Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
exist. According to him, in order to give such an answer one must accept, as a minimum, the idea of
human dignity. As he writes:
Human dignity associated with Kant, but defended by philosophers of different schools, supposes
that there are ways of treating a man that are inconsistent with recognising him as a full member of
the human community, and holds that such treatment is profoundly unjust.41
296. In his Book, Is Democracy Possible Here?42 Dworkin develops two principles about the
concept of human dignity. First principle regards the intrinsic value of every person viz. every
person has a special objective value which value is not only important to that person alone but
success or failure of the lives of every person is important to all of us. The second principle,
according to Dworkin, is that of personal responsibility. According to this principle, every person
has the responsibility for success in his own life and, therefore, he must use his discretion regarding
the way of life that will be successful from his point of view. Thus, Dworkin's jurisprudence of
human dignity is founded on the aforesaid two principles which, together, not only define the basis
but the conditions for human dignity. Dworkin went on to develop and expand these principles in
his book, Justice for Hedgehogs (2011)43.
297. When speaking of rights, it is impossible to envisage it without dignity. In his pioneering and
all-inclusive Justice for Hedgehogs, he proffered an approach where respect for human dignity,
entails two requirements; first, self- respect i.e. taking the objective importance of one's own 41
Ronald Dworkin, Taking Rights Seriously (A&C Black, 2013) 239. 42 Ronald Dworkin, Is Democracy
Possible Here? Principles for a New Political Debate (Princeton University Press, 2006) 43 Harvard
University Press, 2011.
life seriously; this represents the free will of the person, his capacity to think for himself and to
control his own life and second, authenticity i.e. accepting a special, personal responsibility for
identifying what counts as success in one's own life and for creating that life through a coherent
narrative that one has chosen44. According to Dworkin, these principles form the fundamental
criteria supervising what we should do in order to live well.45 They further explicate the rights that
individuals have against their political community,46 and they provide a rationale for the moral
duties we owe to others. This notion of dignity, which Dworkin gives utmost importance to, is
indispensable to any civilised society. It is what is constitutionally recognised in our country and for
good reason. Living well is a moral responsibility of individuals; it is a continuing process that is not
a static condition of character but a mode that an individual constantly endeavours to imbibe. A life
lived without dignity, is not a life lived at all for living well implies a conception of human dignity
which Dworkin interprets includes ideals of self-respect and authenticity.
103) In summation, it can be said that the concept of human dignity dates back to thousands of
years. Historically, human dignity, as a concept, found its origin in different religions which is held
to be an important component of their theological approach. Jurists have given this approach as
theological model of dignity. It is primarily based on the premise that human beings are the creation
of God and cannot be treated as mere material beings. Human identity is more ethical than spiritual
because man is creation of God; harm to a human being is harm to God. God, thus, wishes to grant
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