Right to sleep is a fundamental right rules SC

Right to sleep is a fundamental right rules SC

By: || Updated: 25 Feb 2012 05:34 AM


New Delhi: The
Supreme Court took strong objection to the Delhi Police's mid-night
crackdown on yoga guru Ramdev's supporters saying unlawfully depriving a
person from sleep is a violation of his fundamental rights.

"Deprivation
of sleep has tumultuous adverse effects. It causes a stir and disturbs the
quiet and peace of an individual's physical state. A natural process which
is inherent in a human being, if disturbed, obviously affects basic life.

"It
is for this reason that if a person is deprived of sleep, the effect
thereof, is treated to be torturous. To take away the right of natural
rest is also, therefore, violation of human rights. It becomes a violation
of a fundamental right when it is disturbed intentionally, unlawfully and
for no justification," Justice BS Chauhan said in his judgement.

Justice
Chauhan wrote a separate judgement concurring with the findings of Justice
Swatanter Kumar who had taken suo motu cognizance of media reports of the
mid-night crackdown on Ramdev and his supporters on June 4-5 last year.
Justice Chauhan said the action of the police against the sleeping people
could not be justified as "a sleeping crowd cannot be included within the
bracket of an unlawful category unless there is sufficient material to
brand it as such".

He said "the part played by the police and the
administration shows the outrageous behaviour which cannot be justified by
law in any civilized society". Justice Chauhan said a sleeping person is
"half dead" with his mental faculties are in an inactive state.










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