NATURAL RIGHTS- A CUMBRANCE TO INDIAN JURISPRUDENCE
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Abstract
India was a country which was disadvantaged in all aspects when it got independence due to despotic acts of its rulers. The framers of the Constitution were wary of the fact that such tyranny should never happen. To protect the liberties and freedom of the citizens against any powers including the state, the fundamental rights are constituted under Part- III of the constitution.
From the beginning, the subject of natural rights was always in picture when a query involves fundamental rights. Natural rights are the primaeval concept of rights which a human is said to possess from his birth. Such natural rights have been resuscitated now in Justice K.S. Puttaswamy v Union of India. The judgement is important for making the right to privacy as an inalienable right by holding them as natural rights. By its precedence, right to intimacy was also held as a natural right. This will further result in validation and invalidation of many rights based on natural rights. Natural rights come with archaic features which are impractical to our Indian framework.
The research seeks to analyse the correct position of natural rights in Indian jurisprudence. This is done by discussing the constraints inherent in the natural rights and deriving an appropriate replacement for it. This is primarily done by analysing various case laws. The views held are validated comprehensively.
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