Indian Judiciary and Its Role in Interpreting Humanitarian Law

The Indian judiciary has long occupied the forefront of upholding human rights and fundamental freedoms and, in most instances, granting protection to aliens within its reach of territory. Although India is not a signatory to all major international humanitarian law (IHL) treaties, its judiciary has evidently transposed IHL concepts and interpreted them in the light of the Indian Constitution. This paper examines the multi-polar role of the Indian judiciary in applying and interpreting humanitarian law, particularly where domestic legislation is lacking. It examines how provisions of the Constitution, namely Article 21 (Right to Life and Personal Liberty), have served as a vehicle for the introduction of IHL norms, particularly in relation to the treatment of refugees, internally displaced persons, and vulnerable groups. Through analysis of landmark judgments, this article highlights the progressive aspect of the judiciary, its efforts to strike a balance between sovereignty at the national and international levels, and its individual contribution towards global discourse on humanitarian law.