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India and the ICCPR: What Ratification Means and How Survivors Can Use It

  • rasika773
  • 4 days ago
  • 7 min read

"Hello everyone! Today, we're excited to discuss an important topic - The Impact of ICCPR Ratification in India: Implications and Avenues for Survivor Engagement. Before we begin, we want to take this opportunity to remind you that if you are experiencing any form of stress or violence, please remember that each person's journey through stress or trauma is unique, and it's essential to recognize your individuality. Experiencing abuse is never acceptable, and the effects you may feel are valid. Remember, healing is a personal journey, and there's no one-size-fits-all approach. You have the power to define your path to recovery. If you're seeking additional resources or support, don't hesitate to reach out Imaara Foundation.

Let's dive into this discussion together!"


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Written by: Samyuktha Sairam


What is the ICCPR?

The International Covenant on Civil and Political Rights (ICCPR) is a United Nations treaty adopted on December 16, 1966, designed to protect fundamental civil and political rights such as freedom from slavery, freedom from torture, and freedom of movement (United Nations, 2025). Although drafted in 1966, it entered into force only in 1976 after receiving the required 35 ratifications. The ICCPR builds on the principles of the Universal Declaration of Human Rights and aims to uphold the rights and dignity of all individuals. Together with the International Covenant on Economic, Social and Cultural Rights, it forms a core part of the International Bill of Human Rights and has significantly shaped contemporary human rights discourse.


The ICCPR is an optional protocol, meaning it is binding only on nations that choose to become parties to it. Once a country ratifies—formally agrees to—the treaty, individuals may submit complaints to their national Human Rights Commission if they believe their civil or political rights have been violated. India has signed but only partially ratified the ICCPR, maintaining reservations regarding Articles 1, 9, and 13. This indicates that although India agrees to the broader objectives of the covenant, it has opted out of certain provisions. A state may enter such reservations as long as they do not undermine the overall purpose of the treaty. India also participates in the ICCPR’s periodic review process, allowing it to contribute meaningfully to discussions and revisions concerning the implementation of the covenant (Permanent Mission of India, 2024).

What is the Composition and Rights provided by the ICCPR?

The composition of the ICCPR closely mirrors that of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and is relatively straightforward. The ICCPR contains an introductory preamble followed by six parts comprising 53 articles.


Part I

Part I consists of Article 1, which affirms the right of all peoples to self-determination, that is, the right to freely determine their political status and pursue their economic, social, and cultural development.


Part II

Part II includes Articles 2 to 5, which obligate state authorities to give legal effect to the rights outlined in the Covenant and to provide legal remedies when violations occur. This section also contains one of the Covenant’s most foundational provisions, Article 2, which establishes the principle of non-discrimination, requiring that all individuals receive their rights regardless of race, gender, caste, creed, or other status.


Part III

Part III comprises Articles 6 to 26, detailing a wide range of individual rights such as the right to life, the right to liberty, habeas corpus (the right to challenge unlawful detention), freedom of movement, and the right to vote. Some of these rights require implementation through domestic legislation, meaning that not all signatory states may fully apply them, especially if they have entered reservations regarding specific articles.


Part IV

Part IV includes Articles 28 to 45, which establish the Human Rights Committee (HRC). This Committee, distinct from the United Nations Human Rights Council, is an international body of 18 independent experts responsible for monitoring implementation of the Covenant. It examines state reports, handles communications from individuals (where permitted), and clarifies obligations under the ICCPR. It is sometimes referred to as the Committee on Civil and Political Rights (CCPR) to avoid confusion. In addition to the international body, many countries, including India, have their own national Human Rights Commissions, and several Indian states maintain State Human Rights Commissions as well.


Part V

Part V contains Articles 46 and 47, which clarify that the Covenant does not diminish the responsibilities or powers of the United Nations or the rights of peoples.


Part VI

Part VI comprises Articles 48 to 53, which outline procedures for ratification, accession, amendments, and entry into force of the Covenant (United Nations, n.d.).

What is the Ratification of the ICCPR in India?

As discussed in the previous section, the International Bill of Human Rights is optional in nature, and states may choose the extent to which they incorporate its provisions into their domestic legal systems. India has partially ratified the ICCPR and maintains reservations regarding Articles 1, 9, and 13 (Permanent Mission of India, 2024).


India’s reservation to Article 1 relates to its interpretation of the right to self-determination. The Indian government has argued that the article should apply only to specific groups—such as minority or colonized populations—and not to the country as a whole. India has expressed concern that Article 1 could be interpreted as supporting a right to secession or withdrawal from an established political union. Several member states, including France and the United States, have questioned India’s position on this reservation (Bayefsky, 2025).


With regard to Article 9, which protects individuals from arbitrary arrest or detention, India states that it will implement this article only to the extent permitted by its existing legal system. India maintains that the protections outlined in Article 9 are already provided for under Article 22 of the Indian Constitution, which guarantees safeguards against unlawful arrest and detention.


Finally, Article 13 safeguards the rights of non-nationals residing in a state, ensuring they cannot be expelled without due process and proper representation. India has reserved the right to apply its domestic policies and procedures in matters involving visiting foreign nationals, thereby limiting the direct applicability of Article 13.

What is the Reality and Experience of GBV Survivors in Using the ICCPR?

India has periodically reviewed its implementation of the ICCPR since signing the covenant. During its most recent review, key issues discussed included freedom of expression, freedom of assembly, and other fundamental rights. The Centre for Civil and Political Rights (CCPR) has highlighted a recurring challenge: the gap between India’s legislation and its practical enforcement. While the ICCPR obliges states to enshrine these rights in law, it does not directly regulate violations. Enforcement and oversight are the responsibility of the corresponding Human Rights Committee (HRC).


For example, despite the existence of the Protection of Women from Gender-Based Violence Act, many individuals continue to face insecurity from gender-based violence. While the UN cannot enforce laws directly, it can encourage compliance through international scrutiny, support for civil society, and funding local NGOs to assist states in meeting their obligations under the protocol. In extreme cases where non-compliance threatens international security, the UN Security Council may impose sanctions. The HRC can also monitor progress more effectively by reviewing ‘shadow reports’ submitted by NGOs and comparing them to official government reports, consolidating the findings, and recommending corrective action.


The CCPR has urged the HRC to exercise greater diligence, noting that India’s fourth periodic report—originally due in 2001—was only submitted in 2022. Many recommendations made in 1997 were still relevant at the time of submission. While India’s legal framework is extensive, the committee has emphasized that implementation and enforcement remain significant challenges. For instance, despite laws designed to protect women from gender-based violence, enforcement often falls short, and access to maternal healthcare and safe abortion services remains inadequate.


As of 2024, the HRC has been tasked with monitoring progress and providing reports to the CCPR on issues including anti-corruption measures, non-discrimination, counter-terrorism, and security measures (Centre for Civil and Political Rights, 2024)

How Can I Use the ICCPR?

If you believe that one of your civil or political rights has been violated, you may make use of India’s ratification of the ICCPR. Consulting a legal professional can help guide you through the process and identify which rights may have been compromised.


The ICCPR has also inspired the formation of numerous NGOs and support services, including:

  • Amnesty International India – an India-based branch of the international human rights organization.

  • Child Rights and You (CRY) – advocating for the rights of children.

  • Acid Attack Survivors Saahas Foundation – supporting survivors of acid attacks.

  • Give India Foundation – facilitating donations for various social causes.


You may also reach out to your National or State Commissions for Women or the police to file a complaint under the Indian Penal Code or the Protection of Women from Domestic Violence Act.


The National Commission for Women (NCW) can be contacted at 7827-170-170 or via email at ncw@nic.in.

Additionally, complaints can be filed directly with the Human Rights Commission (HRC):


Please note: the HRC cannot accept complaints regarding incidents that occurred more than one year prior to filing. It is therefore important to submit complaints as soon as possible. The complaint does not need to be filed by the victim themselves; a family member, friend, or someone familiar with the incident may file on their behalf. You may approach either the National HRC or a State HRC, but not both, as they operate independently. A report filed with a State HRC cannot be simultaneously filed with the National HRC.

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