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Failure to facilitate choice of a person violation of fundamental rights: Justice Sikri

Press Trust of India  |  New Delhi 

There is a positive obligation on the state to facilitate autonomy and choice of a person, failing which in certain measure amounts to violation of the fundamental right of the individual concerned, A K Sikri said today.

He made the remarks at the launch of a book, 'Dignity in the legal and political philosophy of Ronald Dworkin' here.

The book has been edited by senior and Salman Khurshid, and

Dworkin was an American philosopher, jurist and scholar of United States Constitutional He passed away in 2013 at the age of 81.

The book launch event was also attended by advocates and Sidharth Luthra, while former Union P Chidambaram was seated among the audience.

"There is a positive obligation now on the state when we talk of the autonomy of a person, choice of a person, which gives him right to grow in the manner in which he wants, then it becomes the duty of the state to facilitate that.

"And therefore, if the state fails in that duty in certain measure, even in that context, it is violating the fundamental right of that person," Justice Sikri said.

He also cited several cases in which rights were conferred upon women, prisoners, disabled persons and transgenders by the apex court with an element of human dignity.

Singhvi said, "He (Dworkin) spent a lifetime elucidating the vital necessity of imparting an unerodeable reassurance by each nation to its minorities. That is the true takeaway from Dworkin's dignity thesis. Dworkin's lessons therefore both within and without are timeless."

The book has as contributors international experts like Allen W. Wood, Alexander Brown, Barbara Baum Levenbook, David Richards, Erin Daly, and Khurshid among others.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, May 15 2018. 01:00 IST
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