Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
101) This concept of dignity took a leap forwarded in the case of Common Cause v. Union of India37
pertaining to passive euthanasia. Though this right was earlier recognised in Aruna Ramachandra
Shanbaug v. Union of India & Ors.38, a totally new dimension was given to this right, based on
freedom of choice 37 (2018) 5 SCC 1 38 (2011) 4 SCC 454 which is to be given to an individual
accepting his dignity. There were four concurring opinions. In one of the opinions 39, the aspects of
dignity are succinctly brought out in the following manner:
154. Dignity of an individual has been internationally recognised as an important
facet of human rights in the year 1948 itself with the enactment of the Universal
Declaration of Human Rights. Human dignity not only finds place in the Preamble of
this important document but also in Article 1 of the same. It is well known that the
principles set out in UDHR are of paramount importance and are given utmost
weightage while interpreting human rights all over the world. The first and foremost
responsibility fixed upon the State is the protection of human dignity without which
any other right would fall apart. Justice Brennan in his book The Constitution of the
United States: Contemporary Ratification has referred to the Constitution as a
sparkling vision of the supremacy of the human dignity of every individual.
155. In fact, in Christine Goodwin v. United Kingdom the European Court of Human
Rights, speaking in the context of the Convention for the Protection of Human Rights
and Fundamental Freedoms, has gone to the extent of stating that the very essence of
the Convention is respect for human dignity and human freedom. In the South
African case of S. v. Makwanyane, ORegan, J. stated in the Constitutional Court that
without dignity, human life is substantially diminished.
xx xx xx
157. The concept and value of dignity requires further elaboration since we are
treating it as an inextricable facet of right to life that respects all human rights that a
person enjoys. Life is basically self-assertion. In the life of a person, conflict and
dilemma are expected to be normal phenomena. Oliver Wendell Holmes, in one of
his addresses, quoted a line from a Latin poet who had uttered the message, Death
plucks my ear and says, LiveI am coming. That is the significance of living. But when
a 39 Rendered by Dipak Misra, CJI patient really does not know if he/she is living till
death visits him/her and there is constant suffering without any hope of living,
should one be allowed to wait? Should she/he be cursed to die as life gradually ebbs
out from her/his being? Should she/he live because of innovative medical technology
or, for that matter, should he/she continue to live with the support system as people
around him/her think that science in its progressive invention may bring about an
innovative method of cure? To put it differently, should he/she be Guinea pig for
some kind of experiment? The answer has to be an emphatic No because such futile
waiting mars the pristine concept of life, corrodes the essence of dignity and erodes
the fact of eventual choice which is pivotal to privacy.
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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