Every time a court upholds the right of a marginalised person to get a fair hearing, or when a government scheme ensures that a child from a remote village gets access to schooling, the core principles of human rights are quietly at work. These principles are not abstract philosophical ideas confined to textbooks – they are the operating rules that determine who gets protection, why, and how. Understanding them is essential for any law student in India, because these principles underpin everything from the Fundamental Rights in Part III of the Constitution to international treaties India has ratified. This post breaks down the six foundational principles of human rights – inalienability, universality, indivisibility, interdependence, equality, and non-discrimination – and explains what each one demands of governments, institutions, and individuals.
Table of Contents
- What are the core principles of human rights?
- Universality: rights that belong to everyone
- Cultural relativism as a challenge
- Inalienability: rights that cannot be taken away
- Indivisibility and interdependence: all rights are equal
- Interdependence in practice
- Equality: the constitutional cornerstone
- Non-discrimination: equality’s enforcement arm
- State responsibility: the duty to respect, protect, and fulfil
- The indivisibility of these principles themselves
What are the core principles of human rights?
Human rights are not privileges granted by a state; they are entitlements that belong to every person by virtue of being human. This is the starting point. From this foundation, international human rights law has developed a set of guiding principles that define the nature, scope, and enforceability of these rights. According to the United Nations Population Fund (UNFPA), human rights are universal and inalienable; indivisible; and interdependent and interrelated. These are not separate categories but overlapping qualities of the same rights. In practice, these principles determine how rights are interpreted by courts and applied by governments – including in India.
Universality: rights that belong to everyone
The principle of universality holds that human rights apply to every person everywhere, regardless of nationality, gender, religion, caste, ethnicity, or any other status. The UNFPA describes this succinctly: everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background. This principle is directly drawn from Article 1 of the Universal Declaration of Human Rights (UDHR), 1948, which states that all human beings are born free and equal in dignity and rights.
For Indian law students, universality has a concrete constitutional expression. The Fundamental Rights under Articles 12-35 of the Constitution are available not just to citizens but, in several cases, to all persons within Indian territory – including non-citizens. Article 14, which guarantees equality before law, explicitly applies to “any person” within the territory of India, not just citizens. This is universality translated into domestic law.
Cultural relativism as a challenge
The universality principle does face a significant challenge from the doctrine of cultural relativism, which argues that human rights standards developed primarily in a Western context cannot be uniformly imposed across diverse cultures. However, as the Vienna Declaration and Programme of Action (1993) firmly established, while national and regional particularities must be kept in mind, it remains the duty of all states – regardless of their political, economic, or cultural systems – to promote and protect all human rights. India’s own constitutional framework reflects this balance: it draws on the UDHR while adapting rights to local social realities through affirmative action provisions and special protections for marginalised communities.
Inalienability: rights that cannot be taken away
Inalienability means that human rights cannot be voluntarily surrendered, bought, sold, or permanently stripped from a person. As the UDHR framework makes clear, human rights are unconditional and do not have to be bought, inherited, or earned. A person cannot waive their right to dignity or trade away their right to a fair trial.
That said, inalienability does not mean rights are unlimited in all circumstances. The OHCHR clarifies that while rights should not be taken away, some rights may be restricted in specific situations and according to due process – for example, the right to liberty can be restricted if a court convicts a person of a crime. The key distinction is between restriction and permanent removal. Restriction under law and due process is permissible; arbitrary or permanent deprivation is not.
In India, the Protection of Human Rights Act, 1993 defines human rights as rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants and enforceable by courts. This definition captures the inalienable quality of these rights – they are not discretionary benefits but legally enforceable entitlements.
Indivisibility and interdependence: all rights are equal
Human rights are often divided for analytical purposes into two broad categories: civil and political rights (such as the right to life, freedom of speech, and equality before the law) and economic, social, and cultural rights (such as the right to education, health, and work). A common misconception is that civil and political rights are more important or more “real” than socioeconomic rights. The principle of indivisibility directly rejects this hierarchy.
According to the OHCHR, all human rights are indivisible – whether they are civil and political rights, economic, social and cultural rights, or collective rights – and they are interrelated and interdependent. The improvement of one right facilitates the advancement of others; equally, the deprivation of one right adversely affects others. As the UNFPA explains, denial of one right invariably impedes the enjoyment of other rights – for instance, the right to an adequate standard of living cannot be compromised at the expense of the right to health or education.
This principle has practical significance in Indian constitutional law. The Supreme Court of India has consistently read Article 21 (right to life and personal liberty) expansively to include the right to livelihood, the right to health, the right to education, and the right to a clean environment. In doing so, it has treated civil and socioeconomic rights as inseparable – a direct judicial endorsement of the indivisibility principle.
Interdependence in practice
Interdependence goes a step further: it recognises that rights not only coexist but actively support each other. The UNFPA notes that each right contributes to the realisation of a person’s human dignity through the satisfaction of developmental, physical, psychological, and spiritual needs. Consider a straightforward example from the Indian context: a Dalit woman’s right to vote (a civil and political right) is hollow if she cannot read a ballot (right to education), faces caste-based discrimination at the polling booth (right to equality), or is too malnourished to travel (right to food). These rights depend on each other for meaningful exercise.
Equality: the constitutional cornerstone
Equality is both a standalone right and a principle that runs through all human rights. At its core, it means that every person is entitled to the same legal protections and the same dignity – without unreasonable distinctions. The UDHR and international human rights law position equality and non-discrimination as cross-cutting principles embedded in every treaty and convention.
In India, equality is protected through Articles 14 to 18 of the Constitution. Article 14 guarantees equality before law and equal protection of the laws to all persons within Indian territory. Article 15 prohibits discrimination by the state on grounds of religion, race, caste, sex, or place of birth. Article 16 ensures equality of opportunity in public employment. Articles 17 and 18 abolish untouchability and titles respectively, addressing social inequality at its root.
Importantly, equality in human rights law does not mean treating everyone identically in every situation. The Constitution explicitly permits the state to make special provisions for women, children, and socially or educationally disadvantaged groups. This is the concept of substantive equality – recognising that formal equal treatment of unequal persons does not produce equal outcomes. Reservation policies for Scheduled Castes, Scheduled Tribes, and Other Backward Classes are India’s constitutional mechanism for achieving substantive equality.
Non-discrimination: equality’s enforcement arm
If equality describes the goal, non-discrimination is the tool used to achieve it. The OHCHR describes non-discrimination as a cross-cutting principle in international human rights law – it is present in all major human rights treaties and provides the central theme of instruments like the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), both of which India has ratified.
Non-discrimination prohibits differential treatment based on characteristics such as race, sex, caste, religion, colour, language, national origin, or any other status. The list is non-exhaustive – courts and human rights bodies continue to recognise new protected grounds as societies evolve. Crucially, the principle covers not just intentional discrimination but also practices that are discriminatory in effect, regardless of intent. A policy that is neutral on its face but disproportionately disadvantages a particular community can still violate the non-discrimination principle.
In the Indian constitutional context, the framers of the Constitution were deeply aware of entrenched social discrimination. Articles 15 and 16 specifically address this by prohibiting the state from discriminating on enumerated grounds, while simultaneously allowing positive action to correct historical inequities. This dual structure – prohibiting arbitrary discrimination while permitting corrective measures – reflects the sophisticated understanding of non-discrimination embedded in the Constitution.
State responsibility: the duty to respect, protect, and fulfil
Human rights principles are not merely aspirational. They generate concrete legal obligations for states. Under international human rights law, states have three layers of obligation. The duty to respect means that states must not interfere with or restrict the exercise of human rights. The duty to protect requires states to prevent third parties – private actors, corporations, or individuals – from violating human rights. The duty to fulfil requires states to take positive action: enacting laws, allocating budgets, creating institutions, and delivering services that enable the enjoyment of rights.
The Vienna Declaration and Programme of Action, 1993, which was adopted by 171 states including India, reaffirmed that the protection and promotion of human rights is the first responsibility of governments. This document was significant in establishing that human rights obligations are not optional commitments – they are binding duties that states must fulfil regardless of their political or economic system.
In India, this three-tiered obligation plays out across institutions. The National Human Rights Commission (NHRC), State Human Rights Commissions, the National Commission for Women, and the National Commission for Scheduled Castes are all part of the state apparatus established to fulfil this responsibility. The Supreme Court, through public interest litigation, has also served as a key enforcer – directing the state to fulfil its positive obligations in areas ranging from prison conditions to the right to food.
The indivisibility of these principles themselves
One final point worth emphasising: these six principles – inalienability, universality, indivisibility, interdependence, equality, and non-discrimination – do not operate in silos. They reinforce each other. A right cannot be truly universal if it is applied in a discriminatory manner. Indivisibility is meaningless without equality between civil and socioeconomic rights. Inalienability is empty unless backed by state responsibility to protect. Together, these principles form a coherent architecture within which human rights law operates – both internationally and under India’s constitutional framework.
What do you think? India’s Constitution allows the state to restrict some Fundamental Rights in the interest of public order or national security – does this amount to a compromise of the inalienability principle, or is it a legitimate application of the principle that rights may be restricted but not removed? And given that socioeconomic rights like the right to food and health are still not explicitly justiciable Fundamental Rights in India, does the Constitution fully honour the principle of indivisibility?
References
- https://blog.ipleaders.in/human-rights-constitution-india/
- https://www.unfpa.org/resources/human-rights-principles
- https://www.un.org/en/about-us/udhr/foundation-of-international-human-rights-law
- https://en.wikipedia.org/wiki/Fundamental_rights_in_India
- https://www.ohchr.org/en/instruments-mechanisms/instruments/vienna-declaration-and-programme-action
- https://www.futurelearn.com/info/courses/the-universal-declaration-of-human-rights/0/steps/58219
- https://bangkok.ohchr.org/what-are-human-rights
- https://www.nextias.com/blog/right-to-equality/
- https://lawbhoomi.com/human-rights-in-the-indian-constitution/
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