Non-derogable rights are fundamental human rights that cannot be suspended or limited, even during emergencies. These rights are essential to human dignity and are protected universally. In India, the Constitution and international treaties uphold these rights, ensuring their inviolability under all circumstances.

MEANING AND DEFINITION

Non-derogable rights are those rights that cannot be suspended or restricted, even in times of public emergency. They are considered essential to the protection of human dignity and are recognized in various international human rights instruments.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)

The ICCPR, to which India is a signatory, outlines specific non-derogable rights in Article 4(2):

• Right to Life (Article 6): Every human being has the inherent right to life, protected by law. No one shall be arbitrarily deprived of life.

• Freedom from Torture (Article 7): No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

• Freedom from Slavery (Article 8): Prohibition of slavery, slave trade, and servitude in all forms.

• Right to Recognition before the Law (Article 16): Everyone has the right to be recognized as a person before the law.

• Freedom of Thought, Conscience, and Religion (Article 18): Everyone has the right to freedom of thought, conscience, and religion.

NON-DEROGABLE RIGHTS IN THE INDIAN CONSTITUTION

The Constitution of India embodies principles akin to non-derogable rights:

• Right to Life and Personal Liberty (Article 21): No person shall be deprived of life or personal liberty except according to the procedure established by law.

• Prohibition of Traffic in Human Beings and Forced Labour (Article 23): Trafficking in human beings, begar, and other similar forms of forced labor are prohibited.

• Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25): All persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion.

JUDICIAL INTERPRETATION IN INDIA

The Indian judiciary has reinforced the sanctity of these rights through various judgments:

• Maneka Gandhi v. Union of India, AIR 1978 SC 597: The Supreme Court expanded the interpretation of Article 21, emphasizing that the procedure established by law must be just, fair, and reasonable, thereby strengthening the protection of life and personal liberty.

• Sunil Batra v. Delhi Administration, AIR 1978 SC 1675: The Court held that prisoners retain their fundamental rights, including the right to life and dignity, and that any form of torture or inhuman treatment is unconstitutional.

INTERNATIONAL PERSPECTIVES

Globally, non-derogable rights are upheld to maintain human dignity:

• Universal Declaration of Human Rights (UDHR): Articles 3, 4, and 5 correspond to the rights to life, freedom from slavery, and freedom from torture, respectively.

• European Convention on Human Rights (ECHR): Article 15(2) specifies rights that cannot be derogated from, even in times of emergency.

CONCLUSION

Non-derogable rights form the bedrock of human rights jurisprudence, ensuring that certain fundamental freedoms remain protected under all circumstances. In India, both constitutional provisions and judicial interpretations have reinforced the inviolability of these rights, aligning with international human rights standards.