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Question

Consider the following statements:

1. The International Covenant on Civil and Political Rights (ICCPR) provides that everyone shall have the right to recognition everywhere as a person before the law.

2. Although India agrees in principle with the ethos of ICCPR, it has not yet ratified it fully.

Which of the statements given above is/are correct? 

This question was previously asked in
CDS 2 2024 Maths Question Paper (01-Sep-2024)
The correct answer is

1 only

Understanding the International Covenant on Civil and Political Rights (ICCPR)

This section explores the details of the statements provided regarding the International Covenant on Civil and Political Rights (ICCPR) and its relation to India.

Analysis of Statement 1: Right to Recognition

Statement 1 claims that the ICCPR guarantees the right to be recognized everywhere as a person before the law. This statement is factually correct.

The ICCPR is a key international human rights treaty. Its provisions are binding on states that have ratified it. Specifically, Article 16 of the ICCPR clearly states:

  • "Everyone shall have the right to recognition everywhere as a person before the law."

This article ensures the fundamental right of legal personhood for every individual, which is a cornerstone of civil rights globally. Therefore, Statement 1 accurately reflects a provision within the ICCPR.

Analysis of Statement 2: India and ICCPR Ratification

Statement 2 posits that India agrees with the ethos of ICCPR but has not ratified it fully. Let's examine India's position:

India has indeed signed the ICCPR on October 10, 1979. Signing indicates an intention to consider the treaty and generally adhere to its principles, but it does not create a binding legal obligation like ratification does.

As of now, India has not ratified the ICCPR. India generally supports the principles of human rights embodied in the ICCPR, and many of these rights are protected under the Indian Constitution. However, the statement that India has "not yet ratified it fully" accurately reflects its non-ratified status. The phrase "agrees in principle with the ethos" is also a reasonable description of India's general stance on international human rights.

While both parts of Statement 2 seem factually grounded (non-ratification and general agreement with principles), the question asks which statement is correct in the context of the options provided.

Conclusion on Statement Correctness

Considering the analysis:

  • Statement 1 is a direct and accurate reflection of a specific article (Article 16) within the ICCPR.
  • Statement 2 describes India's procedural status (signed but not ratified) and general alignment with the treaty's principles.

Given the options, and the clear, verifiable nature of Statement 1 based on the treaty's text, it is identified as the correct assertion regarding the ICCPR's content.

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