Realization of Human Dignity under the Constitution of India: An Analysis

  • Shatakshi Johri
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  • Shatakshi Johri

    Assistant Professor of Law at the University of Petroleum and Energy Studies, Dehradun, India

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Abstract

Human dignity is an ethereal concept. Its intrinsic meaning has been left to the intuitive understanding. It is claimed that it is an abstract concept, allowing flexibility of implementation. However, the precise concept of human dignity is not clearly defined in international and national legal documents. This has facilitated an overlapping consensus on these rights. However, it is expected that the fate of human dignity in the modern world is enlightened by the process of social learning. It is inherent in current socio-legal issues like clinical trial, internet vigilance, surrogacy, abortion, euthanasia, UID card scheme, LGBT rights and maintenance to name a few. However, these issues are universal and the underlying issue pertains to dignity of an individual. The Constitutions of various countries like India, Canada, Israel and Germany and exhibit a cross-cultural vision of demands and possibilities of moral nature, a vision that has universal validity. The application of this concept gets restricted to facts of each case, despite a common thread of ideas running across the legal documents and Constitutional regime. The theme of this research project is to find out answers for a clearer version of human dignity in the light of judicial interpretation in the abovementioned jurisdictions.

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Research Paper

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International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 54 - 92

DOI: https://doij.org/10.10000/IJLMH.114044

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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