This article has been written by Syeda Salma Fathima pursuing Diploma in Technology Law, Fintech Regulations and Technology Contracts and edited by Shashwat Kaushik. This article aims to shed some light on the significance of Article 21 of the Indian Constitution as a fundamental right and its implications for individual wellbeing and societal progress.
This article has been published by Sneha Mahawar.
Table of Contents
Introduction
Sleep is one of the greatest gifts given to mankind by the Creator. The human body in general needs rest, and sleep provides that peace and strength as it releases stress and weakness and helps in the self-repair mechanism of the body. Sleep always brings tranquilly; adequate sleep at night promotes physical health and emotional well being and, overall, gives quality of life. Sleep, being a basic necessity for human survival, is part and parcel of life. Lack of sleep leads to a lack of concentration and thus reduces the efficiency of the individual.
Sleep, being a fundamental need, shall be protected for the well being of society, as disruption in sleep is actually disruption in the economy of the country. There will be no growth and development if the rights of the citizens go unnoticed. Great achievements are achieved only with a healthy life. The Supreme Court had broadened the ambit of Article 21’s ‘right to life and personal liberty’ by incorporating the right to sound sleep as a fundamental right.
Research on sleep deprivation
A study was published in the American Chemical Society’s Journal of Proteome Research, which noted that sleep deprivation results in the decline of the protective protein level of the brain, leading to neuronal death. Lack of sleep not only affects the mood of the individual but also has serious impacts on brain health and increases the risk of digestive disorders and neuropsychiatric disturbances.
In India, in recent years, the right to sleep has gained significant attention, particularly with the landmark case of the Re-Ramlila Maidan Incident Dt. … vs. Home Secretary and Ors. (2012), when the government imposed Section 144 of the Code of Criminal Procedure, 1973 to disperse the sleeping protesters at Ramlila Maidan during midnight, which further led to chaos. Thus, the Supreme Court has taken this case suo moto because disturbing the sleeping crowd was a violation of a fundamental right. This case has highlighted the importance of sleep and constructed a path, as the Indian Constitution has recognised the right to sleep as a fundamental right.
The right to sleep is incorporated in Part III of the Indian Constitution, which confirms and protects this fundamental right. Fundamental rights, being the basic structure of the Constitution, cannot be amended; any disturbance in fundamental rights will result in violating the basic structure of the Constitution. In India, fundamental rights are available to both citizens and even foreigners.
Background of Right to Sleep as a fundamental right
The essence of the right to sleep can be understood from Article 21. It has a very wide scope; no person shall be deprived of his life or personal liberty except according to procedures established by law.
Article 21 is the only article in the Constitution that has been interpreted a number of times in the course of time since the Constitution was framed. There are three ingredients in Article 21, i.e., life, personal liberty and procedures established by law.
The concept procedure established by law was borrowed from the American Constitution, i.e., no person shall be deprived of life and personal liberty except due process of law. But in India, we use the phrase procedure established by law on the recommendation of Alladi Krishna Swamy Ayyer, which focuses only on procedural law and arbitrary executive action.
Important case laws
Till 1978, we got protection only by arbitrary executive action; then, the Maneka Gandhi vs. Union of India (1978) case elaborated on the scope of Article 21, and a wider definition of personal liberty was then considered. Thus, the Supreme Court states that any procedural law that curtails personal liberty must pass the test of reasonability; the procedure must be fair, just and reasonable. The broad perspective of procedure established by law has incorporated many new elements under Article 21 to date, such as the right to privacy, health, education, etc., and now the right to sleep.
Article 21 cannot be suspended even during an emergency; the 44th Amendment Act of 1978 declared that no person shall be deprived of his right to life and personal liberty.
Scope of Right to Sleep
The Indian Constitution right to sleep is encompassed as a fundamental right under Article 21 right to life and personal liberty; it provides that every citizen has a right to have a decent environment, the right to live peacefully, the right to sleep at night and the right to have leisure. Nobody can infringe on others’ right to sleep in a peaceful atmosphere at night.
Although the right to sleep has been confined as a fundamental right, it is not an absolute right; it has certain restrictions. As such, Article 19, which contains different freedoms for citizens of India like freedom of speech and expression, etc., are not absolute rights; they are bound to some reasonable restrictions.
The right to sleep is an implied right; it has some restrictions like place of sleep, time of sleep, and manner of sleep. Nobody can do any unreasonable acts, like sleeping during day, sleeping naked, sleeping in public places, etc.
However, in most of the legal systems of the world, the right to sleep is not recognised as a fundamental right; instead, it is often protected indirectly through the legal framework of human rights and labour law, like the right to life, health and wellbeing. It is safeguarded as a right to health and dignity. India is the first country to even have a glance at this sensitive topic because sleep plays a vital role in the overall quality of life.
Landmark cases that led to the introduction of Right to Sleep as a fundamental right
Sayeed Maqsood Ali vs. State of Madhya Pradesh and Ors. (2001)
In this case, to some extent, the right to sleep was interpreted indirectly.
Facts of the case
Sayeed Maqsood Ali, a cardiac patient whose house was situated by the side of Sindhi Dharamshala near Dr. Batalia Eye Hospital, Ghantaghar, Jabalpur. In Dharamshala, many religious functions were held and it was also given on rent for marriages and other functions. In which loudspeakers were used to play loud music, creating disturbance to the petitioner. Various complaints were made to the police authority, as the police have the authority to take appropriate action against persons who are responsible for noise pollution but no action has been taken under Section 30 of the Police Act, 1861. So the case was filed in the Honourable High Court of Madhya Pradesh.
Issues involved in the case
The petitioner filed a complaint under Articles 226 and 227 of the Indian Constitution against respondent no. 7 for the use of loudspeakers and other public address systems that caused disturbance and affected public tranquilly under the provisions of the Noise Pollution (Regulation and Control) Rules, 2000, because that was infringing the rights of the individual by creating noise, which is impermissible in law and citizens have a right to be protected against excessive sound under Article 19(1)(a) of the Constitution.
Judgement of the Court
In 2017, the High Court held that “every citizen is entitled under Article 21 of the Constitution to live in a decent environment and has the right to sleep peacefully at night”.
Re-Ramlila Maidan Incident Dt … vs. Home Secretary And Ors. (2012)
Facts of the case
The Ramlila maidan was given on rent for a yoga training camp from June 1 to June 20, 2011, but from June 4th, Baba Ramdev started his hunger strike with the motto to support the “Anti-Corruption Bill.” Many people from different parts of India came to attend the yoga camp and unexpectedly joined the strike. There were thousands of people on strike, totally unaware of the things going on.
Issues involved in the case
When Baba Ramdev refused to negotiate with the government, the police late at night, around 12.30 am, came into action by resorting to tear gas shells and using lathis indiscriminately to disperse the sleeping protesters. The police clamped prohibitory orders under Section 144 CrPC, which authorises the executive magistrate of any state or territory to misuse an order to prohibit the assembly of four or more people in an area. This led to several injuries and even the death of one person. The Delhi Police action on the sleeping crowd amounted to a breach of their rights.
A two bench, Justice Chauhan and Justice Swatanter Kumar, decided to take up the case on a suo moto cognizance basis, based on the brutal action of the police against the sleeping crowd.
Judgement of the Court
The judgement identified the violation of Article 19(a), freedom of speech and expression and Article 19(b), the right to assemble peacefully without arms. Justice Chauhan said, “sleep is basic necessity of life, not a luxury.” If the sleep gets disturbed during odd hours, the mind gets disoriented, and it disrupts the health cycle through energy imbalance and indigestion and also affects cardiovascular health, resulting in adverse metabolic effects. The brutal use of force was wholly unjustified under Articles 19 and 21.
“To arouse a person suddenly brings about a feeling of shock and numbness; a person who is in sleep is half dead; the pressure of sudden awakening results in an almost void of sensation. Such an action therefore affects the basic life of individual.” Justice Chauhan
Quoting a US Court judgement, Justice Chauhan said every citizen has the right to leisure, to sleep, not to hear and to remain silent. Knocking doors, whether by day or night, without the authority of law amounts to a police incursion into privacy and a violation of fundamental rights.
Many countries have clamped a complete night curfew, banned on landing and taken off flights late at night. For the reason that sound sleep is associated with sound health, which is an inseparable facet of Article 21 (right to life), it is an unavoidable right of the Indian Constitution.
“It is evident that the right to privacy and the right to sleep have always been treated as fundamental rights, like the right to breathe, to eat, to drink, to blink, etc”. Justice Chauhan.
Conclusion
The supremacy of the legal system in dynamic India is continuously evolving according to the changing needs to protect and safeguard the rights of their citizens by inserting new provisions for the well -being of the nation and its people. The dimension of Article 21 is continuously moving towards new frontiers. Acknowledging sleep as a fundamental right , the Indian Constitution once again demonstrated the vision of the constitution makers and proved that the constitution is essential for ensuring the dignity of humankind.
References
- https://static.mygov.in/indiancc/2021/08/mygov-9999999991694106170.pdf
- https://privacylibrary.ccgnlud.org/case/in-re-ramlila-maidan-incident
- https://indiankanoon.org/doc/1142233/
- Indian Polity by Laxmikant 3rd edition
- https://www.earth.com/news/sleep-deprivation-impairs-the-brain-potentially-causing-neurol ogical-disorders/
- https://www.daslegal.co.in/subtle-differences-between-article-226-and-article-227-of-the-constitution-of-india
- https://www.legalservicesindia.com/article/1663/Right-to-Sleep-and-it.html
- https://cpcbenvis.nic.in/noisepollution/noise_rules_2000.pdf
- https://indiankanoon.org/doc/1218090/
- https://indiankanoon.org/doc/1218090/
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