Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
ON
1|Page
ACKNOWLEDGEMENT
I, Faiz Alam, would like to express my deep sense of gratitude towards our Law
and Poverty teacher, Dr. Asad Malik Sir. It was he who gave me a project on
this topic and guided me thoroughly to make this project easily. The process of
making this project gave me information about a lot of things which I did not
know earlier and this would not have been possible without Sir's help.
I would also like to thank my friends and family members who helped me in the
-FAIZ ALAM
2|Page
TABLE OF CONTENTS
S. No Particulars Page
No.
1. Introduction 04-05
6. Bibliography 22
3|Page
INTRODUCTION
Everyone has the right to live with human dignity, liberty and the security of
person. The right to live with human dignity is undoubtedly the most
fundamental of all rights. All other rights add quality to the life in question and
depend on the pre-existence of life itself for their operation.1As human rights
can only attach to living beings, one might expect the right to life itself to be in
some sense primary, since none of the other rights would have any value or
utility without it. There would have been no Fundamental Rights worth
mentioning if Article 21 had been interpreted in its original sense. This chapter
by law. Life in Article 21 of the Constitution is not merely the physical act of
through life. It has a much wider meaning which includes right to live with
human dignity, right to livelihood, right to health, right to pollution free air, etc.
Right to live with Human Dignity is fundamental to our very existence without
which we cannot live as human being and includes all those aspects of life
1
Kesavananda Bharati vs. The State of Kerala; AIR 1973 S.C. 1461, (1973) 4 SCC 225
4|Page
which go to make a man's life meaningful, complete and worth living.2It is the
only article in the Constitution which has received the widest possible
shelter, growth and nourishment.3 Thus, the bare necessities, the minimum and
basic requirements which are essential and unavoidable for a person is the core
Article 21 assures the right to live with human dignity, free from exploitation.
the fundamental right of any person, particularly when he belongs to the weaker
section of the community and is unable to wage a legal battle against a strong
and powerful opponent who is exploiting him. Both the Central Government
and the State Government are therefore bound to ensure observance of the
various social welfare and labour laws enacted by Parliament for the purpose of
securing to the workmen a life of basic human dignity in compliance with the
DPSPs.
The meaning of the word life includes the right to live in fair and reasonable
conditions, right to rehabilitation after release, right to live hood by legal means
2
Constitution of india-PART 3 Article 19 Fundamental Rights
3
Pylee, M.V. (1999). India's Constitution. New Delhi: S. Chand and Company.
5|Page
RIGHT TO HUMAN DIGNITY
"Inalienable dignity of every person, has the right and duty. Belong to one of
whatever social class, every person is created in God is a living body, but with a
cute free and immortal soul is not only endowed. Having come from God, the
Spirit of The Spirit of God is God and should be back in a dark coal mine in the
bottom of the body of a worker to live, or in the lap of luxury in a well - fed
Financier living in the body, it does not matter what you do. reality, both of
them have the same value. they are true, morality and the struggle for eternal
life, so that they are equal personal dignity, moral responsibility, the same
eternal destiny, and both of them have been given the existence of the world. "-
Father Leo John Dehon, founder of the Sacred Heart priests Human dignity is a
universal concern. Independent assessment of its moral agenda on the one hand
and the social construction of a double kind is attempted. The variety of people
all over the world to challenge the basic dignity. To a large extent, globalization
has a role to play. Status, race, class, race, religion and gender divisions with a
maintain, after all is objectified. In the very heart of their sense of dignity, and
education, health, freedom from hunger, the professions, social security and the
6|Page
economic and social rights of all people to a dignified existence, the most
important way to ensure that. From the point of view of a Subalterns and to
ensure that the minimum requirements are important. Dignity, peace, health and
In this article the concept of the Indian judicial system and how it has been
explained by the evolution of the test are discussed. In addition, many of our
domestic law and international convention has been dealt with in detail in the
beings, who can play the role of saviour of the judicial system that records only.
7|Page
ARTICLE 21 AND DIRECTIVE PRINCIPLES OF THE
STATE POLICY
The Directive Principles of the State Policy as enumerated in Chapter-IV are not
governance of the nation as the name itself implies Directive Principles of the
State Policy. The Constitution makers evolved what was then a novel
which were Justiciable in a court of law and directive principles of state policy
with human dignity, free from exploitation. This right to live with human
4
AIR 2006
5
1981 AIR 746, 1981 SCR (2) 516
8|Page
dignity enshrined in Article 21 derives its life breath from the Directive
Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and
Articles 41 and 42 and at the least, therefore, it must include protection of the
health and strength of workers men and women, and of the tender age of
just and humane conditions of work etc. These are the minimum requirements
which must exist in order to enable a person to live with human dignity and no
State neither the Central Government nor any State Government has the right to
take any action which will deprive a person of the enjoyment of these basic
(e) and (f) of Article 39, Articles 41 and 42 are not enforceable in a court of
law, it may not be possible to compel the State through the judicial process to
make provision by statutory enactment or executive fiat for ensuring these basic
already enacted by the State providing these basic requirements to the workmen
and thus investing their right to live with basic human dignity, with concrete
reality and content, the State can certainly be obligated to ensure observance of
such legislation for inaction on the part of the State in securing implementation
of such legislation would amount to denial of the right to live with human
9|Page
Thus the Court held that where a law has already been enacted to enforce
Article 21 with reference to the directive principles of the state policy it can
compel the state to implement the said legislation in letter and spirit.
In 1993, relying on the directive principle of the state policy, the Court ruled
that the right to education until the age of fourteen is a fundamental right and
therefore falls under the protection of Article 21 in conjunction with Article 41.
Article 41 states: The State shall, within the limits of its economic capacity and
education... Thus, the Court has interpreted the Directive Principles of the
State Policy in conjunction with Article 21 and gave a wider meaning to Article
In the next part we will discuss in detail the relationship between Article 21 and
10 | P a g e
INTERPRETATION OF HUMAN DIGNITY BY THE
SUPREME COURT OF INDIA:
Indian Supreme Court implied by the right to life, human dignity, in both senses
of the concept of human rights has received a catalogue. The right people, the
food, shelter, hygiene, Clean Air, health care, education, and human dignity as a
the personality in order to secure a proper goal that was ruled. The Supreme
Court in the case of different ways 'personal dignity' to explain, some of them
are: -
7
"Air India Statutory Corporation V. United Labour Union"
with human dignity, social justice you imagine the arch. It provides an insight
the law. It's the spirit of the law and makes it richer. And the time required to
meet the needs of a particular era as an important system, the ultimate goal of
the constitution as the highest values of justice, liberty, equality and fraternity.
6
1994 SCC (3) 569, JT 1994 (2) 423
7
Air 1997 SC 645
11 | P a g e
Of social justice, equality and social status are the pillars of democracy.
Engrafted in the orderly growth and development is essential for every citizen
life, health and strength of workers, to enable a person to live with human
Human dignity, the right to rest and leisure, personality development, social
human rights.
Art.21 embedded in the right to life cannot be limited to mere animal existence.
It means something much more than just physical survival. The right to life with
human dignity and all that goes along with it, such as, for example, read, write
and express yourself over the head and facilities adequate nutrition, clothing and
shelter, the bare necessaries of life includes right to live with various forms,
freely moving about and mixing and collaborating with the commingling.
8
Air 1995 SC 922
9
Air 1981 SC 746
12 | P a g e
It arises, the question of the right to life, limb or faculty are only limited
protection or whether it is more and more embracing. We have the right to life
with human dignity and the right to live there think it goes along with that,
namely, such as reading, writing and expressing one over the head and facilities
adequate nutrition, clothing and shelter, the bare necessaries of life, various
forms of self-help freely moving and mixing and collaborating with the
commingling.
Preventive detention, but not necessarily to secure the release of a writ petition
defence in criminal proceedings is not limited to the choice of a legal adviser for
dignity, personal freedom and the right to live and be included with the part of
the detenue cannot be deprived of this right by the right of the detenue, should
be reasonable and cannot be interfered with except in accordance with the valid
legal process.
fly half mast on each such occasion is - it's a calculated assault on human
10
Air 1997 SC 610
13 | P a g e
"Guruvayur Devaswom Managing Committee V. CK Rajan11
"the poor, depraved poorest, illiterate, urban and rural unorganized labour
sector, women, children, the disabled by ignorance, we found that the power of
judicial review of their practices, indigence and illiteracy, and other have no
access to justice is trodden down or have been denied justice. 'Social action' or
mentioned above was developed with a view to render justice to the entire class.
It's time to stretch his wings. Pro Bono Public Speedy Trial, the maintenance of
human dignity, of the Legal Aid, who provide relief and covered Inmates in
several areas. As the Pro Bono public and test litigations and peripheral
accuracy of the real issues - you want to pass, a necessary disincentive to those
who had the joy of justice in keeping with the current accent.
"human dignity prison officials had bartered away for mere apprehensions will
the large masses of people, and it is a curse inflicted on the soul corroding and
robbing him by sapping the moral fiber of the catastrophic effect that one of the
11
Air 2004 SC 561
12
Air 1981 Supreme Court 625
14 | P a g e
basic human dignity and the right of God on earth, this wonderful the creation
of high quality and that they would be destroying the finer susceptibilities.
Bonded labour system (abolition) Act, 1976 to implement the provisions of the
government's actions that any failure of bonded labour and basic human dignity,
with a view to ensure the principles of the policy guidelines have been enacted
by section 21 of this Act, apart from the clearest violation of the Constitution 23
will.
Offends human dignity, imposes avoidable torture and reduces the level of an
animal, which would be arbitrary and must be treated in the industry may be
under question.
In Section 21 of the human dignity and all that goes along with it in order to
include the right to live with this Court has explained. "Flow directly from the
right to life, the right to education." In other words, the right to education, the
to. State for the benefit of all levels of educational institutions is under a
classes.
13
Air 1978 SC 1675
14
AIR1993 SC 2178
15 | P a g e
"Gopal V. State of Karnataka15
towards the society on a sad reflection. We are the victims of a rapist not only
violates the privacy and personal integrity, and remember that the process
personality. A murderer destroys the physical body of the victim, a rapist the
very soul of the helpless female degrades. When accused of trying to rape a
Rights Instruments and the right to life, liberty and security of personal dignity.
Part III of the Constitution of certain rights under international human rights
provided by this type of instrument has been left intact. We are not completely
sure of the international human rights instruments by the life, liberty and
15
AIR 2000 SC1669
16 | P a g e
Article 3 "Everyone's life, liberty and security of person has the right to."
Article 6 of the ICCPR "inherent right to life of every human being. These
life. "Section 9 of the Agreement provides that the right to personal liberty and
the right to liberty and security of person he is, "said., No one shall be subjected
"This is the right of speedy trial and the right to compensation for unlawful
arrest or detention, the right to be produced before a judicial authority, the right
to be informed of the arrest charge and are within the scope of the right.
Essential for a fair trial with a number of rules in Section 14 of the ICCPR. The
right to justice and the principles of justice and human rights jurisprudence to
Life, liberty and the right to security in dealing with some of the other
adequate living conditions, you have the right to work. In 1981 Women
17 | P a g e
against women, the right to provide for their dignified life. Elimination of
violence against women on the importance of the right to life again reaffirmed,
freedom and security, and to fill the gap left by the provisions of the CEDAW.
dimension to Art. 21 and held that the right to live the right to live is not merely
a physical right but includes within its ambit the right to live with human
dignity.
The right to live includes the right to live with human dignity and all that goes
along with it, viz., the bare necessities of life such as adequate nutrition,
clothing and shelter over the head and facilities for reading writing and
expressing oneself in diverse forms, freely moving about and mixing and
mingling with fellow human beings and must include the right to basic
necessities the basic necessities of life and also the right to carry on functions
Peoples Union for Democratic Rights v. Union of India 18 , held that non-
in Delhi was a denial to them of their right to live with basic human dignity and
16
1978 AIR 597, 1978 SCR (2) 621
17
1981 AIR 746, 1981 SCR (2) 516
18
1981 AIR 746, 1981 SCR (2) 516
18 | P a g e
benefits conferred on workmen employed by a contractor under various labour
laws are clearly intended to ensure basic human dignity to workmen. He held
building for holding Asian Games in Delhi, and non-enforcement of these laws
by the State Authorities of the provisions of these laws was held to be violative
held that the right to life includes right to life with human dignity and decency
women and offends Article 21 of the Constitution only if the same is grossly
19
AIR 1998 AP 302
19 | P a g e
CRITICAL ANALYSIS
The fundamental rights have been revised for many reasons. Political groups
have demanded that the right to work, the right to economic assistance in case
provisions have been enshrined in the Directive Principles of state policy. The
right to freedom and personal liberty has a number of limiting clauses, and thus
have been criticized for failing to check the sanctioning of powers often deemed
Maintenance of Internal Security Act (MISA) and the National Security Act
(NSA) are a means of countering the fundamental rights, because they sanction
excessive powers with the aim of fighting internal and cross-border terrorism
and political violence, without safeguards for civil rights. The phrases "security
order" have not been explicitly stated in the constitution, and this ambiguity
arms is exercised, but in some cases, these meetings are broken up by the police
20 | P a g e
"Freedom of press" has not been included in the right to freedom, which is
has been reduced, but their employment even in non-hazardous jobs, including
their prevalent employment as domestic help violates the spirit and ideals of the
constitution. More than 16.5 million children are employed and working in
India. India was ranked 88 out of 159 in 2005, according to the degree to which
worldwide.
21 | P a g e
BIBLIOGRAPHY
BOOKS:
WEB SITES:
(1.) http://www.lawctopus.com/academike/article-21
(2.) http://www.lawyersclub.com
22 | P a g e