Treaties & Conventions

Article 253

How India Makes Treaties

The executive signs, Parliament legislates

In India the executive negotiates, signs and ratifies treaties; parliamentary approval is not constitutionally required. But treaties are not automatically part of domestic law: where implementation affects rights or requires changes in law, Parliament must legislate, and Article 253 gives it power to do so even on State List subjects. Courts interpret laws consistently with India's treaty obligations where possible (Vishaka, 1997).

• Article 253: Parliament can legislate to implement treaties.
• India follows a dualist approach.

1969

Vienna Convention on the Law of Treaties

The treaty on treaties

The VCLT codifies the rules on making, interpreting and terminating treaties, including pacta sunt servanda (Article 26), interpretation in good faith according to ordinary meaning, context and purpose (Article 31), and jus cogens (Article 53). India is not a party, though Indian courts treat many of its rules as customary international law.

• Article 26: pacta sunt servanda.
• Article 31: rule of interpretation.

1982

UN Convention on the Law of the Sea

The constitution of the oceans

UNCLOS sets a 12-nautical-mile territorial sea, a 24-mile contiguous zone, a 200-mile exclusive economic zone and rules for the continental shelf, created ITLOS and the International Seabed Authority, and provides for dispute settlement. India ratified it in 1995.

• Territorial sea: 12 nautical miles. EEZ: 200 nautical miles.
• India ratified in 1995.

2023

The High Seas Treaty (BBNJ Agreement)

Biodiversity beyond national jurisdiction

Adopted in 2023 under UNCLOS, the Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction provides for marine protected areas on the high seas, environmental impact assessments and the sharing of benefits from marine genetic resources. It entered into force on 17 January 2026 after 60 ratifications. India has signed it but, as of early 2026, had not ratified it.

• In force 17 January 2026.
• India has signed but not ratified.

1948

Genocide Convention

Prevent and punish

The Convention on the Prevention and Punishment of the Crime of Genocide obliges states to prevent and punish genocide. India ratified it in 1959 but has not enacted a specific domestic law criminalising genocide.

• India ratified in 1959.

1966

The Two Covenants (ICCPR and ICESCR)

The International Bill of Rights

The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, together with the UDHR, form the International Bill of Human Rights. India acceded to both in 1979, but is not a party to the ICCPR's Optional Protocol allowing individual complaints to the UN Human Rights Committee.

• India acceded in 1979.
• Not a party to the individual-complaints Optional Protocol.

1979

CEDAW

Women's rights

The Convention on the Elimination of All Forms of Discrimination against Women is often called the international bill of rights for women. India ratified it in 1993 with declarations, including on personal laws. The Supreme Court relied on it in Vishaka (1997).

• India ratified in 1993.
• Relied on in Vishaka.

1989

Convention on the Rights of the Child

The most ratified human rights treaty

The CRC, adopted on 20 November 1989, is the most widely ratified human rights treaty. India acceded in 1992; the Juvenile Justice Act 2015 and the POCSO Act draw on it.

• India acceded in 1992.

1965

Convention on the Elimination of Racial Discrimination

India among the early parties

The International Convention on the Elimination of All Forms of Racial Discrimination was one of the first UN human rights treaties. India ratified it in 1968. India's position that caste is not covered by "race" has been debated before its monitoring committee.

1984

Convention against Torture

Signed, not ratified

The UN Convention against Torture requires states to criminalise torture and prevent it. India signed it in 1997 but has not ratified it; a Prevention of Torture Bill (2010) lapsed.

• India signed in 1997 but has not ratified.

2006

Convention on the Rights of Persons with Disabilities

Disability rights

India was among the first countries to ratify the CRPD, in 2007. The Rights of Persons with Disabilities Act 2016 was enacted to implement it.

• India ratified in 2007.

1951

The 1951 Refugee Convention

India is not a party

The Convention relating to the Status of Refugees and its 1967 Protocol define refugees and the principle of non-refoulement (not returning people to persecution). India is not a party to either, and has no national refugee law, though it has hosted millions of refugees; courts have applied Article 21 to protect them in some cases.

• India is not a party.

1949 and 1977

Geneva Conventions and Additional Protocols

India's partial status

India ratified the four Geneva Conventions of 1949 in 1950 and implements them through the Geneva Conventions Act 1960, but it is not a party to the two Additional Protocols of 1977 on international and non-international armed conflicts.

• Not a party to the 1977 Additional Protocols.

1998

The Rome Statute and India

Why India stayed out

India abstained at the Rome Conference and is not a party to the Rome Statute of the ICC. Its objections included the Security Council's power to refer and defer cases, the omission of nuclear weapons and terrorism, and concerns about sovereignty.

• India is not a party.

1968 and 1996

NPT and CTBT

Nuclear non-proliferation

India has not signed the Nuclear Non-Proliferation Treaty (1968), calling it discriminatory because it divides the world into nuclear "haves" and "have-nots", nor the Comprehensive Nuclear-Test-Ban Treaty (1996). India conducted nuclear tests in 1974 (Pokhran-I) and 1998 (Pokhran-II).

• India is not a party to either.

1972 and 1993

Chemical and Biological Weapons Conventions

India is a party to both

India is a party to the Biological Weapons Convention (1972) and the Chemical Weapons Convention (1993), under which it declared and destroyed its chemical weapons stockpile by 2009. The Chemical Weapons Convention Act 2000 implements it.

• India destroyed its chemical weapons by 2009.

1997

The Ottawa (Mine Ban) Treaty

Anti-personnel landmines

The Ottawa Convention bans anti-personnel landmines. India is not a party, citing its security needs along long land borders.

1967

Outer Space Treaty

Space as the province of mankind

The Outer Space Treaty declares space free for exploration by all states, bans claims of sovereignty over celestial bodies and the placing of nuclear weapons in orbit. India is a party. It signed the Moon Agreement (1979) but has not ratified it.

• India signed but did not ratify the Moon Agreement.

1959

Antarctic Treaty

A continent for science

The Antarctic Treaty sets Antarctica aside for peaceful and scientific purposes and freezes territorial claims. India acceded in 1983 and became a consultative party the same year; its research stations are Maitri and Bharati. The Indian Antarctic Act 2022 applies Indian law to its activities there.

• Indian stations: Maitri and Bharati.
• Indian Antarctic Act 2022.

1992–2015

UNFCCC, Kyoto and Paris

Climate change treaties

The UN Framework Convention on Climate Change (1992) set up the climate regime on the principle of "common but differentiated responsibilities". The Kyoto Protocol (1997) set binding targets for developed countries. The Paris Agreement (2015) requires all parties to submit nationally determined contributions to keep warming well below 2°C. India is a party to all three; it ratified the Paris Agreement on 2 October 2016, Gandhi Jayanti.

• Common but differentiated responsibilities.
• India ratified Paris on 2 October 2016.

1987

Montreal Protocol

The ozone success story

The Montreal Protocol phases out ozone-depleting substances and is regarded as the most successful environmental treaty; it is universally ratified. India joined in 1992, and ratified the Kigali Amendment on hydrofluorocarbons in 2021.

1971–1992

CBD, Ramsar and CITES

Nature treaties

India is a party to the Convention on Biological Diversity (1992), implemented by the Biological Diversity Act 2002; the Ramsar Convention on Wetlands (1971), under which it has designated a large number of Ramsar sites; and CITES (1973), which regulates trade in endangered species.

• CBD implemented by the Biological Diversity Act 2002.

1989 and 2001

Basel and Stockholm Conventions

Hazardous waste and toxic chemicals

The Basel Convention controls cross-border movements of hazardous wastes, and the Stockholm Convention eliminates persistent organic pollutants. India is a party to both.

1958

The New York Convention

Enforcing foreign arbitral awards

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards obliges courts in member states to enforce foreign arbitral awards, with limited grounds for refusal. India was among its early signatories and applies it on a reciprocity basis to commercial disputes, through Part II of the Arbitration and Conciliation Act 1996.

• Given effect through Part II of the Arbitration Act.

1883–1994

Berne, Paris and TRIPS

Intellectual property treaties

India has been a member of the Berne Convention for the Protection of Literary and Artistic Works since 1928, joined the Paris Convention for the Protection of Industrial Property in 1998, and is bound by the WTO's TRIPS Agreement (1994), which led to the product patent regime introduced in 2005.

• India joined Berne in 1928.
• TRIPS led to product patents in 2005.

1961 and 1963

Vienna Conventions on Diplomatic and Consular Relations

Diplomats and consuls

The 1961 Convention codifies diplomatic immunity and the inviolability of embassies; the 1963 Convention governs consular relations, including the right of detained foreign nationals to consular access — the basis of India's win in the Jadhav case (2019). India gives effect to diplomatic privileges through the Diplomatic Relations (Vienna Convention) Act 1972.

2000 and 2003

UNCAC and UNTOC

Corruption and organised crime

India ratified both the UN Convention against Transnational Organized Crime (2000) and the UN Convention against Corruption (2003) in 2011. The 2018 amendment to the Prevention of Corruption Act, which criminalised bribe-giving, was partly aimed at UNCAC compliance.

• India ratified both in 2011.

20 May 2025

WHO Pandemic Agreement

After COVID-19

The World Health Assembly adopted the WHO Pandemic Agreement by consensus on 20 May 2025, after three years of negotiation prompted by COVID-19. It covers pandemic prevention, research and development, technology transfer and equitable access to vaccines; an annex on pathogen access and benefit-sharing remained to be negotiated before it opens for signature.

1960

The Indus Waters Treaty

Brokered by the World Bank

Signed by Nehru and Ayub Khan in Karachi in 1960 with the World Bank as a signatory, the treaty gave India the eastern rivers (Ravi, Beas, Sutlej) and Pakistan the western rivers (Indus, Jhelum, Chenab), with limited Indian use of the latter. It survived three wars. On 23 April 2025, after the Pahalgam terror attack, India declared the treaty "in abeyance" until Pakistan credibly ends support for cross-border terrorism.

• India: Ravi, Beas, Sutlej. Pakistan: Indus, Jhelum, Chenab.
• Held in abeyance by India from 23 April 2025.

1972

The Simla Agreement

After the 1971 war

Signed by Indira Gandhi and Zulfikar Ali Bhutto on 2 July 1972 after the 1971 war, the Simla Agreement committed India and Pakistan to settle their differences bilaterally and converted the ceasefire line in Jammu and Kashmir into the Line of Control.

• Created the Line of Control.

1966

The Tashkent Declaration

After the 1965 war

Signed by Lal Bahadur Shastri and Ayub Khan in Tashkent on 10 January 1966, with Soviet mediation, after the 1965 war. Shastri died in Tashkent the next day.

• Shastri died in Tashkent the next day.

1954

Panchsheel

Five principles of peaceful coexistence

Set out in the 1954 agreement between India and China on trade with Tibet, the Panchsheel principles are mutual respect for territorial integrity and sovereignty, non-aggression, non-interference in internal affairs, equality and mutual benefit, and peaceful coexistence.

1996

The Ganga Water Treaty

Sharing the Farakka waters

Signed by India and Bangladesh in December 1996, the treaty shares the waters of the Ganga at Farakka during the lean season. It was concluded for thirty years, making its renewal due in 2026.

• Valid for 30 years from 1996.

1648

Peace of Westphalia

Often called the birth of the modern state system

The treaties ending the Thirty Years' War are traditionally credited with establishing the sovereign equality of states, though historians debate how far they did so.

1494

Treaty of Tordesillas

Spain and Portugal divided the newly discovered world

The treaty drew a line west of the Cape Verde islands, giving lands to the west to Spain and to the east to Portugal — the reason Brazil speaks Portuguese.

1815

Final Act of the Congress of Vienna

Redrew Europe after Napoleon and codified diplomatic ranks

Besides reorganising Europe, the Congress condemned the slave trade and set rules on the precedence of diplomats.

1899

The Hague Peace Conventions

The first multilateral treaties on the laws of war and peaceful settlement

The 1899 and 1907 Hague Conferences produced conventions on land warfare and created the Permanent Court of Arbitration.

1919

Treaty of Versailles

Ended the First World War and created the League of Nations

India signed the treaty separately and so became an original member of the League of Nations, though it was not yet independent.

1928

Kellogg–Briand Pact

Renounced war as an instrument of national policy

Though it failed to prevent the Second World War, the pact was relied on at Nuremberg to establish crimes against peace.

1933

Montevideo Convention on the Rights and Duties of States

The classic definition of statehood

Article 1 lists the criteria of a state: a permanent population, a defined territory, a government, and the capacity to enter into relations with other states.

1945

Charter of the United Nations

Signed on 26 June 1945 at San Francisco

The Charter came into force on 24 October 1945 (UN Day); India was one of the 51 original members, having signed before independence.

1944

Chicago Convention on International Civil Aviation

Created ICAO and the framework for air law

Recognises every state's complete and exclusive sovereignty over its airspace; India is a founding party.

1944

Bretton Woods Agreements

Created the IMF and the World Bank

India was among the 44 countries at the Bretton Woods conference in New Hampshire and a founding member of both institutions.

1947

General Agreement on Tariffs and Trade (GATT)

The first global trade agreement

India was one of the 23 original contracting parties; GATT was absorbed into the WTO framework in 1995.

1994

Marrakesh Agreement Establishing the WTO

Created the World Trade Organization

Signed in Marrakesh, it came into force on 1 January 1995; India is a founding member of the WTO.

1926

Slavery Convention

The first treaty to define slavery

Adopted under the League of Nations, it defined slavery as the exercise of powers of ownership over a person.

1930

ILO Forced Labour Convention (No. 29)

Prohibits forced or compulsory labour

One of the ILO's fundamental conventions; India ratified it in 1954.

1950

European Convention on Human Rights

Enforced by the European Court of Human Rights in Strasbourg

Drafted under the Council of Europe, it was the first treaty to give individuals a right to petition an international court.

1954

Hague Convention for the Protection of Cultural Property

Protects monuments and art during armed conflict

Adopted after the destruction of the Second World War, it introduced the blue-and-white shield emblem; India is a party.

1973

ILO Minimum Age Convention (No. 138)

Sets a minimum age for employment

India ratified it in 2017, together with the Worst Forms of Child Labour Convention, after amending its child labour law in 2016.

1999

ILO Worst Forms of Child Labour Convention (No. 182)

Targets slavery, trafficking and hazardous work by children

It became the first ILO convention ratified by every member state, in 2020.

2013

Arms Trade Treaty

Regulates the international trade in conventional arms

India has not joined, arguing that the treaty favours exporting states.

2008

Convention on Cluster Munitions

Bans cluster bombs

India is not a party, like several major military powers.

2017

Treaty on the Prohibition of Nuclear Weapons

The first treaty to ban nuclear weapons outright

In force since 2021; no nuclear-armed state, including India, has joined.

1929

Warsaw Convention

Uniform rules on liability of airlines

Largely replaced by the Montreal Convention of 1999, which India joined in 2009 and which is implemented by the Carriage by Air Act.

1961

Apostille Convention

Simplifies authentication of public documents between countries

India joined in 2005; the Ministry of External Affairs issues apostilles on Indian documents.

1965

Hague Service Convention

Governs service of judicial documents abroad

India acceded in 2006 and designated the Ministry of Law and Justice as its Central Authority.

1980

Hague Child Abduction Convention

Requires prompt return of children wrongfully taken across borders

India has not signed it; Indian courts decide such cases on the child's welfare, which has been debated in many judgments.

1993

Hague Adoption Convention

Safeguards for inter-country adoption

India ratified it in 2003; CARA is the Central Authority.

2018

Singapore Convention on Mediation

Enforcement of international mediated settlements

India signed it on the opening day in August 2019 but has not ratified it; the Mediation Act 2023 was enacted separately.

2001

Budapest Convention on Cybercrime

The first international treaty on cybercrime

Drafted by the Council of Europe; India has not joined, citing its lack of participation in drafting.

2024

UN Convention against Cybercrime

The first UN treaty on cybercrime

Adopted by the UN General Assembly in December 2024 after years of negotiation.

1970

Patent Cooperation Treaty

One international application for patents in many countries

India joined in 1998; Indian applicants can file PCT applications through the Indian Patent Office.

1989

Madrid Protocol

An international trademark registration system

India joined in 2013, allowing Indian businesses to seek protection in many countries through one application.

1994

UN Convention to Combat Desertification

The only binding treaty on land degradation

India hosted the 14th Conference of the Parties in Greater Noida in 2019.

1998

Rotterdam Convention

Prior informed consent for trade in hazardous chemicals

India is a party; together with the Basel and Stockholm conventions it forms the chemicals and waste regime.

2000

Cartagena Protocol on Biosafety

Regulates movement of living modified organisms

A protocol to the Convention on Biological Diversity; India is a party.

2010

Nagoya Protocol

Access to genetic resources and benefit-sharing

India is a party; the Biological Diversity Act 2002 implements access and benefit-sharing.

2013

Minamata Convention on Mercury

Named after the Japanese mercury poisoning disaster

Aims to reduce mercury emissions and products; India ratified it in 2018.

2016

Kigali Amendment to the Montreal Protocol

Phases down hydrofluorocarbons

India ratified it in 2021 and must begin reducing HFCs from 2032.

1979

The Moon Agreement

Declares the Moon the common heritage of mankind

India signed it in 1982 but has not ratified it; very few states are parties.

1972

Space Liability Convention

Launching states are liable for damage caused by space objects

The only claim under it was Canada's against the USSR for the Cosmos 954 satellite crash in 1978.

1816

Treaty of Sugauli

Ended the Anglo-Nepalese War

Nepal ceded Kumaon, Garhwal and much of the Terai to the East India Company and accepted a British Resident in Kathmandu.

1914

The Simla Convention and the McMahon Line

The disputed India–Tibet boundary

The line agreed between British India and Tibet was never accepted by China, which initialled but did not sign the convention.

1949

Karachi Agreement

Established the ceasefire line in Jammu and Kashmir

Signed under UN supervision after the first India–Pakistan war; the line was redrawn as the Line of Control in the 1972 Simla Agreement.

1949

India–Bhutan Treaty of Friendship

Revised in 2007

The 2007 revision removed the clause under which Bhutan was to be "guided by" India in external relations.

1950

India–Nepal Treaty of Peace and Friendship

The basis of the open border between India and Nepal

Gives citizens of each country national treatment in the other in matters such as residence and employment.

1950

Nehru–Liaquat Pact

Protection of minorities in India and Pakistan

Signed in Delhi in April 1950 to protect minorities after large-scale migration and violence; Syama Prasad Mookerjee resigned from the Cabinet in protest.

1971

Indo-Soviet Treaty of Peace, Friendship and Cooperation

Signed months before the Bangladesh war

The 20-year treaty signed in August 1971 committed both countries to consult in the event of a threat to either.

1974

India–Bangladesh Land Boundary Agreement

Implemented by the 100th Amendment in 2015

The 1974 agreement and its 2011 protocol were given effect in 2015, exchanging 162 enclaves between the two countries.

1985

SAARC Charter

Created the South Asian Association for Regional Cooperation

Signed in Dhaka by seven countries; Afghanistan joined in 2007.

1996

Mahakali Treaty

India–Nepal agreement on the Mahakali river

Provides for integrated development of the river, including the Pancheshwar project.

1999

Lahore Declaration

Signed after Vajpayee's bus journey to Lahore

India and Pakistan agreed to avoid conflict and build confidence; the Kargil war followed within months.

2008

India–US Civil Nuclear Agreement (123 Agreement)

Ended India's nuclear isolation

Followed an India-specific waiver from the Nuclear Suppliers Group; the Left parties withdrew support from the UPA government over it.

1840

Treaty of Waitangi

New Zealand's founding document

Signed by the British Crown and Māori chiefs, its English and Māori texts differ, and it remains central to New Zealand law today.

1846

Treaty of Amritsar

The British sold Kashmir to Gulab Singh

After the First Anglo-Sikh War, the East India Company transferred Kashmir to Gulab Singh of Jammu for ₹75 lakh, founding the princely state of Jammu and Kashmir.

1974

SOLAS Convention

Safety of Life at Sea

The first version was adopted in 1914 after the sinking of the Titanic; the current convention dates from 1974.

1973

MARPOL Convention

Prevents pollution from ships

Adopted in 1973 and modified by the 1978 Protocol; it covers oil, sewage, garbage and air pollution from ships.

1963–1971

Tokyo, Hague and Montreal Aviation Conventions

Offences on aircraft, hijacking and sabotage

These conventions require states to prosecute or extradite offenders; India implements them through its anti-hijacking and aviation security laws.

1965

ICSID Convention

Created the International Centre for Settlement of Investment Disputes

India is not a party, so investor–state cases against India proceed under other rules such as UNCITRAL.

1980

UN Convention on Contracts for the International Sale of Goods (CISG)

A uniform law for international sales of goods

Widely ratified, including by China and the United States, but India is not a party.

1996

Comprehensive Convention on International Terrorism

A treaty India proposed that remains unfinished

India proposed the draft in 1996, but negotiations have stalled over how to define terrorism.

1999

International Convention for the Suppression of the Financing of Terrorism

Criminalises funding terrorism

Requires states to criminalise the provision of funds for terrorist acts; India is a party.

2006

Convention for the Protection of All Persons from Enforced Disappearance

Prohibits enforced disappearances

India signed it in 2007 but has not ratified it.

2009

Hong Kong Convention on Ship Recycling

Safe and environmentally sound ship recycling

India, home to the Alang shipbreaking yard, acceded in 2019 and enacted the Recycling of Ships Act; the convention came into force in 2025.

2016

International Solar Alliance Framework Agreement

A treaty-based alliance for solar energy

Launched by India and France at the Paris climate conference; its headquarters is in Gurugram.

2016–2018

Export Control Regimes: MTCR, Wassenaar, Australia Group

India joined three of the four major regimes

India joined the Missile Technology Control Regime (2016), the Wassenaar Arrangement (2017) and the Australia Group (2018), but not the Nuclear Suppliers Group.