Rajasthan High Court Upholds Constitutional Right to Live with Dignity
The Rajasthan High Court has issued a significant order emphasizing the fundamental right to life and personal liberty under Article 21 of the Constitution of India. In a recent hearing, the court directed senior police officials in Jodhpur to consider providing adequate security to a man who alleged threats to his life from multiple individuals.
Court's Directive on Protection and Security
Justice Farjand Ali, while hearing a criminal writ petition filed by Babu Lal, a 50-year-old resident of Bilara in Jodhpur district, observed that the petitioner has every right to seek protection for his life and liberty. The court ordered the concerned authorities to assess the threat perception and provide adequate security to ensure his safety.
The court stated, "Article 21 of the Constitution of India provides for right to life, limb and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same. Being the citizens of independent India, the petitioner has a right to reside with honour and dignity." This order was passed on January 23, highlighting the judiciary's commitment to safeguarding constitutional rights.
Background of the Case and Legal Arguments
Babu Lal approached the high court alleging that he faced grave and imminent threats to his life and liberty from at least 14 people. Advocate Aditi Vyas, representing the petitioner, argued that despite the seriousness of the threats, effective police protection had not been extended, leaving him vulnerable. She contended that the right to life under Article 21 is not limited to mere physical existence but includes the right to live free from fear, intimidation, and coercion.
Additional Government Advocate Surendra Bishnoi informed the court that threat perception and security assessment fall within the domain of the police authorities, to be examined based on the material placed before them. The court, however, emphasized its concern solely with the protection of life, limb, and liberty as guaranteed under Article 21, without delving into the details of the matter, which is subject to investigation.
Court's Final Order and Implications
The petition was disposed of with specific directions:
- The petitioner is to appear before the superintendent of police/commissioner of police in Jodhpur with a representation of his grievance.
- The police official shall hear the grievance and, after analyzing the threat perceptions, pass necessary orders to provide adequate security and protection if necessitated.
- The court clarified that any observations in this order shall not affect any criminal or civil proceedings initiated against the petitioner.
This ruling reinforces the state's constitutional obligation to protect its citizens' right to life and dignity, setting a precedent for similar cases where individuals seek protection against threats. The Rajasthan High Court's decision underscores the judiciary's role in upholding fundamental rights and ensuring that authorities take proactive steps to safeguard citizens' safety and honor.
