Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
116) When we read socio-economic rights into human dignity, the community approach also
assumes importance along with individualistic approach to human dignity. It has now been well
recognised that at its core, human dignity contains three elements, namely, intrinsic value,
autonomy and community value. These are known as core values of human dignity. These three
elements can assist in structuring legal reasoning and justifying judicial choices in hard cases. It has
to be borne in mind that human dignity is a constitutional principle, rather than free standing
fundamental rights. Insofar as intrinsic value is concerned, here human dignity is linked to the
nature of being. We may give brief description of these three contents of the idea of human dignity
as below:
(I) Intrinsic Value:
The uniqueness of human kind is the product of a combination of inherent traits and features
including intelligence, sensibility, and the ability to communicate that give humans a special status
in the world, distinct from other species.48 The intrinsic value of all individuals results in two 48
See George Kateb, Human Dignity 5 (2011) ([W]e can distinguish between the dignity of every basic
postulates: anti-utilitarian and anti-authoritarian. The former consists of the formulation of Kants
categorical imperative that every individual is an end in him or herself, not a means for collective
goals or the purposes of others. The latter is synthesized in the idea that the State exists for the
individual, not the other way around. As for its legal implications, intrinsic value is the origin of a set
of fundamental rights. The first of these rights is the right to life, a basic precondition for the
enjoyment of any other right. A second right directly related to the intrinsic value of each and every
individual is equality before and under the law. All individuals are of equal value and, therefore,
deserve equal respect and concern. This means not being discriminated against due to race, colour,
ethnic or national origin, sex, age or mental capacity (the right to non-discrimination), as well as
respect for cultural, religious, or linguistic diversity (the right to recognition). Human dignity fulfills
only part of the content of the idea of equality, and in many situations it may be acceptable to
differentiate among people. In the contemporary world, this is particularly at issue in cases
involving affirmative action and the rights of religious minorities. Intrinsic value also leads to the
right to integrity, both physical and mental. The right to physical human individual and the dignity
of the human species as a whole.). integrity includes the prohibition of torture, slave labour, and
degrading treatment or punishment. Discussions on life imprisonment, interrogation techniques,
and prison conditions take place within the scope of this right. The right to mental integrity
comprises the right to personal honour and image and includes the right to privacy.
(II) Autonomy:
Autonomy is the ethical element of human dignity. It is the foundation of the free will of individuals,
which entitles them to pursue the ideals of living well and having a good life in their own ways. The
central notion is that of self-determination: An autonomous person establishes the rules that will
govern his or her life. Kantian conception of autonomy is the will governed by the moral law (moral
autonomy). Here, we are concerned with personal autonomy, which is value neutral and means the
free exercise of the will according to ones own values, interests, and desires. Autonomy requires the
fulfillment of certain conditions, such as reason (the mental capacity to make informed decisions),
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