Introduction on the Indian Law
The following information is citied from the Allens Arthur Robinson.
India is a constitutional democracy with a common law tradition, and a Federal system of Government. The Constitution provides for individual rights (Fundamental Rights) and for the enforcement of Fundamental Rights before the Supreme Court of India. The Supreme Court has demonstrated a willingness to interpret the Fundamental Rights contained in the Constitution in accordance with India's obligations under international law. The Supreme Court is also acknowledged for its innovative role in developing the jurisprudence on Fundamental Rights, including developing a conducive jurisdiction in which to bring public interest litigation. Corporations operating in India do not, as a general rule, have obligations to guarantee the rights under the Constitution. However, there is some scope in which the Supreme Court has applied such obligations to corporations, in order to ensure that their activities do not contravene certain of the Fundamental Rights. India also has a National Human Rights Commission and other active enforcement and investigative mechanisms by which human rights are monitored. The most significant area in which human rights have been considered by Courts in the context of corporate activity relates to the circumstances in which the corporation has been responsible for pollution of the environment. |