Society is becoming more complicated. The democracy brings with it evils of its own system . It is difficult to search a really devotes person amongst the majority. Psychological reconciliation amongst fellow citizens to utilise every potential energy and to maintain co-ordination between fellow citizens. Civilisation begins in order , grows with liberty and ultimately perish in chaos , civil liberty are better and save as long as its enforcement do not bother others existence . Administrative system and judicial institutions are considered for vacillation of the purposes. There is always a conflict between opinion and rivalry of the interest. Time has come to expose the falsehood and fallacies through discussions in order to avert its global devolution. The remedy is speech, not enforced silence. The ship of progress is equipped with moral strength. We cannot remain silent spectator by observing the gradual disintegration of every institution in a democratic society. However , our potential will prove the power to save them and to resist against evil disasters . There is no steady advance towards higher condition of progress. The opinion persists to subordinate personal interest to social interest as the vested interest are always motivated to usurp power through any means even at the cost of its own interest. Sincerity is now slave of destructive activities and human rights are passing through the state of psychological retardation. Attitude of the public is mainly consist of denouncing the receptive norms. Moral damage is more terrible. The individual human rights enforcement is inadequately persists and thus the existing remedies are required to fresh appraisal. The entire fabric of the society is scattered and shattered , which is existing with galloping corruption. The proper assessment of legal and social condition is essential. Reason obeys itself while ignorance submits to whatever is dictated to it . Freedom does not mean abuse nor liberty is a license . The survival of the human rights and individual freedom requires obedience, endeavour, honesty , truthfulness, sacrifice , discipline and character . Implementation of the strong idea requires steadfast wisdom. Such idea should burst every chain , which tends to paralyse its efforts to push forward. Most of the people tends to see nothing nor inclined to observe. They do not take the notice of evil consequences as the simplest and the cheapest attitude is apathy. The ensuring success is mostly understood at the beginning due to strong contrast of public opinion. The principle of reasonableness , legally and philosophically enshrined under Article 19,has been covered in its widest amplitude with the expansion and expression of personal liberty under article 21, which is essential non arbitrariness .Article 14 has a pervasive potency and versatile quality; equilitarian in its soul and allergic to discriminatory dictates. Equality is antithesis to arbitrariness. Thus Article 14 like a brooding omnipresence , protects against the fanciful and oppressive attitude of the public authority (A.I.R. 1978 S.C Page 597). The right to live with human dignity is also derived from Article 39(e)(f), Article 41 and Article 42 , which provides the extension of the limits by providing protection of health and physical strength to the workers , men and woman and children against abuses . The opportunity and facility for the children to develop in healthy manner and to provide them educational facility and other human conditions of work and maternity relief are the safeguard provided on the concept of human rights in Bandhwa Mukti Morcha (1984) 3 S.C.C Page 161 and (1991) 4 S.C.C Page 117 . In the injury cases from accidents , the medical aid by the state government including the aid from private doctors is must and negligence by not providing such medical assistance may be required to be compensated by the state government (1989)4 S.C.C Page 286 and in S.C legal aid committee Vs State of Bihar (1991) 3 S.C.C 482. Delay in execution of death sentence (1989) 1 S.C.C 678 is embodied as violated of article 21 and as such right to pre-legal aid to incapable litigant for engaging lawyer is flow from right to life Khatri II Vs state of Bihar (1981) 1 S.C.C 627 ;(1986) 2 S.C.C 401. The comprehend right to shelter (1990) 1S.C.C 520 ; against handcuffing and parading under trial prisoners has been regarded as violative of Article 21 in Sate of Maharastra Vs Ravikant S .Patil (1991 ) 2 S.C.C 373; Right to education to the children upto 14 years subject to limitation of economic capacity Unni Krishnan Vs Union of India (1993)1 S.C.C 645 and the detains right to confer with the legal advisor and meet family members Francis Coralie Mullian Vs Administrator (1981) 1 S.C.C 608 , speedy trial as provided under section 309 Cr. P.C Hussainara Khatoon (IV) Vs Home secretary , State of Bihar (1980 )1 S.C.C 98 ; (1986 )4 SCC 481 and right to speedy trial Kadra Pahadiya Vs State of Bihar (1983)2 SCC 104 were already considered to be the fundamental rights within the ambit and scope of Article 21 by the apex court . Non citizens are covered and state is oblige to protect their rights of life and liberty N.H.R.C Vs State of Arunanchal Pradesh (1996)1 S.C.C 742, Public trust doctrine for extending to natural resources such as rivers , forests , sea sources , air etc. for ecological balance under ecosystem. M.C Mehta Vs Klamal Nath (1997)1 S.C.C 388 shall preservation of once necessary commitment Surjeet Singh Vs State of Punjab (1996) 2S.C.C 336 ; and right to shelter food , water decent environment education medical care Chameli Singh Vs Sate of U.P (1996) 2 S.C.C 549 against custodian violence D.K. Basu Vs State of west Bengal (1997) 1 S.C.C 416, victim of rape be compensated with award against private party as right to live with humanity Boddhi Sattava Gautam Vs Shubra (1997) 1 S.C.C 490 , Right ot privacy against telephone taping (1997) 1 S.C.C 301 are further being included by the Hon’ble Supreme Court under Article 21.
Posted on: Tue, 29 Oct 2013 20:06:42 +0000