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Sunday,
March 16, 2003 |
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Books |
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Right to life is more than physical existence
Kanwalpreet
Fundamental Human
Rights, The Right to Life and Personal Liberty
by Sunil Deshta & Kiran Deshta. Deep & Deep, New Delhi.
Pages 269. Price not mentioned.
THE
Emergency clamped on the people of India by one of our former Prime
Ministers and subsequently the 42nd amendment have been the starting
point for many discussions. Some questioned the status of Articles
19, 20 and 21 during the proclamation of Emergency. It is basically
these fundamental rights, especially Art 21, which the authors set
out to explore. Written in a very technical language, you cannot
simply browse though this book. With all watershed cases being
covered, the reader has to follow each and every word. The authors
mention in the preface that Art 21 is "the fundamental of
fundamental rights." In their research, they acquaint us with
various aspects of this right, whether it is the right to live in a
healthy environment or the right to live with dignity. One
reassuring point highlighted is that the right to life does not only
mean "mere physical existence, but includes the right to
essential means and facilities which make life worth living with
comfort and dignity. An atmosphere where a person can grow
physically as well as mentally without fear or restrictions."
The book opens with
the authors describing and eulogising the right to life and personal
liberty. The controversy regarding Art 21, the shortest article in
the Constitution, though the "most significant for those who
cherish the ideals of liberty," is explained. Adapted from Art
31 of the Japanese Constitution, the case finely brought forward is
the dilemma of the Constitution makers whether to adapt the
"due process of law" or "procedure established by
law." Besides this, a chapter that deals with the right to life
vis-à-vis capital punishment is informative. The writers give a
list of countries that have abolished capital punishment through law
or disuse.
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