Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
following discussion:
103. A corollary of this development is that while so long the negative language of
Article 21 and use of the word deprived was supposed to impose upon the State the
negative duty not to interfere with the life or liberty of an individual without the
sanction of law, the width and amplitude of this provision has now imposed a positive
obligation (Vincent Panikurlangara v. Union of India) upon the State to take steps for
ensuring to the individual a better enjoyment of his life and dignity e.g.:
(i) Maintenance and improvement of public health (Vincent Panikurlangara v. Union
of India).
(ii) Elimination of water and air pollution (M.C. Mehta v. Union of India).
(iii) Improvement of means of communication (State of H.P. v. Umed Ram Sharma).
(iv) Rehabilitation of bonded labourers (Bandhua Mukti Morcha v. Union of India).
(v) Providing human conditions in prisons (Sher Singh v. State of Punjab) and
protective homes (Sheela Barse v. Union of India).
(vi) Providing hygienic condition in a slaughterhouse (Buffalo Traders Welfare Assn. v. Maneka
Gandhi).
104. The common golden thread which passes through all these pronouncements is that Article 21
guarantees enjoyment of life by all citizens of this country with dignity, viewing this human right in
terms of human development.
105. The concepts of justice social, economic and political, equality of status and of opportunity and
of assuring dignity of the individual incorporated in the Preamble, clearly recognise the right of one
and all amongst the citizens of these basic essentials designed to flower the citizen's personality to
its fullest. The concept of equality helps the citizens in reaching their highest potential. Thus, the
emphasis is on the development of an individual in all respects.
110) Christopher McCrudden, an Oxford Academic, in his article Human Dignity and Judicial
Interpretation of Human Rights 47 published in the European Journal of International Law on
September 01, 2008 traces the evolution of concept of human dignity. In substance, his analysis is
that in the early stages of social evolution, human dignity was understood as a concept associated
with status. Only those individuals were considered worthy of respect who enjoyed a certain status
within the social construct. Though one finds statements about dignity of humans as human beings
on account of the human being the highest creation of God and his possession of mind and the
power of reason in the Oration of Marcus Tullius Cicero, a Roman Politician and Philosopher (63
BC), and in the works of Pico della 47 Published in the European Journal of International Law on
September 01, 2008 Mirandola, a Reformation Humanist (1486) On the dignity of man, yet there
Indian Kanoon - http://indiankanoon.org/doc/127517806/
101
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières