Derogation And Rights Restrictions: Evaluating The Impact Of Emergency Measures During The Covid-19 Crisis

Mudit Singh, BBA LL.B. (Hons.) at O.P. Jindal Global University

Pooja Shree A, BBA LL.B. (Hons.) at O.P. Jindal Global University

ABSTRACT

This paper evaluates global responses to the COVID-19 pandemic, focusing on India, within the context of human rights. Governments globally implemented extreme emergency measures, prompting concerns about compliance with international treaties and the misuse of derogation. The analysis explores the intricate relationship between human rights, violations during the pandemic, and the necessity and proportionality of derogation. India's response, including improper notifications and violations of non- derogable rights, is scrutinized. The paper advocates for a rights-conscious approach, emphasizing the importance of balanced and transparent measures, like restrictions subject to judicial review, to safeguard public health while preserving fundamental rights.