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RIGHT TO SLEEP: FUNDAMENTAL RIGHT


INTRODUCTION

“The right to measure with human dignity encompasses within its manifold, a number of the finer facets of human civilization which makes life worth living. The expanded connotation of life would mean the tradition and cultural heritage of the person concerned.” CERC v. Union of India. As we all know that sleeping is one of the essential ingredients of a healthy human existence. Sleep plays an important role in a human physical health. It involves in healing and maintenance of a human body. If a human doesn’t take a proper sleep it may lead to many physical and mental disease. therefore, sleep is a basic and fundamental need for our life. World health organization (WHO) also said that Poor sleep and sleep disorders tamper with heart health, increasing our risk of heart attack and also, according to researchers “If you lose one night of sleep, your mental performance is such as you are legally drunk. Many of the studies had also said that if a person doesn’t get good sleep he gets easily frustrated and irritable. Sleep may be a biological necessity and has been said to possess therapeutic and soothing capabilities. Moreover, it's a neighborhood of nature’s cycle of life and rejuvenation. Thus, sleep is often called a fundamental right of each person. Not having a proper sleep cycle can have several drawbacks and also cause disorders not only pertaining to cardiovascular or digestive system but rather the entire human body. Right to sleep is a broad concept and this right has so many aspects. Right to have proper rest is one of the essential elements of right to sleep. The basic objective of sleep is rest. Every machine needs some rest to work again. Human is made of bone, flesh, blood, nerve and expected to work like machines for nonstop up to 18 hours. Working day and night nonstop, leaving all ambitions, family, personal space like a saint for sake of the job usually considered as virtue and those are promoted, awarded.


LEGAL DECISIONS AND PROVISIONS

Under Article 19(1)(a), read with Article 21 of the Constitution of India , the citizens have a right of an honest environment and that they have a right to measure peacefully, right to sleep within the dark and to possess a right to leisure which is all necessary ingredients of the proper to life guaranteed under Article 21 of the Constitution. People of India have a right to sleep and leisure. Fundamental rights are given to all citizens of the country as it is the basic human rights of a person. These rights are defined in part III of Indian constitution. The Fundamental Rights had their origins within the Indian independence movement, which helps to realize the values of liberty and welfare because the goals of an independent Indian state. The concept of fundamental rights in India was borrowed from US constitution. According to Article 21 nobody shall be deprived of his life and private liberty except a procedure established by law. This right is the most fundamental of all rights. The meaning and purpose of this article is interpreted according to the need of society. According to article 21 Right to life has been a very broad meaning. Right to life has been various aspects such as Right to privacy, right to shelter, right to health and also Right to sleep.


JUDICIAL PRONOUNCEMENT

As we already concluded that Right to sleep is a fundamental and basic need for our life that’s why supreme court of India consider it by giving a reason that it comes under the right to life, as to be able to live people need access to peaceful sleep -Ramlila Maidan Incident vs Home Secretary 2 and OR’s on 23 February, 2012 In India every citizen has rights under Article 21 of the constitution to live in a decent environment where one can breathe, sleep and follow his normal routine of life for healthy growth. In this case the Supreme Court first time discussed the issue of right to sleep as a fundamental right. It was held that if a person is deprived of sleep, the effect thereof is treated to be torturous. The Court terming it as a basic human right. The court reasoned that sleep comes under the right to life because to be able to live people need there should be access to peaceful sleep. According the Supreme Court judges, “sleep is important for a person's being to take care of the balance of health necessary for its very existence and survival.


The supreme court ruled that the action of police against the sleeping crowed amounted violates their basic right. Supreme court said that an individual is entitled to sleep as freely as he breathes. Therefore, sleeping is a basic and fundamental requirement of an individual. In this case Baba Ramdev had held a rally against corruption and black money at Ramlila Maidan and on 6th June they went on a strike. After midnight of this day more than thousand policeman surrounded there and assault them physically and just break their tents. The effect of bad night sleep relied upon by Hon’ble Calcutta supreme court (as now being referred to as Kolkata High Court) in Burra bazar Fire Works Dealers Association & OR’s. V. The Commissioner of Police & OR’s as highlighted by an eminent scientist in this field in her article in British Medical Journal, in which it was stated that noise can have positive effects on health. The effect of bad night sleep includes mood change, reduce cardiovascular performance and poor performance at intellectual and mechanical tasks and it had been further observed, a recent review of research into noise and sleep recommends that sound in the dark in sleeping quarters shouldn't exceed 45 dB(A). Interference with rest or sleep and the factor related to it includes lack of concentration, irritability reduced efficiency and is one of the foremost obvious and annoying effects of noise. Sleep may be a physiological necessity and thus, health could also be adversely suffering from insufficient sleep. not a soul shall be empty of his life and personal liberty except in step with a procedure established by law.


The proper to live is doubtless the foremost elementary of all rights and contains a broad meaning connected to that, rather, one in all the foremost fascinating developments of the Indian Constitution is an extension of the dimensions to Article twenty-one of Indian constitution. Right to Life covers at a lower place it varies various aspects like right to sustenance, right to shelter, right to privacy, right to call, right to health and together until some years back right to sleep Lack of sleep creates a lack of concentration, irritability and reduced potency. It cannot be lost sight of that silence invigorates the mind, energizes the body and quietens the soul. That apart, solitude is chosen as a companion by a subject. nobody incorporates a right to affect the rights of others to possess correct sleep, peaceful living atmosphere and undisturbed thought.


Justice Dipak Mishra said-“Life is a glorious gift from God. It is the perfection of nature, a masterpiece of creation. It is majestic and sublime. Human being is the epitome of the infinite prowess of the divine designer. Great achievements and accomplishments in life are possible if one is permitted to lead an acceptably healthy life. It has been said “life is action, the use of one’s powers” and powers one can use if he has real faith in life. The term ‘life’ as employed under Article 21 of the Constitution of India does never mean a basic animal existence but conveys living of life with utmost nobleness and human dignity – dignity which is an ideal worth fighting for and worth dying for.

Life takes within its fold ‘some of the finer graces of human civilization which makes life worth living. Right to live in its ambit includes right to health and health gives a serene and halcyon signification to life. It has been said that preservation of health is a duty and as per Herbert Spencer, ‘few seems conscious that there is such a thing as physical morality. 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. Not for nothing it has been said sleep is the best cure for waking troubles and the sleep of a labouring man is sweet. Sleep brings serenity. Lack of sleep creates lack of concentration, irritability and reduced efficiency. It cannot be lost sight of that silence invigorates the mind, energises the body and quitens the soul. That apart, the solitude can be chosen as a companion by a citizen. No one has a right to affect the rights of others to have proper sleep, peaceful living atmosphere and undisturbed thought.

CONCLUSION

“None can claim an absolute right to suspend other rights or it can disturb other basic human rights and fundamental rights to sleep and leisure’’

Sleeping is a biological need for a human being. If a person doesn’t take proper sleep he can cause with many physical and mental disease. So, it’s a clear fact that if a person doesn’t take a proper sleep it directly impacts on his life. Therefor it’s very important that every citizen of our country should have a right to sleep properly. To secure that right it’s very important that it should be our fundamental right. In the case of Ramlila Maidan Incident vs Home Secretary and OR’s Supreme court announce that Right to sleep as a fundamental right and I support this judgment of Supreme court because it’s very basic need of every citizen that he should have a right of sleep properly like other fundamental rights. Right to sleep is nowhere mentioned in the constitution of India the taste sensor system, that is, ET, represents a useful tool to evaluate the feasibility to suppress the drug bitterness by TMAs during the development of fast-dissolving films. This system can allow discriminating the effect of the TMA also in presence of the opposite hydro-soluble constituents of the film, namely polymers and surfactants.

As the ET presents the advantages of simplicity and rapidity, this technique could assist or even replace the sensory evaluation in the development of new pharmaceutical formulations providing Informa-tin about the taste without the need of humans to taste active compounds. The dimensions to article 21 continue to march towards new frontiers, and continues to be explored by the Indian judiciary. The concept of “Life” guaranteed under our constitution remains inexhaustible and a proof of this fact is the various dimensions which have been held to be a part of this fundamental right by judicial pronouncements. As are often observed from the varied precedents and authorities cited above, right to sleep like many other aspects of right, though not explicitly mentioned in Article 21, is an important part of the fundamental right to life. The Suo moto action taken by the Apex court within the Ramlila Maiden case is additionally a laudable step within the direction of review. To summaries, it can be said that the Hon’ble Supreme Court has shown ingenuity of high substance while interpreting all fundamental rights in particular Article 21. However, one among the drawbacks of Article 21 are often its broadness although paradoxically it also works as a plus. Thus, Article 21 in its very essence of getting broad ingredients should be left for further judicial interpretation.

REFERENCES

  1. https://indiankanoon.org/doc/17021567/

  2. (1995) 3 SCC 42.

  3. https://www.indiatoday.in › education-today

  4. Ramlila Maidan Incident v. Home Secretary, Union of India, (2012) 5 SCC 1

  5. Moulana Mufti Syed Md.Noorur Rehman Barkati and others Vs. State of West Bengal, AIR 1999 Calcutta 15

  6. AIR 1950 SC 27

-Nikita parihar

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