Why in the News?

The SC has emphasized the importance of individual dignity within the context of Article 21 in several landmark cases.

Discussions around individual dignity have again gained traction, especially when former SC Justice Kurian Joseph emphasized that the Constitution prioritizes individual dignity, making it a vital topic for contemporary legal discourse.

How effectively does the Constitution safeguard individual dignity?

The Constitution of India is designed to protect individual dignity through a framework that entitles citizens to fundamental rights.

Entrenchment of Individual Rights: The Constitution explicitly guarantees individual rights, aiming to protect the freedom and dignity of all citizens.
- Fundamental Rights under Part III of the Constitution, such as the Right to Equality (Article 14), Right to Freedom (Articles 19-22), and Right to Life and Personal Liberty (Article 21), explicitly safeguard individual dignity.
Checks and Balances: The Constitution establishes institutional checks and balances to prevent the abuse of power.
- In Maneka Gandhi v. Union of India (1978), the Supreme Court broadened the scope of Article 21, holding that any law depriving personal liberty must meet the standards of fairness, justice, and reasonableness.
Political Equality: By affirming political equality among citizens, the Constitution enables individuals to participate actively in the democratic process.
- Article 326 guarantees universal adult suffrage, enabling all citizens to participate equally in democratic processes, affirming their political dignity and sense of inclusion.

Societal attitudes and systemic issues significantly influence the protection of individual dignity under the Constitution:

Community Identity vs. Individual Rights: The emphasis on community identity whether based on caste, religion, or nation can undermine individual dignity. When societal attitudes prioritize group identities over individual rights, it can lead to discrimination and marginalization.
Trust and Cooperation: A lack of trust among citizens can hinder collective efforts to uphold constitutional values. When individuals measure each other against rigid identities, it subverts the freedom that the Constitution aims to protect.
Oligarchic Power: Concentration of wealth and power can distort democratic processes, leading to a situation where certain groups’ interests overshadow individual rights. This systemic issue can erode the effectiveness of constitutional protections for dignity.

The legal framework established by the Constitution has the potential to adapt to evolving understandings of dignity:

Basic Structure Doctrine: The Basic Structure Doctrine, established in Kesavananda Bharati v. State of Kerala (1973), ensures that core principles like dignity remain inviolable while allowing amendments to address evolving needs.
- For example, The 103rd Constitutional Amendment (2019) introduced a 10% reservation for Economically Weaker Sections (EWS) in education and public employment.
Ongoing Democratic Negotiation: The Constitution leaves questions regarding economic structure open for ongoing negotiation, allowing for discussions around justice and inclusion that are vital for protecting dignity in a changing society.
- For example, The introduction of the Transgender Persons (Protection of Rights) Act, 2019 marked a significant step toward affirming the dignity and rights of transgender individuals.
Judicial Interpretation: Courts play a critical role in interpreting constitutional provisions related to dignity.
- For example, Navtej Singh Johar v. Union of India (2018) decriminalized consensual same-sex relationships by reading down Section 377 of the Indian Penal Code.

Way forward:

Promoting Constitutional Values: Enhance public awareness and foster societal attitudes that prioritize individual dignity, equality, and mutual respect over group identities.
Strengthening Institutional Adaptability: Empower judicial and legislative mechanisms to address systemic inequities, interpret evolving notions of dignity, and implement inclusive policies.

Mains PYQ:

Q Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (UPSC IAS/2017)