“RETIRAL BENEFITS AS HUMAN RIGHTS IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS”

AUTHOR – SRIRAM V M, SCHOOL OF EXCELLENCE IN LAW THE TAMILNADU DR AMBEDKAR LAW UNIVERSIY, CHENNAI

BEST CITATION – SRIRAM V M, “RETIRAL BENEFITS AS HUMAN RIGHTS IN INDIA: A CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 68-72, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Retiral benefits such as pension, gratuity, provident fund, and family pension constitute the primary source of financial security for individuals in their post-employment phase. While traditionally regarded as statutory or service-related entitlements, Indian jurisprudence has progressively evolved to recognise these benefits as integral to the protection of human dignity and constitutional rights. This paper critically examines the transformation of retiral benefits from deferred wages to enforceable human rights, situating them within the framework of Articles 21 and 300-A of the Constitution of India. It analyses key judicial pronouncements that have redefined pension as a vested right rather than a discretionary bounty, alongside the proactive role of the National Human Rights Commission in highlighting systemic failures in their disbursement. The study further engages with international human rights standards to contextualise India’s approach within a global framework of social security. By identifying persistent administrative and structural challenges, the paper argues for a comprehensive rights-based model supported by legislative reform, institutional strengthening, and technological modernization. It concludes that the true realisation of retiral benefits as human rights depends not merely on legal recognition but on effective and timely implementation, ensuring dignity, security, and social justice in the post-retirement phase.

Keywords: Retiral Benefits, Pension, Human Rights, Right to Dignity, Social Security, Deferred Wages, NHRC, Constitutional Law, Judicial Interpretation, Welfare State, Administrative Justice, Post-Retirement Security