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Non-Retrogression of Rights

Constitutional & Public Law Doctrines

Definition

A doctrine of constitutional interpretation holding that the State cannot retreat from or dilute human rights, civil liberties, and fundamental protections that have already been recognized and recognized by constitutional courts over time.

Example

In the Puttaswamy and Navtej Johar rulings, the Supreme Court affirmed that once a group's right to dignity, autonomy, and non-discrimination is recognized under Article 21, the State cannot pass a subsequent enactment repealing those protections to push society backward.