Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

International Context

Question:

It is clearly stated in the Constitution of India that the State shall work to ‘foster respect for international law and treaty obligations in the dealings of organized peoples with one another’. According to Article 253 of the Indian Constitution, the Parliament and the Union of India have the authority to carry out treaties and may even meddle with state government authority in order to give effect to provisions of an international treaty. It was noted in a landmark judgement that the court must interpret the constitution's clauses in light of the United Nations Charter. The view of how the Indian Constitution interacts with the international agreements to which India is a party has evolved through time.

In which of the following cases the court used the provisions of the Convention on Elimination of all forms of Discrimination against Women (CEDAW)?

Options:

Magan Bhai Patel v Union of India

Sheela Barse v Secretary Children's Aid Society

Vishaka v State of Rajasthan

Kesavananda Bharti v. State of Kerala

Correct Answer:

Vishaka v State of Rajasthan

Explanation:

In the case of Vishaka v State of Rajasthan, the Indian courts used the provisions of the Convention on Elimination of all forms of Discrimination against Women, (CEDAW), to create legally binding obligations regarding sexual harassment.