Where there is a contradiction between international law and a domestic statute, the Court would give effect to the latter. In

In Vishakav State of Rajasthan226, this Court observed that in the absence of domestic law, the Convention on the Elimination of Discrimination against Women (CEDAW) is applicable

while acceding to the ICCPR, India did not file any reservation or declaration to Article 17. While India filed reservations against Articles 1, 9 and 13, there was none to Article 17

Article 17 of the ICCPR provides thus:“The obligations imposed by this article require the State to adopt legislative and other measures to give effect to the prohibition against such interferences and attacks as well as to the protection of the right.”

Article 12 of the Universal Declaration of Human Rights

Article 51 of the Constitution, which forms part of the Directive Principles, requires the State to endeavour to “foster respect for international law and treaty obligations in the dealings of organised peoples with one another

adverted to international conventions acceded to by India including the UDHR and ICCPR. Provisions in these conventions which confer a protection against arbitrary and unlawful interference with a person’s privacy, family and home would, it was held, be read in a manner which harmonizes the fundamental rights contained in Articles 14, 15, 19 and 21 with India’s international obligations

India’s international commitments under the Universal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights(ICCPR)