"Dignity is not a privilege bestowed by the state; it is a right inherent in every individual." — Justice K.S. Puttaswamy

Introduction and Definitional Understanding

Human dignity is universally recognized as one of the most sacred and inherent qualities of human beings. It is an inviolable right and a cornerstone of all constitutional democracies across the globe. The idea that every human being possesses an intrinsic worth merely by virtue of being human lies at the core of modern constitutional law and human rights jurisprudence. In this context, the right to live with dignity emerges as a profound constitutional guarantee that touches upon the essence of life itself.

In India, the right to live with dignity is not explicitly stated in the text of the Constitution. However, it has been judicially interpreted and read into Article 21, which guarantees the "right to life and personal liberty." This reading has not merely broadened the scope of Article 21 but also transformed it into a dynamic tool for achieving justice and equity in various domains of life. Over the decades, Indian courts have played a pivotal role in expanding the ambit of this article, interpreting “life” to mean more than mere animal existence. It now includes the right to live with dignity, thereby imposing a constitutional mandate upon the State to ensure that every citizen leads a life marked by respect, equality, and human value.

The significance of this right lies in its foundational character- it serves as a basis for the enjoyment of all other fundamental rights. Without dignity, the exercise of freedom, equality, or justice becomes hollow. In the Indian constitutional framework, dignity is not just a legal entitlement but also a moral and ethical imperative that guides legislative, executive, and judicial actions. In this light, the right to live with dignity is not passive or ornamental; it is actionable, enforceable, and deeply transformative.

The expanding horizon of this right has led to its incorporation into various socio-economic and civil-political rights, ranging from the right to shelter, health, education, privacy, livelihood, and even the right to die with dignity. Through landmark rulings, the Indian judiciary has acknowledged that dignified living entails access to the basic necessities of life and protection from exploitation, discrimination, and injustice.

However, the realization of this right is not without challenges. Despite constitutional promises and progressive jurisprudence, millions of Indians continue to live in poverty, without access to healthcare, housing, sanitation, and education- factors essential for a life of dignity.

Defining Human Dignity: Philosophical and Legal Foundations

The right to live with dignity is a fundamental human right that is enshrined in various international human rights instruments and national constitutions. This right is closely linked to the right to life, liberty, and security of person, and is essential for the well-being and development of individuals. To understand the meaning of the right to live with dignity, it is necessary to define the concepts of life, right, and human dignity in detail.

• Life: The concept of life is multifaceted and can be understood in both biological and philosophical terms. Biologically, life refers to the physical existence of an individual, characterized by the presence of vital functions such as breathing, eating, and consciousness. Philosophically, life encompasses a broader range of aspects, including emotional, intellectual, and spiritual dimensions.
• Right: A right is a moral or legal entitlement that is inherent to an individual or group. Rights are based on the principles of justice, equality, and human dignity, and are essential for protecting the interests and well-being of individuals.
• Human Dignity: Human dignity refers to the inherent worth and value of every human being. It is a fundamental principle of human rights and is closely linked to the concepts of autonomy, self-respect, and self-worth. Human dignity is essential for the well-being and development of individuals, and is closely tied to the right to live with dignity.

The concept of human dignity encompasses various aspects, including physical, emotional, and psychological integrity, as well as the right to autonomy and self-determination.

Constitutional Mandate

The Constitution of India provides a robust framework for the protection and promotion of human rights, including the right to live with dignity. Article 21 of the Constitution guarantees the right to life and personal liberty.

Article 21: Right to Life and Personal Liberty

Article 21 of the Indian Constitution is a cornerstone of fundamental rights, guaranteeing the right to life and personal liberty. The Supreme Court has interpreted this right broadly, recognizing various aspects of human dignity.

The right to life under Article 21 signifies more than mere existence. It includes the right to live with dignity, ensuring a life enriched with basic human needs and autonomy.

The Supreme Court has held that this right encompasses various aspects, such as:

• Right to Livelihood: The right to work and earn a livelihood is essential for a dignified life.
• Right to Health: The right to health and medical care is critical for ensuring a dignified life.
• Right to Shelter: The right to adequate housing is essential for a dignified life.
• Right to Protection from Exploitation: The right to protection from exploitation, abuse, and violence is critical for ensuring a dignified life.

Other Constitutional Provisions Supporting the Right to Live with Human Dignity

In addition to Article 21, several other constitutional provisions support the right to live with human dignity. These provisions ensure that individuals are treated with dignity and respect, and are protected from exploitation and discrimination.

• Article 14: Right to Equality and Equal Protection of the Laws- Article 14 of the Constitution guarantees the right to equality and equal protection of the laws. This provision ensures that all individuals are treated equally before the law and are protected from discrimination.
• Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of Birth- Article 15 of the Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This provision ensures that individuals are not discriminated against on the basis of their identity and are treated with dignity and respect.
• Article 16: Equality of Opportunity in Matters of Public Employment- Article 16 of the Constitution guarantees equality of opportunity in matters of public employment. This provision ensures that individuals are not discriminated against in public employment on the basis of their identity and are treated with dignity and respect.
• - Article 23: Prohibition of Traffic in Human Beings and Forced Labour- Article 23 of the Constitution prohibits traffic in human beings and forced labour. This provision ensures that individuals are protected from exploitation and are treated with dignity and respect.
• Article 24: Prohibition of Employment of Children in Factories and Mines- Article 24 of the Constitution prohibits the employment of children in factories and mines. This provision ensures that children are protected from exploitation and are treated with dignity and respect.

Landmark Judgments on the Right to Live with Human Dignity in India

The Supreme Court of India has played a pivotal role in interpreting and safeguarding the constitutional right to live with dignity through several landmark judgments.

• Maneka Gandhi v. Union of India (1978)
• Olga Tellis v. Bombay Municipal Corporation (1985)
• Francis Coralie v. Union Territory of Delhi (1981)
• Vishakha v. State of Rajasthan (1997)
• Justice K.S. Puttaswamy (Retd.) v. Union of India and Others (2017)
• Chameli Singh v. State of Uttar Pradesh (1996)
• Common Cause vs. Union of India (2018)
• Navtej Singh Johar vs. Union of India (2018)

The Right to Live with Dignity in India: A Distant Reality

Despite judicial strides, the enforcement of dignity-based rights is often marred by systemic failures.

The persistence of manual scavenging, despite its legal prohibition, starkly illustrates state inaction. Over 60 deaths were reported in 2023 due to unsafe sewer cleaning. These fatalities reflect institutional apathy toward marginalized workers whose dignity and right to life are routinely compromised.

Prison conditions in India remain deplorable, with the National Crime Records Bureau (NCRB) documenting occupancy rates over 130% in several states. Many inmates lack access to adequate food, sanitation, or medical aid.

Erosion of Dignity in India: Current Challenges and Concerns

The right to live with dignity is a fundamental human right that is essential for the well-being and development of individuals. However, despite this legal recognition, several contemporary realities continue to undermine this right.

Some current examples include:

• Manipur ethnic violence (2023-2024)
• Digital surveillance and Pegasus spyware allegations
• Custodial deaths and police brutality
• Evictions of slum dwellers without rehabilitation
• Hate speech and targeted violence against minorities
• Migrant labour crisis post-COVID
• Prison conditions and overcrowding
• Digital divide and denial of education
• Violence against women and lack of justice
• Denial of health care in rural areas

Suggestions and Future Considerations

To ensure that the right to live with dignity is protected and promoted, several suggestions and future considerations can be made.

Strengthening constitutional mandates:

• Addressing systemic issues
• Promoting access to justice
• Enhancing accountability
• Fostering community engagement
• Encouraging inter-sectoral collaboration
• Investing in human development
• Protecting vulnerable populations
• Fostering a culture of dignity

Conclusion

The right to live with dignity is a fundamental human right that is essential for the well-being and development of individuals. This right is enshrined in the Constitution of India, which guarantees the right to life and personal liberty under Article 21.

While the Constitution provides a robust framework for the protection and promotion of this right, more needs

While the Constitution provides a robust framework for the protection and promotion of this right, more needs to be done to ensure that this right is respected and protected. By implementing policies and programs that promote economic and social development, promoting access to justice and accountability, and ensuring that individuals have access to effective remedies and redressal mechanisms, we can work towards a future where all individuals in India can live with dignity.

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References:

Books:

1. "The Constitution of India: A Contextual Analysis" by Shankaran Krishna
2. "Human Rights and the Indian Constitution" by Dr. S.R. Myneni

1. Maneka Gandhi v. Union of India (1978)
2. Olga Tellis v. Bombay Municipal Corporation (1985)
3. Chameli Singh v. State of Uttar Pradesh (1996)
4. Francis Coralie v. Union Territory of Delhi (1981)
5. Common Cause v. Union of India (2018)

Constitutional Provisions:

1. Article 21: Protection of Life and Personal Liberty
2. Article 14: Right to equality and equal protection of the laws.
3. Article 19: Protection of certain rights regarding freedom of speech, etc. - safeguards fundamental freedoms.

Journals:

1. "Euthanasia and Right to Die with Dignity in India: Critical Analysis" - analyzes the concept of euthanasia and the right to die with dignity in India.
2. "The Right to Die: An Evolving Discourse in Indian Jurisprudence" discusses the evolution of the right to die in Indian law, particularly through landmark Supreme Court judgments.

Online Resources:

1. Supreme Court Review 2023: Right to Life - provides insights into recent Supreme Court judgments related to the right to life and dignity.