This article is written by Shreya Lal, LLB student of KLE college of Law , Mumbai during her internship with LeDroit India.
The Indian judiciary has consistently interpreted Article 21 of the Indian Constitution in new and innovative ways to help the oppressed. This research aims to review the judicial interpretation of the right to life and to analyze the current trend. The scope of this Article is to examine the judicial application of Article 21 and determine whether such an interpretation has always been effective and to offer solutions. The primary sources on which it is based are selected world constitutions, judgments and debates of the Constituent Assembly. The secondary sources on which it draws are legal commentaries, articles, websites and newspaper articles. The article was divided into 4 main parts. The first part deals with the term “due process” and its relationship to Article 21. Part 2 deals with the relationship of Article 21 to human rights. the broad interpretation of Article 21.The final part deals with the effectiveness of this interpretation. It also examines whether this eagerness of to interpret Article 21 in new ways led to the extraversion of attorneys. Then comes the conclusion and the solutions offered.
In Kharak Singh v. State of Uttar Pradesh, the Supreme Court quoted and held: By the term ‘existence’ as right here used, some thing greater is supposed than mere animal existence. The inhibition towards its deprivation extends to all the ones limbs and colleges via way of means of which existence is enjoyed. The provision similarly prohibits the mutilation of the frame via way of means of amputation of an armored leg or the pulling out of an eye, or the destruction of some other organ of the frame thru which the soul communicates with the outer world.
The Supreme Court of India in one among the landmark call within the case of Murli S. Deora v. Union of India discovered that the basic right bonded beneath Article 21 of the Constitution of India provides that none shall be bereft of his life while not due process of law. The Court observed that smoking publicly places is an indirect deprivation of lifetime of non-smokers with none process of law. Taking into thought the adverse result of smoking on smokers and passive smokers, the Supreme Court directed the prohibition of smoking in public places.
A social employee from the home violence group in a neighborhood authority used human rights arguments to get new lodging for a girl and her own circle of relatives liable to critical damage from a violent ex-partner. She primarily based totally her case at the neighborhood authority’s duty to guard the own circle of relatives proper to existence and the proper now no longer to be handled in an inhuman or degrading way.
To the trouble of immoderate extraversion with the aid of using the judiciary, with inside the interpretation of proper to life, there are solutions. They are the following:
1) First, the Supreme Court must trouble guidelines, whilst a rely comes up earlier than it, approximately the want for restraint with regards to interpretation. Granted it could be tempting to interpret the law in this sort of way to offer most advantage to the masses. However the truth of the state of affairs has to be taken under consideration whilst finding out a case. If a time-honored proper to meals or proper to sleep is given, what have to be taken into consideration are the consequences. Whether India has the functionality to put in force this sort of proper must betaken into consideration. Can the governments imply put in force a proper to sleep? Granting a proper that’s by no means enforced is akin to giving an empty promise. Progress have to be tempered with truth. A sturdy expertise of this reality have to be conveyed to the judiciary.
2) At the schooling stage, judges must be knowledgeable approximately the ramifications of giving decisions that are not possible to put in force. During schooling itself budding judges have to be made conscious that whilst creating a judgement the enforceability thing must now no longer be ignored.
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