Yes, Indian courts can enforce international law, but with certain conditions. How Indian courts deal with international law: 1. Customary International Law Indian courts recognize and apply customary international law (general rules accepted as law among nations) as long as it does not conflict with Indian law. For example, rules about diplomatic immunity, piracy, or territorial waters may be applied. 2. Treaties and Conventions - India follows a dualist approach, which means international treaties do not automatically become law in India. - A treaty must be ratified by the Government of India and then enacted into domestic law by Parliament before courts can enforce it. 3. Constitutional Provisions - Article 51(c) of the Indian Constitution encourages respect for international law, but it is non-enforceable. - Article 253 empowers Parliament to make laws for implementing treaties or international agreements. 4. Judicial Interpretation Courts may use international conventions to interpret domestic law, especially in human rights, environmental, or child protection cases—even if the treaty has not been fully enacted into Indian law—provided it does not contradict any existing Indian law. Examples from Indian case law: - In Vishaka v. State of Rajasthan (1997), the Supreme Court used the CEDAW treaty (Convention on Elimination of Discrimination Against Women) to frame guidelines against sexual harassment at workplaces. - In Gramophone Company v. Birendra Bahadur Pandey (1984), the court accepted the principle of customary international law related to extradition. Conclusion So, while Indian courts do respect and apply international law, they enforce it only when: - It aligns with Indian law or has been legislated domestically. - It helps interpret existing rights or fills legal gaps without conflict.

Dear Client,  While following a constitutional framework in which India is not fully bound by other countries’ laws, courts here have shown a keen interest and approach in using and upholding international law. They act upon international law only when it is included in their own domestic rules. Nonetheless, due to activism and the interpretation of laws by the judiciary, especially concerning human rights and the environment, courts sometimes turn to principles of international law, mainly international customary law, to fill missing areas of domestic law, align legal provisions and ensure India follows its obligations internationally. The constant changes in this practice mirror how India’s independence affects its behavior globally. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.