Right to Live with Dignity

Bhumika Ravariya , a 3rd- Year student currently pursuing BLS LLB at CWC Law College, Mumbai has written this article “Right to live with Dignity”

INTRODUCTION

The basic human right that is essential for individuals and society as a whole is ‘The Right to Live with Dignity ‘. It consists of various aspects of human life, such as physical, mental, and well-being, as well as social and economic status. It is essential for promoting a just and equitable society where every individual is treated with respect and equality.

Dignity is the right of a person to be valued and respected for their own sake, to be treated with respect, and to live their lives in a way that upholds their dignity. Living with Dignity means that we should be able to access health, care, and information regardless of who we are, where we live, or how well-off we are. And importantly, it means we all have the right to make decisions about our bodies and health. The right to live with dignity means that every human being has a fundamental right to be treated as a person of worth. Moreover, to have their basic needs met, regardless of their background, circumstances, or abilities.

RIGHT TO LIVE WITH DIGNITY UNDER INDIAN CONSTITUTION:

Human dignity is enshrined under Article 21 of the Indian Constitution which states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”. Human dignity means that human beings possess an intrinsic value to their humanity and as such are worthy of respect. So Indian Constitution makes it clear that human dignity can be taken only under procedures established by the law. The main focus of this article will be on the scope of Article 21 and the comparison of the concept of human dignity with other countries. The Indian Constitution recognizes the inherent dignity and worth of all individuals and guarantees several fundamental rights to its citizens to ensure that they can live with dignity. These rights include:

Right to Equality:

The Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth. All individuals are equal before the law and are entitled to equal protection of the law.

Right to Life and Personal Liberty:

Every person has the right to life and personal liberty, which includes the right to live with dignity.

Right to Freedom:

The Constitution guarantees several freedoms, such as freedom of speech and expression, freedom of assembly, and freedom of movement.

Right to Education:

The Constitution recognizes education as a fundamental right. In addition, mandates that the State provide free and compulsory education to all children between the ages of six and fourteen years.

Right to Work:

The Constitution recognizes the right to work as a fundamental right. Also, directs the State to ensure the right to work to all citizens.

Right to Health:

The Constitution recognizes the right to health as a fundamental right. Moreover, directs the State to ensure access to adequate healthcare facilities for all citizens.

EVOLUTION OF THE RIGHT TO LIVE WITH DIGNITY:

Although the right to live with dignity has been an important aspect of human rights throughout history, we can trace its evolution through various legal and philosophical developments.

Ancient civilizations:

We can trace back the concept of dignity to ancient civilizations such as the Greeks and the Romans. They emphasized the importance of human dignity and the inherent worth of individuals.

Enlightenment-era:

The Enlightenment era brought about a new emphasis on the dignity of the individual, with philosophers such as John Locke and Immanuel Kant arguing that all humans have inherent dignity and rights that must be respected.

Human rights movement:

The post-World War II human rights movement further solidified the concept of human dignity. It also solidified its importance in ensuring basic rights and freedoms for all individuals.

International legal instruments:

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, recognizes the right to live with dignity as a fundamental human right. Other international legal instruments, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights, have further elaborated on this right.

Domestic laws and court decisions:

Various domestic legal systems have recognized and enforced the right to live with dignity, with courts interpreting it to include aspects such as access to healthcare, education, and necessities.

In contemporary issues such as bioethics, the concept of human dignity continues to remain relevant as it is used to argue for the protection of human life, prevention of harm, and alleviation of suffering.

Several national and international legal instruments recognize the right to live with dignity. Some of them are:

Universal Declaration of Human Rights (UDHR):

Adopted by the United Nations General Assembly in 1948, the UDHR recognizes the inherent dignity and equal and inalienable rights of all members of the human family as the foundation of freedom, justice, and peace in the world.

International Covenant on Civil and Political Rights (ICCPR):

Adopted by the United Nations General Assembly in 1966, the ICCPR recognizes the right to life and the inherent dignity of every human being.

International Covenant on Economic, Social, and Cultural Rights (ICESCR):

Adopted by the United Nations General Assembly in 1966, the ICESCR recognizes the right of every person to the enjoyment of the highest attainable standard of physical and mental health, which includes the right to live with dignity.

Convention on the Rights of the Child (CRC):

Adopted by the United Nations General Assembly in 1989, the CRC recognizes the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral, and social development.

Constitution of India:

The Indian Constitution recognizes the right to life and personal liberty as a fundamental right guaranteed to all citizens, which includes the right to live with dignity.

African Charter on Human and Peoples’ Rights:

Adopted by the African Union in 1981, the African Charter recognizes the right of every individual to enjoy the best attainable state of physical and mental health and to live with dignity.

European Convention on Human Rights (ECHR):

Adopted by the Council of Europe in 1950, the ECHR recognizes the right to life and the right to respect for private and family life, which includes the right to live with dignity.

ROLE OF THE INDIAN JUDICIARY IN EXPANDING THE SCOPE OF THIS RIGHT:

The Indian judiciary has played a significant role in expanding the right to live with dignity for citizens. The Indian Constitution enshrines the right to life, and the judiciary has interpreted it to include the right to live with dignity. The Supreme Court of India has been at the forefront of expanding this right through its landmark judgments. The judiciary has interpreted this to mean that the right to life includes the right to live with dignity, which is essential for the full enjoyment of life.

The judiciary has also taken a proactive role in protecting the rights of marginalized communities, including women, children, and members of the LGBTQ+ community. In cases of gender-based violence, the judiciary has recognized the importance of the right to live with dignity and has taken steps to ensure that survivors are treated with respect and dignity during legal proceedings. The judiciary has also played a crucial role in expanding the right to live with dignity for prisoners. It has recognized that prisoners have the right to humane conditions of confinement and have taken steps to ensure that prisons are not overcrowded and that inmates are treated with dignity.

Finally, the judiciary has recognized the importance of economic and social rights in ensuring that individuals can live with dignity. Court orders government to provide citizens with necessities like food, shelter, and healthcare

RECENT CASE LAWS RELATED TO THE RIGHT TO LIVE WITH DIGNITY:

There have been several recent case laws related to the right to live with dignity, both in India and internationally. Here are some of the notable ones:

Navtej Singh Johar v. Union of India (2018)

This landmark case was a significant victory for LGBTQ+ rights in India. The Supreme Court of India struck down Section 377 of the Indian Penal Code, which criminalized homosexuality. The court held that the right to live with dignity was an essential aspect hence, criminalizing of homosexuality violated this right. The judgment recognized that discrimination against LGBTQ+ individuals violated their inherent dignity and was unconstitutional.

Puttaswamy v. Union of India (2017)

This case was another landmark victory for individual rights in India. The Supreme Court of India held that the right to privacy was a fundamental right protected by the Indian Constitution. The court held that Privacy is crucial to fundamental rights like life and personal liberty.

We consider the right to privacy as an essential aspect of the right to live with dignity.

Roe v. Wade (1973)

In this US Supreme Court recognized privacy as inherent to life and personal liberty. The case held that a woman had the right to choose to have an abortion. As this decision was part of her right to privacy and her ability to make decisions about her own life. The case affirmed the principle that individuals have the right to live with dignity, and that this right includes the ability to make decisions about their bodies and lives.

S. Gopalan v. State of Madras (1950):

This case was one of the earliest cases to consider the right to life and personal liberty in India. The Supreme Court of India held that the right to life was not limited to the physical existence of individuals but also included the right to live with human dignity. The court recognized that Individuals have the right to liberty, free from arbitrary detention, and the state must protect it.

Francis Coralie Mullin v. The Administrator, Union Territory of Delhi (1981):

This case was significant in recognizing the right to live with dignity in India. The Supreme Court of India held that the right to life under Article 21 included the right to live with dignity. The court recognized that individuals had the right to be free from any form of torture, cruel, inhuman, or degrading treatment. In addition, the state had a duty to protect and promote the right to live with dignity.

These recent case laws demonstrate the importance of the right to live with dignity in protecting rights and freedoms. They recognize that the right to live with dignity is an essential aspect of the right to life and personal liberty. Moreover, that it encompasses various aspects of human life, including physical, mental, and emotional well-being, as well as social and economic status. The recognition and protection of this right are essential for promoting a just and equitable society.

CHALLENGES TO REALIZING THE RIGHT TO LIVE WITH DIGNITY:

Realizing the right to live with dignity is a complex challenge that requires addressing various economic, social, and political factors. Some of the challenges that hinder the realization of this right include:

POVERTY:

Poverty is one of the significant challenges to realizing the right to life with dignity. Deprivation of necessities like food, shelter, and healthcare violates dignity and prevents a dignified life.

INEQUALITY:

Inequality in income, wealth, and access to basic services such as education, health, and water and sanitation services, also undermines the right to life with dignity.

DISCRIMINATION:

Discrimination based on race, gender, religion, or any other grounds denies people the opportunity to live with dignity.

LACK OF ACCESS TO JUSTICE:

Lack of access to justice, including legal aid, hinders the protection and enforcement of human rights, including the right to live with dignity

POLITICAL INSTABILITY:

Political instability, including conflict and violence, can result in the loss of life, displacement, and destruction of infrastructure, which undermines the right to live with dignity.

Addressing these challenges requires a holistic approach that involves promoting economic growth and development, reducing inequality, combating discrimination, strengthening access to justice, promoting political stability, and addressing climate change and health crises. Governments, civil society, and international organizations all have a role to play in realizing the right to live with dignity.

CONCLUSION:

In conclusion, the right to live with dignity is a fundamental human right that encompasses various aspects of human life. It includes access to basic needs such as food, shelter, healthcare, education, and freedom from discrimination and violence. However, realizing this right is a complex challenge that requires addressing various economic, social, and political factors. Governments, civil society, and international organizations all have a crucial role to play in promoting economic growth, reducing inequality, combating discrimination, strengthening access to justice, promoting political stability, and addressing climate change and health crises. Only by addressing these challenges can we create a world where every individual can live a life of dignity. Hence, Ultimately they could fulfill their full potential.