In Vishaka v. State of Rajasthan (1997), what did the Supreme Court say about the use of international…
Vishaka (1997) held that "Any International Convention not inconsistent with the fundamental rights and in harmony with its spirit must be read" into those provisions to…
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In Vishaka v. State of Rajasthan (1997), what did the Supreme Court say about the use of international conventions where there is no domestic law occupying the field?
Answer and explanation
Correct answer C
Vishaka (1997) held that "Any International Convention not inconsistent with the fundamental rights and in harmony with its spirit must be read" into those provisions to enlarge their meaning and content. The Court relied on the Convention on the Elimination of All Forms of Discrimination against Women and framed guidelines to be treated as law declared under Article 141. Conventions do not, however, override the fundamental rights.
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