UPSC Prelims 2026 Q64: Conventions India Has Not Ratified — Explained
Which of the following international conventions have not been ratified by India?
1. Employment Policy Convention
2. Abolition of Forced Labour Convention
3. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
4. Geneva Convention Relative to the Protection of Civilian Persons in Time of War
5. Convention on Reduction of Statelessness
- 2 and 4
- 1 and 2
- 3 and 4 only
- 3, 4 and 5
UPSC dropped this question from evaluation.
Statement-wise explanation
- 1: incorrect — India has ratified the ILO Employment Policy Convention, 1964 (No. 122). It did so on 17 November 1998, and the convention is in force for India. No. 122 is one of the ILO's four 'governance' (priority) conventions. It requires states to pursue an active policy for full, productive and freely chosen employment. So it does not belong in a list of conventions India has not ratified.
- 2: incorrect — India ratified the Abolition of Forced Labour Convention, 1957 (No. 105) on 18 May 2000, and it is in force. It is one of the six ILO fundamental conventions India has ratified. The others are Nos. 29, 100, 111, 138 and 182. The two fundamental conventions India has not ratified are No. 87 (freedom of association) and No. 98 (right to organise and collective bargaining).
- 3: correct — India has neither signed nor ratified the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The UN General Assembly adopted it in 1990, and it came into force in 2003. Most of its parties are countries that send migrants. The big destination countries, and India too, have stayed out.
- 4: incorrect — India is a party to all four Geneva Conventions of 12 August 1949. This includes the Fourth Convention, which protects civilians in time of war. India ratified them in 1950. Parliament then passed the Geneva Conventions Act, 1960 to give them effect in Indian law. India has not ratified the 1977 Additional Protocols I and II. That gap is a common source of confusion.
- 5: correct — India is not a party to the 1961 Convention on the Reduction of Statelessness. It has also not joined the 1954 Convention relating to the Status of Stateless Persons, the 1951 Refugee Convention or the 1967 Refugee Protocol. In India, nationality is governed only by Part II of the Constitution and the Citizenship Act, 1955.
How to eliminate
UPSC dropped this question because none of the four options is correct. On current facts, India has not ratified statements 3 and 5 only. Every option either leaves out statement 5 or adds a convention India has ratified. (a) has 2 and 4, both ratified. (b) has 1 and 2, both ILO conventions India ratified, in 1998 and 2000. (c) adds 4, the Fourth Geneva Convention, which India ratified in 1950. (d) is the closest, but it also includes 4. Option (d) could only have been the answer if the setter mixed up the Fourth Geneva Convention with the 1977 Additional Protocols, which India has not ratified. Elimination still works for the parts of this question that are fair. Statement 2 is easy to settle: the forced-labour conventions are ILO fundamental conventions, and India is known to lack only Nos. 87 and 98. Statement 4 is also easy: India's Geneva Conventions Act, 1960 is a standard fact. Once 2 and 4 are ruled out, options (a), (b), (c) and (d) all fail. When every option fails your elimination, do not force a guess. It is a sign the question may be flawed. Facts to remember: India stays out of the refugee and statelessness conventions and the UN Migrant Workers Convention. It is a party to the 1949 Geneva Conventions, but not to the 1977 Additional Protocols.
Know more
India and the conventions it has (and has not) signed up to
India's treaty choices follow a clear pattern. It accepts labour and humanitarian-law standards that fit its own Constitution and laws. It avoids treaties that would limit its control over who enters, stays or becomes a citizen.
| Convention | Year | India's status |
|---|---|---|
| ILO Forced Labour (No. 29) | 1930 | Ratified 1954 |
| ILO Abolition of Forced Labour (No. 105) | 1957 | Ratified 2000 |
| ILO Employment Policy (No. 122) | 1964 | Ratified 1998 |
| ILO Minimum Age (No. 138) & Worst Forms of Child Labour (No. 182) | 1973 / 1999 | Ratified 2017 |
| ILO Freedom of Association (No. 87) & Collective Bargaining (No. 98) | 1948 / 1949 | Not ratified |
| Geneva Conventions I–IV | 1949 | Ratified 1950; Geneva Conventions Act, 1960 |
| Additional Protocols I & II | 1977 | Not ratified |
| Refugee Convention & Protocol | 1951 / 1967 | Not ratified |
| Statelessness Conventions | 1954 / 1961 | Not ratified |
| UN Migrant Workers Convention | 1990 | Not signed |
Key points
- India has ratified 47 ILO conventions. These include 6 of the 8 fundamental conventions. It says Nos. 87 and 98 would clash with service rules that limit government employees' right to strike and to organise.
- India has no national refugee law. It deals with refugees under the Foreigners Act and through ad hoc policies, and UNHCR works in India with limited access. Staying out of the refugee and statelessness conventions keeps citizenship decisions under Indian law alone.
- About 60 countries are parties to the Migrant Workers Convention. Almost all are countries that send migrants. India sends a large number of workers abroad, but it protects them mainly through the Emigration Act, 1983 and bilateral labour agreements, especially with Gulf states.
- Ratify vs sign: signing only shows intent. Ratifying makes the treaty legally binding on the state.
NCERT Concepts to Revise
- Migration: Statement 3 is about a UN convention protecting people who migrate across borders for work, and their families.