Sleeping? We all love. But waking up due to loud noises, we really hate it.
But did you know “Right to sleep” is considered as a fundamental right in India. Every citizen is entitled under Right to Life and Personal Liberty – Article 21 of the constitution to sleep peacefully with no disturbance.
In the Sayeed Maqsood Ali v. State of M.P (AIR 2001 MP 220) case, Justice Dipak Misra emphasised that every citizen is entitled, as per Article 21, to live in a decent environment and enjoy peaceful sleep
A pivotal moment occurred in 2011 during the Ramlila Maiden vs Union of India case (NO. 122 OF 2011). The Supreme Court asserted that depriving an individual of sleep is tantamount to a tortious act.
The case Ramlila Maiden vs Union of India case (NO. 122 OF 2011) involved Suo Moto action against police brutality on individuals sleeping at Ramlila Maidan during a yoga training camp organised by Baba Ramdev. Baba Ramdev started a hunger strike against corruption with over 50000 people. Considering the strike was not called-off, people were sleeping in unity. At midnight around 12am, the police’s lathi charge resulted in casualties, burns, and injuries, leading the court to declare it a violation of the right to peaceful assembly, freedom of speech and expression, and notably, the right to sleep under Article 21.
Despite not explicitly mentioned in the Constitution, the right to sleep is inferred as a part of the Fundamental Right to life. The judicial pronouncements discussed indicate that constitutional protections against the infringement of the right to life can be invoked in cases of deprivation of the right to sleep.
Done By: Reshma A, 5th year B.Com.,LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
