Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
human being recognition, dignity and 44 Kenneth W. Simons, Dworkin's Two Principle of Dignity:
An Unsatisfactory Non- Consequentialist Account of Interpersonal Moral Duties, 90 Boston Law
Rev. 715 (2010)] 45 Footnote 33 above.
46 Footnote 32 above.
authority. It is also religious belief that God is rational and determines his goals for himself.
Likewise, human being created by God too is rational and determines his own goal. Therefore, man
has freedom of will. A couple of centuries ago, philosophical approach was given to the conception of
human dignity. This sphere was headed by German Philosopher Immanuel Kant whose moral
theory is divided into two parts: ethics and right. According to Kant, a person acts ethically when he
acts by force of a duty that a rational agent self-legislates onto his own will. Thus, he talked of free
will of the human being. For Kant, ethics include duties of oneself (for example - to develop one's
talents) and to others (for example - to contribute to their happiness). This ability is the human
dignity of man. Philosophical approach, thus, is metaethical one, which is a journey from human
being and remaining human. This is explained by Professor Upendra Baxi as the relationship
between self, others and society. In this philosophical sense, dignity is respect for an individual
person based on the principle of freedom and capacity of making choices and a good or just social
order is one which respects dignity via assuring contexts and conditions as the source of free and
informed choice. To put it philosophically, each individual has a right to live her life the way she
wants, without any subjugation. One can rule others, but then it is never noble.
It is immoral because the other is not a means to you, the other is an end to herself. Kant also
maintains that to use the other as a means is the basic immoral act. Everything else that is immoral
is immoral because of this, so this should be the criterion: Are you using the other as a means?
Someone has put this remarkably in the following words:
Alexander the Great is not noble, only Gautam the Buddha is noble, for the simple
reason that Buddha has no rule over others but he is a matter of himself.
There is no part of his being which is not in tune with him.
He has come to attain absolute harmony. There is no conflict in him, there is a reign of absolute
peace. And his consciousness is supreme, nothing is above it no instinct, no intellect, nothing is
higher than his consciousness.
104) Historically, a transition has taken place into the idea of dignity by transforming the amalgam
of theological approach (man as creation of God deserving dignity) and philosophical approach
based on morality, by elevating human dignity as a constitutional norm attaching constitutional
value to it. It is a transition from respect to right by making respect as enforceable right. The
manner in which it has happened in India has been traced above.
105) From the aforesaid discussion, it follows that dignity as a jurisprudential concept has now been
well defined by this Court. Its essential ingredients can be summarised as under:
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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