August 25, 2021

Right to Sleep: Fundamental right of every Citizen

Author: Arbia Syed

Teerthanker Mahaveer University

BBA LLB (Hons)

The right to live with human dignity in India is a fundamental right of every citizen living within its territory, Some of the great phases of human civilization which makes the life worth living.” CERC v. Union of India.

INTRODUCTION:

The Constitution of India is the Fundamental and Supreme lawmaker of India and fundamental rights form an indispensable part of our constitution.

RIGHT TO SLEEP WITHIN THE AMBIT OF ARTICLE 21:

Right to sleep has been recognised as a fundamental right under Article 21. Article 21 is about ‘Right to Life and Personal Liberty’ in the landmark case of “Ramlila Maidan v Home Secretary, Union of India”.

Thus, article 21 holds two rights:

1) Right to life, and.

2) Right to personal liberty.

JUDICIAL PROCLAMATION- Landmark Case.

In the judgement of Sayed Maqsood Ali V/s State of MP, the Honorable High Court of Madhya Pradesh says that: “Every citizen is sanctioned a right under Article 21 of the Constitution to live in an environment freely and has the right to sleep peacefully at night.

Indeed sleep is the best cure for waking troubles and the sleep of a labouring man is very necessary. Sleep brings calmness. Lack of sleep brings lack of concentration, irritation and reduced efficiency. No one has a right to interrupt the rights of any person to have proper sleep, peaceful living environment that causes a undisturbing thoughts to any citzen. No citizen can be subjected to suffer annoying effects of noise which eventually leads to any illness, ailment and disorder, which includes cardio vascular disturbance, digestive disorders and neuro psychiatric disturbance.”

NEW DELHI:

The Supreme Court discussed the Right to Sleep as a right in the landmark Case of Ramlila Maidan v.Union of India. Supreme court put forward that if any person is deprived of sleep, that effect thereof, is treated to be torturous act.
The Supreme Court has enhance the scope of right to life to bring every citizen right to sleep under it. Every citizen has a right to get soundful sleep because it is a fundamental to right of every citizen, regarding this the Supreme Court slams police action in the Baba Ramdev’s rally while ruling the judgement for interrupting sleeping crowd which is amounted to violation of their crucial right. Authorities has taken a steps to protect the citizens from being distributed while they where asleep like barreded playing loud music late at night.
Right to Sleep and privacy have always be treated as a fundamental right like a right to greet to eat to drink to blink.
In many cases Supreme Court said while slamming Delhi police for using unwarranted force on the sleeping crowd resided on roads as there is a breach in fundamental right to privacy.
Dr. Alexandros N. Vgontzas said that “Loss of one-night sleep, causes retardation mental performance which was like you are legally drunk.” In fact, many studies have found that if we don’t get enough sleep, we started facing circumstances in which they will get easily irritable and frustrated.

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Disclaimer: This article is issued in the general public interest and meant for general information purposes only. Readers are advised not to rely on the contents of the article as conclusive in nature and should research further or consult an expert in this regard.