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VOL. 8, ISSUE 6 (2022)
Right to life in India: A role of judiciary
Authors
Shalu
Abstract
Fathers of Indian constitution borrowed the concept of fundamental rights from the U.S. constitution in order to grant certain basic rights to every citizen so that he/she may live a life free from undue interference from the state or any other person. Speaking about the importance of the fundamental rights, Bhagwati, J. (the jurist). In the case of Maneka Gandhi v. Union of India remarked as under. these basic rights represent the basic values perfect by the people of this country (India) as the Vedic times and they are meant to defend the dignity of the person and make circumstances in which every person being can build up his behaviour to the fullest scope. These are devised on the guide of guarantees on the important organization of human rights and force negative responsibility on the state not to influence on personal freedom in a variety of dimension. Member of the constituent assembly also thought that the rights of the individuals could be made secure by the negative action of the state i.e. should the state abstain from doing certain things. If they believed that the right to freedom of expression is an indispensable condition for the development of human personality. They also said that this right could become real only if the govt. abstained from imposing any restriction on the right to equality becoming effective if the government did not discriminate between citizens. It is true that unlike our constitution the rights in America are not subject to restriction imposed upon them in the interest of public order, public morality, public health and prevention of people form crime. India is a country with the multiplicity of religions, languages and cultures, and it is essential that the religious, linguistic and cultural minorities in the country should feel assured that they would not be discriminated against and that their rights would be safeguarded. The problem of minorities based on religion confronted by the revolutionaries in France and U.S.A. also and they had solved it by enunciation of the principle of secularism.
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Pages:88-96
How to cite this article:
Shalu "Right to life in India: A role of judiciary". International Journal of Law, Vol 8, Issue 6, 2022, Pages 88-96
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