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december 2018

Supreme Court of India · 2018-12-13

DR.ASHWANI KUMAR vs UNION OF INDIA AND ORS. MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT SECRETARY

Citation / case number
SC 2016/6532
Court
Supreme Court of India
Petitioner
DR.ASHWANI KUMAR
Respondent
UNION OF INDIA AND ORS. MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT SECRETARY
Author
HON'BLE MR. JUSTICE MADAN B. LOKUR

Judgment text excerpt

The Supreme Court emphasized the importance of social justice as enshrined in the Preamble of the Constitution, particularly in relation to the rights of elderly persons. The Court recognized that while Articles 39 and 41 address various social welfare aspects, they do not specifically mention the health and dignity of the elderly. The judgment reinforces that Article 21 guarantees the right to life and personal liberty, which includes the right to dignity and sustenance for elderly individuals, thus establishing a legal principle that the rights of the elderly must be recognized and enforced in contemporary society.

DR.ASHWANI KUMAR vs UNION OF INDIA AND ORS. MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT SECRETARY · Niyam