 "Explained: Is sleep a fundamental right in India?")
Sleep is important for any human being to function properly. But is it a fundamental right? The question arose after the Bombay High Court recently observed that the right to sleep is a “basic human requirement” that must be respected.
This came as the court was hearing a petition by 64-year-old Ram Issrani who challenged his arrest by the Enforcement Directorate (ED) in an alleged money laundering case.
Let’s take a closer look.
What did the Bombay HC say?
The Bombay High Court objected to the ED questioning Issrani until 3.30 am last August, reported Times of India (TOI).
In his petition, Issrani alleged his personal liberty was encroached upon when he was detained at 10:30 am in Delhi on 7 August 2023, his mobile phone was seized and he was surrounded by ED officials who even went after him to the washroom, according to India Today.
He was questioned by the ED until over 3 am following his arrival in Mumbai and arrested the next day.
Issrani’s advocate Vijay Aggarwal said that his client was interrogated throughout the night, violating his “right to sleep”, which is a part of the right to life enshrined under Article 21 of the Constitution, as per the India Today report.
He also said that Issrani had medical issues, adding that there was no hurry for the ED to record his statement after midnight. Advocates appearing for the central probe agency claimed that Issrani did not object to the questioning past midnight and hence it went ahead with the same, the report added.
Impact Shorts
More ShortsWhile the division bench of Justices Revati Mohite-Dere and Manjusha Deshpande dismissed the challenge that Issrani’s arrest was illegal, it denounced the questioning of the petitioner during late hours, TOI reported.
“Recording of statements at unearthly hours, definitely results in deprivation of a person’s sleep, a basic human right of an individual. We disapprove this practice,” the bench said, as per India Today.
The court then went on to point out the harmful effects of sleep deprivation on a person’s health, mental faculties, and cognitive skills.
“The said person, so summoned, cannot be deprived of his basic human right, that is right to sleep, by the agency, beyond a reasonable time. Statements must necessarily be recorded during earthly hours and not in the night when the person’s cognitive skills may be impaired,” the Bombay High Court observed.
The bench also directed the ED to issue a circular identifying the appropriate timings for recording statements when summons are issued, reported TOI.
Is sleep a fundamental right?
Yes, it is. It was deemed so by the Supreme Court 12 years back.
The apex court ruled sleep is a fundamental right in February 2012. It extended the scope of the right to life under Article 21 of the Constitution to include a person’s right to sleep peacefully.
Article 21 states: “No person shall be deprived of his life or personal liberty except in accordance with the procedure established by law.”
The right to life entails the right to live with dignity, the right to livelihood and a healthy environment.
The personal liberty of individuals includes the freedom to move freely, choose one’s dwelling, and engage in any lawful occupation or profession.
As per TOI, the Supreme Court said that the police action on a sleeping crowd at Baba Ramdev’s rally at Ramlila Maidan violated their fundamental right to privacy.
“ Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril,” the top court said, calling it a basic human right.
The court noted that sleep was a necessity for humans and not a luxury. “If this sleep is disturbed, the mind gets disoriented and it disrupts the health cycle. If this disruption is brought about in odd hours preventing an individual from getting normal sleep, it also causes energy misbalance, indigestion and also affects cardiovascular health,” it said, as per TOI.
“Right of privacy and the right to sleep have always been treated to be a fundamental right like a right to breathe, to eat, to drink, to blink etc,” the court said.
In 2001, the European Court of Human Rights ruled that it was the residents’ right to have a good night’s sleep. It was hearing a case by a United Kingdom anti-noise group against overnight flights at Heathrow Airport in west London.
Why sleep is important
Sleep , which helps our body and brain to rest, is necessary for our health and well-being. As per Medical News Today, enough sleep could help stave off several health issues, including heart disease and depression.
People who do not get enough sleep are more at risk of coronary heart disease, high blood pressure, obesity and stroke. “Studies have found that sleep deprivation can impact the gut microbes after just two days of getting less sleep than we need,” Sandy Soni, gut specialist dietitian at the Gut Health Clinic in London, was quoted as saying by Sleep.com.
“Sleep deprivation can also increase inflammation and stress hormones in the body.”
While the number of hours of sleep can vary from person to person, experts recommend dozing off for seven to nine hours a night for adults.
With inputs from agencies
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