Fundamental Right Of Dignified Life Cannot Be Deprived Merely Because Of Conviction: Calcutta HC
Fundamental Right of Dignified Life Cannot Be Deprived Merely Because of Conviction: Calcutta High Court
Background
The Right to Life under Article 21 of the Indian Constitution is a fundamental right that encompasses more than mere survival.
It includes the right to live with dignity, which covers humane treatment and respect for the inherent worth of every individual.
A conviction, whether criminal or otherwise, cannot strip a person of this essential right except to the extent specifically provided by law.
Courts have increasingly held that even convicted persons retain their fundamental rights, including the right to dignified life.
Principle Explained
Conviction does not mean loss of all rights; it only authorizes the state to impose punishment as per law.
Even prisoners and convicts are entitled to basic human dignity, medical care, respect, and protection from inhuman treatment.
The deprivation of liberty consequent upon conviction is different from deprivation of dignity and basic rights.
The State and prison authorities have an obligation to ensure the upkeep of the dignity and life of convicts.
This principle applies also when considering bail, remission, parole, or prison conditions.
Calcutta High Court Observations
Case: Sudip Kumar Mondal v. State of West Bengal, WP No. 2982 (W) of 2022
The Calcutta High Court held that:
Article 21 guarantees dignified life to every individual, irrespective of conviction.
Mere conviction or incarceration does not justify inhuman or degrading treatment.
Prison authorities and the State must ensure adequate medical facilities, food, sanitation, and protection.
The right to life is not suspended during imprisonment; rather, it demands humane treatment.
Courts must vigilantly safeguard this right when prisoners approach them with grievances.
Supporting Supreme Court Judgments
1. Sunil Batra v. Delhi Administration, AIR 1978 SC 1675
The Supreme Court held that prisoners retain fundamental rights under the Constitution.
It struck down inhuman prison conditions and ruled that treatment of prisoners must be consistent with human dignity.
2. D. K. Basu v. State of West Bengal, (1997) 1 SCC 416
Court laid down detailed guidelines to prevent custodial torture and ensure dignity of detainees.
Emphasized that custodial violence or neglect violates Article 21.
3. Maneka Gandhi v. Union of India, AIR 1978 SC 597
Expanded the scope of Article 21, stating that the right to life includes the right to live with dignity and all facets of a meaningful life.
4. Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1
The Court held that the right to life includes the right to die with dignity and against torture or inhuman treatment.
Legal Significance
Conviction results in lawful deprivation of liberty, not deprivation of the right to life and dignity.
Prisoners can challenge inhuman conditions, denial of medical aid, or ill-treatment under Article 21.
Courts have power to ensure enforcement of these rights even during incarceration.
This principle aligns with international human rights norms and the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
Summary Table
| Aspect | Explanation |
|---|---|
| Right to Life under Article 21 | Includes right to live with dignity |
| Effect of conviction | Lawful deprivation of liberty, but dignity cannot be denied |
| Prisoners’ rights | Retain fundamental rights, including humane treatment |
| State obligations | Provide medical care, sanitation, food, protection |
| Judicial role | Courts ensure protection of prisoners’ fundamental rights |
Conclusion
The Calcutta High Court’s stance that the fundamental right to dignified life survives even after conviction reinforces a vital constitutional guarantee. Convicts, though lawfully deprived of freedom, must continue to be treated with dignity and respect. This principle is essential to the humane administration of justice and aligns with the constitutional mandate of upholding human rights.
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