'Everyone has the right to life, liberty and the security of person.' Article 21 of the Constitution of India, provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”. The Right to Water under the Right to Life: India. For most countries, the lack of explicit reference to a right to water in the national legislation necessitates. India News: The Supreme Court on Thursday ruled that privacy is a fundamental right because it is intrinsic to the right to life. The SC also said.
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No Right to die Art. Does, it also confers a right not to live or a right to die if a person chooses to end his life? If so, what is the fate of Sec.
There has been difference of opinion on the justification of this provision to continue on the statute book. This question came for consideration for first time before the High Court of Bombay right to life in india State of Maharashtra v. The court argued that the word life in Art.
Thus the court concluded that the right to live of which Art. State of Punjab [lvi]. The Court overruled the decision of the Division Bench in the above stated case and has put an end to the controversy and ruled that Art.
The court observed further: In Gian Kaur v. State of Punjab [lvii]the Supreme Court has distinguished between Euthanasia and attempt to commit suicide. The court held that death due to termination of natural life is certain and imminent and the process of natural death has commenced.
These are not cases of extinguishing life but only of accelerating conclusion of the process of natural death that has already commenced. The court further held that, this may fall within the ambit of Right to live with human dignity up to the end of natural life.
Fundamental rights in India - Wikipedia
This may include the right of a dying man to also die with dignity when his life is ebbing out. This cannot be equated with the right to die an unnatural death curtailing the natural span of life. Sentence of death —Rarest of rare cases The issue of abolition or retention of capital punishment was dealt with by the law commission of India.
After collecting as much available material as possible and assessing the views expressed by western scholars, the commission recommended the retention of the right to life in india punishment in the present state of the country.
The commission held the opinion that having regard to the conditions of India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of right to life in india and education in the country, to the vastness of its area, to the diversity of its population and to the paramount need for maintaining law and order in the country, India could not risk the experiment of abolition of capital punishment.
P [lviii]the Supreme Court had held that death penalty was not violative of articles 14, 19 and Therefore, the choice of awarding death sentence was done in accordance with the right to life in india established by law as required under article 21 But, in Rajindera Parsad v.
State of Punjab [lx]the leading case of on the question, a constitution bench of the supreme court explained that article 21 recognized the right of the state to deprive a person of his life in accordance with right to life in india, fair and reasonable procedure established by a valid law.
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It was further held that death penalty for the offence of murder awarded under section of I. C did not violate the basic feature of the constitution.
If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Art.
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