| |
There is a constant contradiction between, the guarantee of Right to Life and the understanding of what a functional life really is within legislations, judgements, and overall policy-making. In order to understand human rights the law maker has to understand human life, whether this is the human life of a group of individuals such as ‘beggars’, or sole individuals such as child victims. This book will focus on such clashes and contradictions within the issues of Capital Punishment, Child Rights, Women’s Rights and the right to Mental Health. The rights of poor and the labelling of the same in the justice system is another crucial area dealt with. In Excel Wear v. Union of India, one of the judges underlined that the word “life” in article 21 of the Indian Constitution does not mean mere animal existence. Furthermore, the right visualised by this article is to live a dignified life. In the context of the State Responsibility, it is important to understand the right pronounced in article 21, must be understood as a one of the duties of the Welfare State.
This book is an effort to analyse how the notion of dignified life actually is under- stood in its limited form by the law and legislator in India. Dignified life must include, which have been viewed as narrow features or insignificant areas of life, aspects as for instance the right to be informed about sexual conduct and sexual misconduct, the right to receive mental health support the moment a traumatic incidence occurs, the right to be equal before the court of law no matter if you are a woman, man or a child, and the right to have your special needs taken into consideration. Right to life must include the understanding for all kind of social contexts prevailing in India. The understanding for the Right to Life must include a strong social awareness as to why situations occur and how they occur. If such aspects continue to be denied by the law and the legislator, the right to life may not go beyond animal existence. The main case-study is India, but the issues are global.
ISBN - 9788186860512
|
| |
Pages : 216
|