LLM Notes: Gramophone Co. v. Birendra Bahadur Pandey: Supreme Court's Position on International Law in Indian Domestic Law

 Summary of the Judgment

In Gramophone Company of India Ltd. v. Birendra Bahadur Pandey (1984), the Supreme Court of India addressed the relationship between international law and domestic law, particularly focusing on the application of the Berne Convention and the Customs Act, 1962. The Court interpreted Article 51(c) of the Indian Constitution, which urges the state to respect international law and treaty obligations.

Key Holdings

• The Supreme Court held that international law, including treaties and conventions, can be incorporated into Indian domestic law unless there is a direct conflict with an existing parliamentary statute.

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LLM Notes: Discuss the legal status of universal declaration of human rights and its contribution in international level

 The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on December 10, 1948, is a foundational international document that articulates the basic rights and fundamental freedoms to which all human beings are entitled. It covers a broad spectrum of rights, including civil, political, economic, social, and cultural rights, such as the right to life, liberty, free speech, social security, health, and education.

Legal Status of the UDHR

• Non-binding nature: The UDHR is not a treaty and therefore does not directly create legally binding obligations on countries. It is considered a declaration, which generally expresses aspirations or understandings rather than enforceable legal duties.

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LLM Notes: Human Rights of Tribal Communities in India: Constitutional Safeguards and Challenges

 The human rights of tribal people in India, often referred to as Adivasis or Scheduled Tribes (STs), are protected through various constitutional provisions, laws, and policies aimed at preserving their autonomy, culture, land rights, and socio-economic welfare.

Key Human Rights of Tribal People in India

1. Land and Forest Rights

• Tribal communities have the right to hold and live on forest land, either individually or collectively, for habitation and livelihood through self-cultivation.

• The Forest Rights Act (FRA) recognizes and secures the rights of forest-dwelling tribes over their traditional lands and resources, providing protection against exploitation by the state or private entities.

• Tribal land cannot be sold or transferred except by inheritance, ensuring protection of their ancestral land.

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LLM Notes: Human Rights in Non-Western Thought

 Cultural Foundations and Distinctions

Human rights in non-Western thought are rooted in diverse cultural, philosophical, and religious traditions that often differ from the individualistic, legalistic framework prevalent in Western societies. While the modern concept of human rights—as universal entitlements held by all people simply by virtue of being human—was articulated in the West, similar ideas about justice, dignity, and protection of the individual and community have deep precedents in non-Western societies.

Key Features of Non-Western Approaches

• Emphasis on Community and Collective Rights: Many non-Western societies, such as those in Africa, prioritize communal values and group rights alongside, or even above, individual rights. 

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