Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
through Brennan, J., while considering the application of Eighth Amendment's prohibition on cruel
and unusual punishments, summed up the previous jurisprudence on the Amendment as
'prohibit(ing) the infliction of uncivilized and inhuman punishments. The State, even as it punishes,
must treat its members with respect for their intrinsic worth as human beings. A punishment is
'cruel and unusual', therefore, if it does not comport with human dignity'. In Gregg v. Georgia 428
US 153 (1976), that very Court, again through Brennan, J., considered that 'the fatal constitutional
infirmity in the punishment of death is that it treats members of the human race as non-humans, as
objects to be toyed with an discarded. (It is), thus, inconsistent with the fundamental premise of the
clause that even the vilest criminal remains a human being possessed of common human dignity'.
The Canadian Supreme Court, the Hungarian Constitutional Court and the South African Supreme
Court have gone to the extent of holding that capital punishment constitutes a serious impairment
of human dignity and imposes a limitation on the essential content of the fundamental rights to life
and human dignity and on that touchstone declaring that dignity as unconstitutional.
99) Next judgment in this line of cases would be that of Jeeja Ghosh & Another v. Union of India &
Ors.36 wherein the Court, while expanding the jurisprudential basis, outlined three models of
dignity which have been discussed by us above. These were referred to while explaining the
normative role of human dignity, alongside, in the following manner:
37. The rights that are guaranteed to differently-abled persons under the 1995 Act,
are founded on the sound principle of human dignity which is the core value of
human right and is treated as a significant facet of right to life and liberty. Such a
right, now treated as human right of the persons who are disabled, has it roots in
Article 21 of the Constitution. Jurisprudentially, three types of models for
determining the content of the constitutional value of human dignity are recognised.
These are: (i) Theological Models, (ii) Philosophical Models, and (iii) Constitutional
Models. Legal scholars were called upon to determine the theological basis of human
dignity as a constitutional value and as a constitutional right. Philosophers also came
out with their views justifying human dignity as core human value. Legal
understanding is influenced by theological and philosophical views, though these two
are not identical.
Aquinas and Kant discussed the jurisprudential aspects of human dignity based on the aforesaid
philosophies. Over a period of time, human dignity has found its way through constitutionalism,
whether written or unwritten. Even right to equality is interpreted based on the value of human
dignity. Insofar as India is concerned, we are not even required to take shelter under theological or
philosophical theories. We have a written Constitution which guarantees human rights that are
contained in Part III with the caption Fundamental Rights. One such right enshrined in Article 21 is
right to life and liberty. Right to life is given a purposeful meaning by this Court to include right to
live with dignity. It is the purposive interpretation which has been adopted by this Court to give a
content of the right to human dignity as the fulfilment of the constitutional value enshrined in
Article 21. Thus, human dignity is a constitutional value and a constitutional goal. What are the
dimensions of constitutional value of human dignity? It is 36 (2016) 7 SCC 761 beautifully illustrated
by Aharon Barak (former Chief Justice of the Supreme Court of Israel) in the following manner: The
Indian Kanoon - http://indiankanoon.org/doc/127517806/
93
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