and social rights are as much as a part of human rights. Many rights enshrined in the Covenant on Economic, Social and Cultural Rights are incorporated in the directive principles is evident from the following table: Covenant on Economic, Social and Cultural Rights Indian Constitution Equal pay for equal work Article 7(a)(i) Article 39(d) Safe and humane Article 7(b) Article 42 1 International Covenant on Economic, Social and Cultural Rights - Indian Constitution provides under Articles 39(e) and 42 of the Directive Principles of State Policy regarding the health of workers. Article 47 of the Constitution provides that the State shall regard the improvement of public health as among its primary duties. - However, the Supreme Court held that right to health and medical care as an integral part of right to life provided under Article 21.5 6. Right to Food: - The International Covenant under Article 11 expressly lays down that every person has a right to be free from hunger and malnutrition. - However, the right to food is not recognized a fundamental right. Article 47 of the Constitution provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. Further, Article 39(a) directs the State to ensure that all citizens have the right to an adequate means of livelihood. - However, the Supreme Court has recognized the right to food as a part of the right to life stipulated in Article 21 of the Indian Constitution6. D] Case Laws: - 1. Randhir Singh v. Union of India7, The Supreme Court held that the principle of equal pay for equal work though not a fundamental right is certainly a Constitutional goal and, therefore, capable of enforcement through Constitutional remedies under Article 32 of the Constitution. 2. Chameli Singh v. State of U.P8. The Supreme Court held that the right to live implies the right to food, water, decent environment, education, medical care, and shelter. These are the basic human rights. Right to shelter includes adequate living space, safe and decent structure, clean and. Decent surroundings etc. to have easy access to his daily avocation. 5 Consumer Education and Research Center v. Union of India (1995) 3 S.C.C. 42 6 Kishen Pattnayak & another v. State of Orissa and People’s Union for Civil Liberties (PUCL) v. Union of India and others 7 A.I.R. 1982 Supreme Court p. 879 8 (1996) 2 S.C.C. 549 E] Conclusion: While India acceded the Covenant on Economic, Social and Cultural Rights, it made certain reservations in the application of certain provisions. For instance, Article 1 of the Covenant lays down as to the right of self-determination shall apply only to the people under foreign domination and not to sovereign independent States or to a section of people or nation which is the essence of national integrity. Articles 4 and 8 of the Covenant shall be so applied to be in conformity with the provisions of Article 19 of the Constitution. Article 7(c) of the Covenant shall be so applied as to be in conformity with the provisions of Article 16(4) of the Constitution. All the provisions of the Covenant on Economic, Social and Cultural Rights are binding on India except those in respect of which reservation has been made in the Instrument of accession. F] References: 1. International Law & Human Rights, Dr. H.O. Agarwal, 21st Edition, 2016 Central Law Publications 2. https://www.legalserviceindia.com/articles/escrights.htm 3. https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx
