Impact of Globalisation on Human Rights
Impact of Globalisation on Human Rights
1. Understanding Globalisation and Human Rights
Globalisation refers to the growing interconnectedness of countries through trade, communication, culture, and technology.
It has led to increased cross-border interactions, economic integration, and exchange of ideas.
Human rights are the fundamental rights and freedoms entitled to every individual, regardless of nationality, race, or status.
2. Positive Impacts of Globalisation on Human Rights
a) Awareness and Promotion
Globalisation has increased awareness of human rights violations worldwide.
Through the internet, media, and NGOs, violations in one country become known globally, putting pressure on governments to comply with human rights standards.
b) International Cooperation
It encourages collaboration between countries to protect human rights.
Exchange of legal ideas and norms has influenced the development of human rights jurisprudence in domestic courts.
c) Economic Growth and Development
Globalisation can lead to economic growth, which, if equitably distributed, helps realize rights related to health, education, and an adequate standard of living.
3. Negative Impacts of Globalisation on Human Rights
a) Economic Inequality and Exploitation
Globalisation has sometimes resulted in widening economic inequalities, both within and between countries.
Multinational corporations might exploit labor and natural resources in weaker economies, leading to violations of labor rights and environmental rights.
b) Cultural Imperialism
There is a risk of cultural homogenization where dominant cultures suppress local traditions and identities, impacting the right to cultural freedom.
c) Sovereignty and Policy Space
Globalisation limits the ability of states to design policies protecting vulnerable groups because of international trade and investment agreements, sometimes conflicting with human rights obligations.
4. Impact of Globalisation on Indian Human Rights Jurisprudence
Indian courts have engaged with global human rights standards, recognizing that globalisation brings international norms closer to domestic law.
Courts have referenced international human rights principles (without direct enforcement) to interpret the Indian Constitution's fundamental rights more expansively.
5. Key Indian Case Laws Reflecting Globalisation’s Impact on Human Rights
📌 Vishaka v. State of Rajasthan, AIR 1997 SC 3011
The Supreme Court laid down guidelines against sexual harassment at workplace, relying on international conventions and global human rights norms.
The case reflects how global human rights principles have influenced Indian law in protecting women's rights.
📌 Consumer Education and Research Centre v. Union of India, AIR 1995 SC 922
The Court expanded the concept of the right to life under Article 21 to include environmental rights.
This case reflects the impact of global environmental concerns (part of global human rights discourse) on Indian jurisprudence.
📌 Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751
The Court considered international environmental norms and human rights principles to balance development with rights of displaced persons.
This reflects the global-local nexus shaped by globalisation.
📌 Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180
The Supreme Court recognized the right to livelihood as part of the right to life.
Economic rights and social justice concerns have become part of Indian jurisprudence influenced by global human rights perspectives.
6. Judicial Recognition of Globalisation in Human Rights Context
Indian courts view globalisation as both a challenge and opportunity.
They encourage harmonizing domestic laws with global human rights standards to enhance protection.
Courts also recognize the need to balance economic liberalization with protection of fundamental rights.
7. Conclusion
Globalisation has had a profound impact on human rights in India.
It has facilitated greater awareness, adoption of international norms, and expanded judicial interpretation of rights.
However, it also poses challenges related to inequality, exploitation, and cultural threats.
Indian courts have played a crucial role in integrating global human rights principles into domestic law while protecting Indian socio-economic realities.
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