Right to Life

Right to Life - A Fundamental Human Right Introduction The Right to Life is the most fundamental of all human rights, ensuring that every i...

Right to Life - A Fundamental Human Right

Introduction

The Right to Life is the most fundamental of all human rights, ensuring that every individual has the inherent right to live with dignity. Recognized globally and protected by various national constitutions and international human rights conventions, this right serves as the foundation for all other rights. In India, the Right to Life is enshrined in Article 21 of the Constitution, guaranteeing protection of life and personal liberty. This blog explores the significance, legal framework, challenges, and impact of the Right to Life in India and beyond.

Understanding the Right to Life

The Right to Life is a universally accepted human right emphasized in the Universal Declaration of Human Rights (UDHR) under Article 3 and the International Covenant on Civil and Political Rights (ICCPR) under Article 6. It ensures that no person shall be deprived of their life arbitrarily, reinforcing the idea of dignity and freedom.

In India, Article 21 of the Constitution states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." This provision has been expansively interpreted by the judiciary to include various aspects of life beyond mere existence.

Key Features of the Right to Life

1. Protection Against Arbitrary Deprivation: The state cannot take away a person’s life unless following due legal process.

2. Right to Dignified Living: Life includes not just survival but living with dignity, encompassing health, shelter, and basic necessities.

3. Right to Health and Medical Care: The government is obligated to provide adequate healthcare facilities.

4. Right to Livelihood: Employment opportunities and economic well-being are integral to the Right to Life.

5. Right to a Clean Environment: Pollution and environmental degradation that threaten life violate Article 21.

6. Right Against Custodial Violence: Protection from torture and inhumane treatment by authorities is guaranteed.

7. Abolition of Capital Punishment Debate: The Right to Life raises questions on the ethicality of the death penalty.

Importance of the Right to Life

• Human Dignity: Ensures that individuals can live with self-respect and without fear.

• Legal Protection: Provides a safeguard against arbitrary actions by the state or individuals.

• Social Welfare: Promotes healthcare, employment, and education as essential components of life.

• Environmental Justice: Protects against pollution and ecological harm that threaten human existence.

Challenges in Implementing the Right to Life

1. Poverty and Inequality: Economic disparities limit access to basic necessities.

2. State Violence and Human Rights Violations: Extrajudicial killings and police brutality challenge this right.

3. Health and Sanitation Issues: Lack of healthcare infrastructure affects millions.

4. Environmental Degradation: Air pollution, deforestation, and water scarcity threaten life.

5. Judicial Delays: Legal proceedings in human rights cases often take years, delaying justice.

Landmark Supreme Court Judgments on the Right to Life

1. Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 to include personal liberty.

2. Francis Coralie Mullin v. The Administrator (1981): Recognized the right to live with dignity.

3. Vishaka v. State of Rajasthan (1997): Linked workplace harassment to the Right to Life.

4. MC Mehta v. Union of India (1987): Upheld environmental protection as part of Article 21.

5. Common Cause v. Union of India (2018): Legalized passive euthanasia under the Right to Life.

Government Initiatives to Strengthen the Right to Life

To enhance the effectiveness of the Right to Life, the government has launched several initiatives:

• National Health Mission (NHM): Strengthens healthcare services across India.

• Clean India Mission (Swachh Bharat Abhiyan): Ensures sanitation and hygiene.

• Environmental Protection Policies: Laws to control pollution and protect natural resources.

• Legal Aid Services: Free legal assistance for marginalized communities.

• Livelihood and Employment Schemes: Programs like MNREGA provide economic security.

Conclusion

The Right to Life is the essence of human existence, encompassing dignity, security, and well-being. While significant progress has been made, persistent challenges such as poverty, state violence, and environmental concerns require continuous efforts. Strengthening legal frameworks, ensuring effective policy implementation, and promoting awareness are essential to safeguarding this fundamental right for all. By upholding the Right to Life, societies can build a more just, equitable, and humane world.