• UGI USER
  • Apr 16, 2024
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HC CRITICISES ED FOR QUESTIONING SENIOR CITIZEN POST-MIDNIGHT, CITING FUNDAMENTAL RIGHT TO SLEEP.

Why in the news?

Bombay HC criticises ED for recording senior citizen’s statement overnight, citing violation of “right to sleep”; emphasises fundamental rights.

source:slideserve

About HC Criticism of ED’s Conduct:

  • The Bombay High Court rebuked the Enforcement Directorate (ED) for recording a senior citizen’s statement overnight, depriving him of the “right to sleep” guaranteed by Article 21 of the Constitution.
  • The court emphasised that sleep is a basic human requirement and depriving someone of it violates their human rights, potentially impairing their health and cognitive skills.
  • It directed the ED to refrain from recording statements during nighttime, when cognitive skills may be impaired, and issued instructions on the timing of statement recording.
Understanding Article 21 of the Constitution.:

  • Guarantees fundamental right to life and personal liberty under the Constitution of India.
  • Acts as a safeguard against arbitrary actions by the state or individuals.

Protection of Life and Personal Liberty:

  • Asserts that no person shall be deprived of life or personal liberty except according to established legal procedures.
  • Ensures sanctity of individual existence and freedom from unlawful detention.

Applicability to All:

  • Right available to both citizens and non-citizens within India’s jurisdiction.

Source:

https://m.economictimes.com/news/india/right-to-sleep-a-basic-human-requirement-says-hc-on-ed-questioning-senior-citizen-post-midnight/articleshow/109320392.cms#:~:text=The%20right%20to%20sleep%20is,in%20a%20money%20laundering%20case.