Thursday, February 23, 2012

SC: “Right to sleep is a Fundamental Right. To disturb sleep is a violation of Human Right.”

it is evident that right of privacy and the right to sleep have always been treated to be a fundamental right like a right to breathe, to eat, to drink, to blink. An individual is entitled to sleep as comfortably and as freely as he breathes. Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril. To disturb sleep, therefore, would amount to torture which is now accepted as a violation of human right. It would be similar to a third degree method which at times is sought to be justified as a necessary police action to extract the truth out of an accused involved in heinous and cold- blooded crimes. It is also a device adopted during warfare where prisoners of war and those involved in espionage are subjected to treatments depriving them of normal sleep.

1 comment:

  1. Chief Justice of India (CJI) SH Kapadia on Saturday said the Supreme Court might have overstretched the human rights jurisprudence to include right to sleep in the bouquet of fundamental rights, as enforcing such a right would be very difficult. Can Chief Justice of India overrule a judicial precedence in a public debate, without adjudicating the same issue in judicial review ??? !!!


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