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CONSTITUTIONAL LAW PROJECT

ON

RIGHT TO LIVE WITH HUMAN DIGNITY

SUBMITTED TO: SUBMITTED BY:


Dr. Asad Malik Sir Faiz Alam
2nd Year(4th sem)
Section- A

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ACKNOWLEDGEMENT

I, Faiz Alam, would like to express my deep sense of gratitude towards our Law

and Poverty teacher, Dr. Asad Malik Sir. It was he who gave me a project on

this topic and guided me thoroughly to make this project easily. The process of

making this project gave me information about a lot of things which I did not

know earlier and this would not have been possible without Sir's help.

I would also like to thank my friends and family members who helped me in the

making of this project.

-FAIZ ALAM

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TABLE OF CONTENTS

S. No Particulars Page
No.
1. Introduction 04-05

2. Right to human dignity 06-07

3. Article-21 And DPSPs 08-10

4. Interpretation Of Human Dignity By 11-19


The Supreme Court Of India
5. Critical Analysis 20-21

6. Bibliography 22

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INTRODUCTION

Everyone has the right to live with human dignity, liberty and the security of

person. The right to live with human dignity is undoubtedly the most

fundamental of all rights. All other rights add quality to the life in question and

depend on the pre-existence of life itself for their operation.1As human rights

can only attach to living beings, one might expect the right to life itself to be in

some sense primary, since none of the other rights would have any value or

utility without it. There would have been no Fundamental Rights worth

mentioning if Article 21 had been interpreted in its original sense. This chapter

will examine the right to live with Human Dignity.

Article 21 of the Constitution of India, 1950 provides that, No person shall be

deprived of his life or personal liberty except according to procedure established

by law. Life in Article 21 of the Constitution is not merely the physical act of

breathing. It does not connote mere animal existence or continued drudgery

through life. It has a much wider meaning which includes right to live with

human dignity, right to livelihood, right to health, right to pollution free air, etc.

Right to live with Human Dignity is fundamental to our very existence without

which we cannot live as human being and includes all those aspects of life

1
Kesavananda Bharati vs. The State of Kerala; AIR 1973 S.C. 1461, (1973) 4 SCC 225

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which go to make a man's life meaningful, complete and worth living.2It is the

only article in the Constitution which has received the widest possible

interpretation. Under the canopy of Article 21 so many rights have found

shelter, growth and nourishment.3 Thus, the bare necessities, the minimum and

basic requirements which are essential and unavoidable for a person is the core

concept of right to live with Human Dignity.

Article 21 assures the right to live with human dignity, free from exploitation.

The state is under a constitutional obligation to see that there is no violation of

the fundamental right of any person, particularly when he belongs to the weaker

section of the community and is unable to wage a legal battle against a strong

and powerful opponent who is exploiting him. Both the Central Government

and the State Government are therefore bound to ensure observance of the

various social welfare and labour laws enacted by Parliament for the purpose of

securing to the workmen a life of basic human dignity in compliance with the

DPSPs.

The meaning of the word life includes the right to live in fair and reasonable

conditions, right to rehabilitation after release, right to live hood by legal means

and decent environment.

2
Constitution of india-PART 3 Article 19 Fundamental Rights
3
Pylee, M.V. (1999). India's Constitution. New Delhi: S. Chand and Company.

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RIGHT TO HUMAN DIGNITY

"Inalienable dignity of every person, has the right and duty. Belong to one of

whatever social class, every person is created in God is a living body, but with a

cute free and immortal soul is not only endowed. Having come from God, the

Spirit of The Spirit of God is God and should be back in a dark coal mine in the

bottom of the body of a worker to live, or in the lap of luxury in a well - fed

Financier living in the body, it does not matter what you do. reality, both of

them have the same value. they are true, morality and the struggle for eternal

life, so that they are equal personal dignity, moral responsibility, the same

eternal destiny, and both of them have been given the existence of the world. "-

Father Leo John Dehon, founder of the Sacred Heart priests Human dignity is a

universal concern. Independent assessment of its moral agenda on the one hand

and the social construction of a double kind is attempted. The variety of people

all over the world to challenge the basic dignity. To a large extent, globalization

autonomy, opportunity and a sense of undermining and destroying the source

has a role to play. Status, race, class, race, religion and gender divisions with a

critical relationship. Women in a patriarchal society 'dignity' in order to

maintain, after all is objectified. In the very heart of their sense of dignity, and

they will be combined with a recovery in a truly democratic state. Employment,

education, health, freedom from hunger, the professions, social security and the

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economic and social rights of all people to a dignified existence, the most

important way to ensure that. From the point of view of a Subalterns and to

ensure that the minimum requirements are important. Dignity, peace, health and

freedom to live in that hope.

In this article the concept of the Indian judicial system and how it has been

explained by the evolution of the test are discussed. In addition, many of our

domestic law and international convention has been dealt with in detail in the

inculcation of. Finally, as can be formalized in terms of the dignity of human

beings, who can play the role of saviour of the judicial system that records only.

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ARTICLE 21 AND DIRECTIVE PRINCIPLES OF THE

STATE POLICY

The Directive Principles of the State Policy as enumerated in Chapter-IV are not

enforceable in a court of law. Nevertheless, they are fundamental in the

governance of the nation as the name itself implies Directive Principles of the

State Policy. The Constitution makers evolved what was then a novel

constitutional device which classified entitlements into fundamental rights

which were Justiciable in a court of law and directive principles of state policy

which though not judicially enforceable, were nevertheless fundamental in the

governance of the nation. In one of the historic judgment in the case of

Confederation of Ex-Servicemen Association and Others v Union of India4the

apex court observed that,

Apart from fundamental rights guaranteed by Part III of the Constitution, it is

the duty of the respondents [Government of India] to implement Directive

Principles of State Policy under Part IV of the Constitution.

Francis Coralie Mullin v Administrator, Union Territory of Delhi5

It is the fundamental right of everyone in this country, assured under the

interpretation given to Article 21 by this Court in Francis Mullen's case, to live

with human dignity, free from exploitation. This right to live with human
4
AIR 2006
5
1981 AIR 746, 1981 SCR (2) 516

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dignity enshrined in Article 21 derives its life breath from the Directive

Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and

Articles 41 and 42 and at the least, therefore, it must include protection of the

health and strength of workers men and women, and of the tender age of

children against abuse, opportunities and facilities for children to develop in a

healthy manner and in conditions of freedom and dignity, educational facilities,

just and humane conditions of work etc. These are the minimum requirements

which must exist in order to enable a person to live with human dignity and no

State neither the Central Government nor any State Government has the right to

take any action which will deprive a person of the enjoyment of these basic

essentials. Since the Directive Principles of State Policy contained in Clauses

(e) and (f) of Article 39, Articles 41 and 42 are not enforceable in a court of

law, it may not be possible to compel the State through the judicial process to

make provision by statutory enactment or executive fiat for ensuring these basic

essentials which go to make up a life of human dignity but where legislation is

already enacted by the State providing these basic requirements to the workmen

and thus investing their right to live with basic human dignity, with concrete

reality and content, the State can certainly be obligated to ensure observance of

such legislation for inaction on the part of the State in securing implementation

of such legislation would amount to denial of the right to live with human

dignity enshrined in Article 21.

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Thus the Court held that where a law has already been enacted to enforce

Article 21 with reference to the directive principles of the state policy it can

compel the state to implement the said legislation in letter and spirit.

In 1993, relying on the directive principle of the state policy, the Court ruled

that the right to education until the age of fourteen is a fundamental right and

therefore falls under the protection of Article 21 in conjunction with Article 41.

Article 41 states: The State shall, within the limits of its economic capacity and

development, make effective provision for securing the right to work, to

education... Thus, the Court has interpreted the Directive Principles of the

State Policy in conjunction with Article 21 and gave a wider meaning to Article

21 so as to give life to that article.

In the next part we will discuss in detail the relationship between Article 21 and

international human rights documents. We will elaborate and discuss the

interpretation given by the Supreme Court to Article 21 to interpret it in a

manner so as to include within its ambit basic human rights recognised by

various international human rights instruments.

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INTERPRETATION OF HUMAN DIGNITY BY THE
SUPREME COURT OF INDIA:

Indian Supreme Court implied by the right to life, human dignity, in both senses

of the concept of human rights has received a catalogue. The right people, the

food, shelter, hygiene, Clean Air, health care, education, and human dignity as a

fundamental right for them to have to live with.

In Punjab, Kartar Singh, V. Conditions6 the SC is not only freedom from

arbitrary restraint, which is an essential condition for the full development of

the personality in order to secure a proper goal that was ruled. The Supreme

Court in the case of different ways 'personal dignity' to explain, some of them

are: -

7
"Air India Statutory Corporation V. United Labour Union"

recommendations and 38 of the Constitution to be meaningful and livable life

with human dignity, social justice you imagine the arch. It provides an insight

into the evolution of jurisprudence in which the environment is in the eyes of

the law. It's the spirit of the law and makes it richer. And the time required to

meet the needs of a particular era as an important system, the ultimate goal of

every civilized society. Justice, law, social passion and commitment

comprehends. Egalitarian social, economic and political democracy to usher in

the constitution as the highest values of justice, liberty, equality and fraternity.
6
1994 SCC (3) 569, JT 1994 (2) 423
7
Air 1997 SC 645

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Of social justice, equality and social status are the pillars of democracy.

Engrafted in the orderly growth and development is essential for every citizen

of the policy, which consists of a "social justice" concept.

"Consumer Education and Research Centre V. Union of India,8" the right to

life, health and strength of workers, to enable a person to live with human

dignity, requiring a minimum of protection are included.

Human dignity, the right to rest and leisure, personality development, social

security, the right recommendations and Arts.38 and 39 of the Constitution,

Universal Declaration of Human Rights by the comfort of a temporary basic

human rights.

"Francis Coralie Mullin V. Administrator, Union Territory of Delhi" 9

Art.21 embedded in the right to life cannot be limited to mere animal existence.

It means something much more than just physical survival. The right to life with

human dignity and all that goes along with it, such as, for example, read, write

and express yourself over the head and facilities adequate nutrition, clothing and

shelter, the bare necessaries of life includes right to live with various forms,

freely moving about and mixing and collaborating with the commingling.

8
Air 1995 SC 922
9
Air 1981 SC 746

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It arises, the question of the right to life, limb or faculty are only limited

protection or whether it is more and more embracing. We have the right to life

with human dignity and the right to live there think it goes along with that,

namely, such as reading, writing and expressing one over the head and facilities

adequate nutrition, clothing and shelter, the bare necessaries of life, various

forms of self-help freely moving and mixing and collaborating with the

commingling.

Preventive detention, but not necessarily to secure the release of a writ petition

or submission of any claim or civil or criminal proceedings, prosecuting for the

defence in criminal proceedings is not limited to the choice of a legal adviser for

the purpose of consultation is to the right of a detenue, obviously, human

dignity, personal freedom and the right to live and be included with the part of

the detenue cannot be deprived of this right by the right of the detenue, should

be reasonable and cannot be interfered with except in accordance with the valid

legal process.

"WB's DK Basu V. State"10

"Custodial torture" of human dignity and a very large extent, independent

personality, destroy, which is a stark violation of degradation. Humanity Flags

fly half mast on each such occasion is - it's a calculated assault on human

dignity and human dignity is wounded, civilization takes a step backward.

10
Air 1997 SC 610

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"Guruvayur Devaswom Managing Committee V. CK Rajan11

"the poor, depraved poorest, illiterate, urban and rural unorganized labour

sector, women, children, the disabled by ignorance, we found that the power of

judicial review of their practices, indigence and illiteracy, and other have no

access to justice is trodden down or have been denied justice. 'Social action' or

'Public Interest Litigation', a new branch of proceedings known as the person

mentioned above was developed with a view to render justice to the entire class.

It's time to stretch his wings. Pro Bono Public Speedy Trial, the maintenance of

human dignity, of the Legal Aid, who provide relief and covered Inmates in

several areas. As the Pro Bono public and test litigations and peripheral

procedural shortcomings on the man suspected by the dependence of the

accuracy of the real issues - you want to pass, a necessary disincentive to those

who had the joy of justice in keeping with the current accent.

Ravinder Singh Kishore V. State of Rajasthan12

"human dignity prison officials had bartered away for mere apprehensions will

be a favourite value of our Constitution.

Bhagwati, J.: - The poverty malfunctioning of our social, economic structure by

the large masses of people, and it is a curse inflicted on the soul corroding and

robbing him by sapping the moral fiber of the catastrophic effect that one of the

11
Air 2004 SC 561

12
Air 1981 Supreme Court 625

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basic human dignity and the right of God on earth, this wonderful the creation

of high quality and that they would be destroying the finer susceptibilities.

Bonded labour system (abolition) Act, 1976 to implement the provisions of the

government's actions that any failure of bonded labour and basic human dignity,

with a view to ensure the principles of the policy guidelines have been enacted

by section 21 of this Act, apart from the clearest violation of the Constitution 23

will.

"Sunil Batra V. Delhi Administration"13

Offends human dignity, imposes avoidable torture and reduces the level of an

animal, which would be arbitrary and must be treated in the industry may be

under question.

" Unni Krishnan, AP, V. State Party"14

In Section 21 of the human dignity and all that goes along with it in order to

include the right to live with this Court has explained. "Flow directly from the

right to life, the right to education." In other words, the right to education, the

third part of the fundamental rights enshrined in the Constitution is concomitant

to. State for the benefit of all levels of educational institutions is under a

constitutional mandate. "Education cannot be limited to the profits richer

classes.

13
Air 1978 SC 1675
14
AIR1993 SC 2178

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"Gopal V. State of Karnataka15

"it is a violation of the dignity of the victims of sexual indifference attitude

towards the society on a sad reflection. We are the victims of a rapist not only

violates the privacy and personal integrity, and remember that the process

inevitably causes serious psychological as well as physical damage will be.

Rape is not merely a physical assault - it is often destructive of the whole

personality. A murderer destroys the physical body of the victim, a rapist the

very soul of the helpless female degrades. When accused of trying to rape a

court, therefore, a great responsibility to be included. They have to deal with

such cases with utmost sensitivity. "

Explained by the different international intuitions 'status': - International Human

Rights Instruments and the right to life, liberty and security of personal dignity.

Part III of the Constitution of certain rights under international human rights

instruments to comply with the rules. However, some of the guarantees

provided by this type of instrument has been left intact. We are not completely

sure of the international human rights instruments by the life, liberty and

security of the provisions relating to the right to be picked up.

1948 Human Rights (hereafter UDHR) Universal Declaration of life, liberty,

and security of human rights, including the right to provide a series.

15
AIR 2000 SC1669

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Article 3 "Everyone's life, liberty and security of person has the right to."

Article 4 stipulates a right against torture, or to cruel, inhuman or degrading

treatment or punishment has been confirmed in slavery or servitude, and Section

5 provides the right.

Article 6 of the ICCPR "inherent right to life of every human being. These

rights should be protected by law. No one shall be arbitrarily deprived of his

life. "Section 9 of the Agreement provides that the right to personal liberty and

the right to liberty and security of person he is, "said., No one shall be subjected

to arbitrary arrest or detention., No one will be deprived of his freedom except

on the basis of and in accordance with such procedures as is determined by law.

"This is the right of speedy trial and the right to compensation for unlawful

arrest or detention, the right to be produced before a judicial authority, the right

to be informed of the arrest charge and are within the scope of the right.

Essential for a fair trial with a number of rules in Section 14 of the ICCPR. The

right to justice and the principles of justice and human rights jurisprudence to

provide a modern standard stipulated in the agreement.

Life, liberty and the right to security in dealing with some of the other

international human rights instruments. Economic, Social and Cultural Rights,

1966 (hereafter ICESCR). The International Covenant also provides self-

determination and theright to social security. ICESCR rights, livelihood and

adequate living conditions, you have the right to work. In 1981 Women

(hereafter CEDAW) Convention on elimination of all forms of discrimination

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against women, the right to provide for their dignified life. Elimination of

violence against women on the importance of the right to life again reaffirmed,

freedom and security, and to fill the gap left by the provisions of the CEDAW.

In Maneka Gandhi v. Union of India 16 the Supreme Court gave a new

dimension to Art. 21 and held that the right to live the right to live is not merely

a physical right but includes within its ambit the right to live with human

dignity.

In Francis Coralie v. Union Territory of Delhi17 observed that:

The right to live includes the right to live with human dignity and all that goes

along with it, viz., the bare necessities of life such as adequate nutrition,

clothing and shelter over the head and facilities for reading writing and

expressing oneself in diverse forms, freely moving about and mixing and

mingling with fellow human beings and must include the right to basic

necessities the basic necessities of life and also the right to carry on functions

and activities as constitute the bare minimum expression of human self.

Peoples Union for Democratic Rights v. Union of India 18 , held that non-

payment of minimum wages to the workers employed in various Asiad Projects

in Delhi was a denial to them of their right to live with basic human dignity and

violative of Article 21 of the Constitution. Bhagwati J. held that, rights and

16
1978 AIR 597, 1978 SCR (2) 621
17
1981 AIR 746, 1981 SCR (2) 516
18
1981 AIR 746, 1981 SCR (2) 516

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benefits conferred on workmen employed by a contractor under various labour

laws are clearly intended to ensure basic human dignity to workmen. He held

that the non-implementation by the private contractors engaged for constructing

building for holding Asian Games in Delhi, and non-enforcement of these laws

by the State Authorities of the provisions of these laws was held to be violative

of fundamental right of workers to live with human dignity contained in Art. 21

In Chandra Raja Kumar v. Police Commissioner Hyderabad19 it has been

held that the right to life includes right to life with human dignity and decency

and, therefore, holding of beauty contest is repugnant to dignity or decency of

women and offends Article 21 of the Constitution only if the same is grossly

indecent, scurrilous, obscene or intended for blackmailing. The government is

empowered to prohibit the contest as objectionable performance under Section 3

of the Andhra Pradesh Objectionable Performances Prohibition Act, 1956.

19
AIR 1998 AP 302

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CRITICAL ANALYSIS

The fundamental rights have been revised for many reasons. Political groups

have demanded that the right to work, the right to economic assistance in case

of Unemployment, old age, and similar rights be enshrined as constitutional

guarantees to address issues of poverty and economic insecurity, though these

provisions have been enshrined in the Directive Principles of state policy. The

right to freedom and personal liberty has a number of limiting clauses, and thus

have been criticized for failing to check the sanctioning of powers often deemed

"excessive". There is also the provision of preventive detention and suspension

of fundamental rights in times of Emergency. The provisions of acts like the

Maintenance of Internal Security Act (MISA) and the National Security Act

(NSA) are a means of countering the fundamental rights, because they sanction

excessive powers with the aim of fighting internal and cross-border terrorism

and political violence, without safeguards for civil rights. The phrases "security

of State", "public order" and "morality" are of wide implication. People of

alternate sexuality is criminalized in India with prison term up to 10 years. The

meaning of phrases like "reasonable restrictions" and "the interest of public

order" have not been explicitly stated in the constitution, and this ambiguity

leads to unnecessary litigation. The freedom to assemble peaceably and without

arms is exercised, but in some cases, these meetings are broken up by the police

through the use of non-fatal methods.

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"Freedom of press" has not been included in the right to freedom, which is

necessary for formulating public opinion and to make freedom of expression

more legitimate. Employment of child labour in hazardous job environments

has been reduced, but their employment even in non-hazardous jobs, including

their prevalent employment as domestic help violates the spirit and ideals of the

constitution. More than 16.5 million children are employed and working in

India. India was ranked 88 out of 159 in 2005, according to the degree to which

corruption is perceived to exist among public officials and politicians

worldwide.

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BIBLIOGRAPHY

BOOKS:

(1.) J.N. Pandey, Constitutional Law of India, Central Law


Agency
(2.) M.P JAIN ,Constitution of India

WEB SITES:

(1.) http://www.lawctopus.com/academike/article-21

(2.) http://www.lawyersclub.com

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