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CUSTODIAL DEATHS AND RIGHT TO LIFE AND LIBERTY- JUDICIAL REPLICATION IN INDIA

By Gururaj D. Devarhubli & Patel Bushra Sarfaraj


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Abstract
Draft Article 15 was debated in the Constituent Assembly on 6th and 13 December, 1948. It provided for the right to life and personal liberty, subject to procedure established by law; it also gave all persons, equality before the law. Members were divided on whether the term “procedure established by law” should be replaced with “due processes”. Some argue that “procedure established by law allowed the legislature to pass laws which violated an individual’s civil liberties. If the term “due process” was adopted instead, the judiciary would have the right to these liberties by investigating whether a law was consistent with the other fundamental rights. However, others argued that “due process” allowed the unelected judges, who themselves are not immune from prejudice, to undermine the authority of the legislature by passing judgment of lawfully-enacted legislation. Ultimately, the members chose to retain the phrase “procedure established by law The second part of the Draft Article, relating to equality before the law, was not debated. Later, the Drafting Committee decided to move this part into a standalone Article 14. Draft Article 15 passed without amendments on 13th December 1949. This advantage has been held to be the center the Constitution, the most regular and dynamic game plan in our living constitution, the foundation of our laws. Article 21 must be guaranteed when an individual is denied of his “life” or “personal liberty” by the “State” as characterized in Article 12. Encroachment of the benefit by private individuals is not inside the survey of Article 21. “Life. Liberty and the Pursuit of every person’s understanding of happiness were once considered an unalienable right. Now Americans murder more than one million babies in utero. Where’s their unalienable right?” Article 15 of Draft Constitution, 1948 provides- “No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law within the territory of India.
Keywords
Custodial deaths, right to life, liberty, Article 21, judicial response.

TypeResearch Paper
InformationLex Humanitariae: Journal for a Change, Volume II issue IV, Pages 401-411
ISSN 2582-5216
Creative CommonsThis work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
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