Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
existed human beings who were not considered as human beings. There were slaves who were
treated at par with animals.
111) Kant expounded the theory that humans should be treated as an end in themselves and not
merely as a means to an end with ability to choose their destiny. Emphasis was laid on the intrinsic
worth of the human being. Based on this philosophy emerged the initial declaration of rights. Kant
wrote thus:
Humanity itself is a dignity; for a human being cannot be used merely as a means by
any human being (...) but must always be used at the same time as an end. It is just in
this that his dignity (personality) consists, by which he raises himself above all other
beings in the world that are not human beings and yet can be used, and so overall
things.
112) Charles Bernard Renouvier, a French Philosopher, said:
Republic is a State which best reconciles dignity of individual with dignity of
everyone.
113) Dignity extended to all citizens involves the idea of communitarism. A little
earlier in 1798, Friedrich Schiller, a German poet of freedom and philosophy, brought
out the connection between dignity and social condition in his work Wurde des
Menschen. He said (g)ive him food and shelter;
when you have covered his nakedness, dignity will follow by itself. It was during the period that
abolition of slavery became an important political agenda. Slavery was considered as an affront to
human dignity.
114) The Universal Declaration of Human Rights (UDHR) recorded in the Preamble recognition of
the inherent dignity and of the equal and inalienable rights of all members of the human family as
the foundation of freedom, justice and peace. It included freedom from fear and want as amongst
the highest aspirations of the common people. This is of course subject to resources of each State.
But the realisation is contemplated through national effort and international cooperation. Evidently,
the UDHR adopts a substantive or communitarian concept of human dignity. The realisation of
intrinsic worth of every human being, as a member of society through national efforts as an
indispensable condition has been recognised as an important human right. Truly speaking, this is
directed towards the deprived, downtrodden and have nots.
115) We, therefore, have to keep in mind humanistic concept of human dignity which is to be
accorded to a particular segment of the society and, in fact, a large segment. Their human dignity is
based on the socio-economic rights that are read in to the fundamental rights, as already discussed
above.
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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