Derogation of Human Rights under the Covenant and their Suspension during Emergency and Civil Martial Law, in India and Pakistan

Abstract

Human rights are so fundamental and inalienable that they can-not be denied to any human being on any ground. Moreover, they are always available to everyone at all times. Few are available to citizens only, and few are subject to reasonable restrictions imposed by law. In addition, they are not available when life of a nation is jeopardized, particularly, in exceptional circumstances of an emergency or Civil Martial Law. The International Covenant on Civil and Political Rights 1966 as well provides human rights both in normal and abnormal situations of a State. It permits to derogate their availability. Not only the Covenant permitted derogation of human rights, in exceptional cases but the Constitutions of India and Pakistan also authorized the governments to suspend them, during the promulgation of emergencies. However, right to life was saved from the clutches of a Government, during a constitutional emergency, after 44th Amendment in the Indian Constitution. Similarly, its protection, under Article 4 of the Constitution of Pakistan 1973, compelled the Government to keep its hands off to suspend it during the promulgation of an emergency. Now, both in the Constitutions of India and Pakistan, it is immunized from suspension, during an emergency or Civil Martial Law, nevertheless, the protection is by two different legal schemes.&nbsp