scholarly journals Concept of right to life and its protection under the Constitution of India

2019 ◽  
pp. 55-68
Author(s):  
HARSH PATHAK
Keyword(s):  
Supreme Court ◽  
Fundamental Rights ◽  
Right To Life ◽  
Indian Constitution ◽  
Personal Liberty ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Original Sense ◽  
Life Itself ◽  
The Right

The constitution and jurist characterized Article 21 as, “the procedural magna carta, protective of life and liberty”. This right has been held to be the heart of the constitution, the most organic and progressive provision in Indian constitution, the foundation of our laws. Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by private individuals is not within the preview of it. Article 21 applies to natural persons. The right is available to every person, citizen or alien. It, however, does not entitle a foreigner the right to reside and settle in India, as mentioned in Article 19 (1) (e). Everyone has the right to life, liberty and the security of person. The right to life 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. There would have been no fundamental rights worth mentioning if Article 21 had been interpreted in its original sense. This Article will examine the right to life as interpreted and applied by the Supreme Court of India.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

Shielding the Confidentiality, Privacy, and Data Security of Bio-Medical Information in India

2019 ◽  
pp. 81-99
Author(s):  
Varinder Singh ◽  
Shikha Dhiman
Keyword(s):  
Data Security ◽  
Medical Information ◽  
Fundamental Rights ◽  
Right To Life ◽  
Indian Constitution ◽  
Modern Times ◽  
Personal Liberty ◽  
The Right

The framers of Indian Constitution were very much cognizant about the significance of human nobility and worthiness and hence they incorporated the “right to life and personal liberty” in the Constitution of India. Right to life is considered as one of the primordial fundamental rights. There is no doubt that Indian Judiciary has lived up to the expectations of the Constitution framers, both in interpreting and implementing Article 21 initially, but there are still a few complications left as to the viability of Article 21 in modern times. Looking at the wider arena of right to life, it can be articulated that broader connotation of “right to life” aims at achieving the norms of “privacy” as well.

Shielding the Confidentiality, Privacy, and Data Security of Bio-Medical Information in India

2021 ◽  
pp. 1954-1972
Author(s):  
Varinder Singh ◽  
Shikha Dhiman
Keyword(s):  
Data Security ◽  
Medical Information ◽  
Fundamental Rights ◽  
Right To Life ◽  
Indian Constitution ◽  
Modern Times ◽  
Personal Liberty ◽  
The Right

The framers of Indian Constitution were very much cognizant about the significance of human nobility and worthiness and hence they incorporated the “right to life and personal liberty” in the Constitution of India. Right to life is considered as one of the primordial fundamental rights. There is no doubt that Indian Judiciary has lived up to the expectations of the Constitution framers, both in interpreting and implementing Article 21 initially, but there are still a few complications left as to the viability of Article 21 in modern times. Looking at the wider arena of right to life, it can be articulated that broader connotation of “right to life” aims at achieving the norms of “privacy” as well.

Galvanisation of the Right to Development within the Shared Constitutional Space in India

2018 ◽  
Vol 19 (2) ◽  
pp. 268-299
Author(s):  
Dharmendra Kumar Singh
Keyword(s):  
Supreme Court ◽  
Fundamental Rights ◽  
Social Scientists ◽  
Holistic View ◽  
New Horizons ◽  
Supreme Court Of India ◽  
Right To Development ◽  
The Supreme Court ◽  
The Right ◽  
The Impact

This article accentuates the concept of the right to development (rtd) and focuses on the various facets of rtd as developed by the Supreme Court of India in its multiple pronouncements since the advent of the last decade of the 20th century. The apex court, through a conjoint reading of various aspects provided in the Constitution’s Preamble, Fundamental Rights, Directive Principles and Fundamental Duties with the Declaration on rtd has interpreted various cases that have opened new horizons of curative developmental jurisprudence in India. The main aim of this study is to capture the various trends and directions of discourse on rtd and explore the constitutional space for rtd in India. This article also evaluates the impact that Declaration of rtd has had on the Supreme Court of India and to what extent has the Supreme Court of India galvanised rtd to provide remedies to millions of Indians. The article emphasises the holistic view taken by the Supreme Court in matters of private rights versus the developmental rights of millions. Another significant aspect of rtd that has been emphasised in this article is the conflict between human rights of the marginalised group with the burgeoning rtd. The discourse on economic growth and rtd within the constitutional space will remain in the heart of politicians, social scientists and the populace in the coming years.

Roe v. Wade and the History of Abortion Regulation

1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton
Keyword(s):  
Supreme Court ◽  
Personal Privacy ◽  
Personal Liberty ◽  
Personal Rights ◽  
The Supreme Court ◽  
Right Of Privacy ◽  
History Of ◽  
The Right Of Privacy ◽  
The Right ◽  
Roe V Wade

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”

BECOMING HUMAN

PEDIATRICS ◽  
1978 ◽  
Vol 62 (1) ◽  
pp. 7-7
Author(s):  
Christopher Jenks
Keyword(s):  
Supreme Court ◽  
The Body ◽  
Human Suffering ◽  
Right To Life ◽  
The Supreme Court ◽  
Arbitrary Decision ◽  
Real Person ◽  
The Right ◽  
Roe V Wade

Opponents of abortion sometimes argue that a fetus "wants" to grow up into a real person. But every egg and sperm also "want" to become a person in this sense. And if that is the case, how can one defend either contraception or celibacy, both of which deny life to millions of eggs and sperms that "want" to become people, and both of which also involve repression of "natural" impulses? The question of whether abortion is morally wrong depends on when we become "human." Unfortunately, this does not happen all at once, as in medieval fantasies of the soul's entering the body. It happens bit by bit. We must therefore make some arbitrary decision about when to confer the "right to life." Because nature offers no clear guidance about where this line should be drawn, the most humane solution is to draw it so as to minimize human suffering. I doubt, however, that opponents of abortion will accept this approach, for once you accept it, you will almost inevitably be led to precisely the same "liberal" conclusion the Supreme Court reached five years ago in Roe v. Wade.

Scandalizing the judiciary: An analysis of the uneven response of the Supreme Court of India to sexual harassment allegations against judges

2020 ◽  
Vol 18 (2) ◽  
pp. 563-590
Author(s):  
Sanjay Jain ◽  
Saranya Mishra
Keyword(s):  
Sexual Harassment ◽  
Supreme Court ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Lower Court ◽  
High Courts ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Systematic Pattern

Abstract The Supreme Court of India (SC) pronounced a momentous judgment in Vishaka v. State of Rajasthan in 1997, categorically recognizing the menace of sexual harassment (SH) at workplace and constitutionally rendering it as being in violation of fundamental rights guaranteed by Articles 15, 19, and 21 of the Constitution of India 1950. The Court also provided a mechanism for redressal against SH, which was ultimately reinforced by Parliament with the enactment of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013 (POSH Act). However, when it comes to allegations of SH against judges in the SC and High Courts by its employees, interns, or lower court judges, the response of the SC has been abysmal to say the least. There is a systematic pattern to suggest foul play and conspiracy in each such allegation, and judges, including even the Chief Justice of India (CJI), have not hesitated to openly indulge in victim-shaming and-blaming. In other words, the court has not been able to uphold its own jurisprudence on sexual harassment, which it expects to be scrupulously adhered to by other organs of the state. It is submitted that in not supporting the cause of victims alleging SH against judges, the other organs of the state are also party to this constitutional decay and serious infraction of fundamental rights. It leads us to ask the question, how can we guard against the guardians?

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

The Need for ‘Nudges’ by the Supreme Court of India: The Case of the Appointment and Removal of the Governors in India

2019 ◽  
Vol 65 (2) ◽  
pp. 390-408
Author(s):  
Siddharth Peter de Souza ◽  
Aayush Agarwala
Keyword(s):  
Supreme Court ◽  
Critical Appraisal ◽  
Indian States ◽  
Indian Constitution ◽  
Constituent Assembly ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Intractable Problem ◽  
Exercise Of Discretion

Recent instances of improper exercise of discretion by governors of Indian states have once again underscored the need for a critical appraisal of the manner in which such governors are appointed and removed under the Indian Constitution. The gulf between what the role of a governor was envisaged to be by the Constituent Assembly and what has actually played out in reality is a matter of grave concern. It would not be wise for us to expect the legislature to provide any solution to this problem, since the prevailing scenario plays to the advantage of whichever party holds the reins at the Centre. The judgement of the Supreme Court of India in the B. P. Singhal case made some important interventions as far as this vexed issue is concerned. However, the much-needed panacea to the ills of the process of appointment and removal of governors is still eagerly awaited. In this article, we recommend that the Supreme Court of India adopts a more contextualised approach to solving this intractable problem and considers adopting the ‘nudge theory’ to provide a framework to encourage important actors in this context to take more responsible and fair decisions in order to protect and preserve the democratic structures.

Part II Negotiating Constitutionalism, Ch.6 Law, Politics, and Constitutional Hegemony: the Supreme Court, jurisprudence, and demosprudence

2016 ◽  
Author(s):  
Baxi Upendra
Keyword(s):  
Supreme Court ◽  
Social Action ◽  
Socially Responsible ◽  
Indian Constitution ◽  
Constitutional Amendments ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Indian Supreme Court ◽  
Politics And Law ◽  
Constitutional Pluralism

This chapter examines constitutional hegemony in relation to three forms of prudence: legisprudence, jurisprudence, and demosprudence. It considers how constitutional pluralism has influenced the making and working of the Indian Constitution, especially through the dynamics of the Supreme Court of India. In particular, it explores the notion of adjudicatory leadership and the concept of demosprudence in the context of the Indian Supreme Court, along with the changing relation between demosprudence and jurisprudence. The article first looks at the demosprudence of the Supreme Court of India, before discussing the concepts of organisational adjudicatory leadership, hermeneutic adjudicatory leadership, Social Action Litigation, and socially responsible criticism. It also analyses the politics and law of constitutional amendments.

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