RIGHT TO SLEEP

Sleep is a necessary component of a healthy human existence and well-being. A person’s right to live in a healthy environment is violated when he is denied sleep.

This right, like all others, is subject to reasonable limitations imposed by law. Noise or other disturbances can impinge on it. Noise is recognized as a pollutant under many laws, including the Noise Pollution (Regulation and Control) Rules, 2000, and other environmental protection laws. However, this does not imply that it is absolute.

Sleep is an unavoidable biological requirement. It is not negotiable in any way. Any amount of drowsiness will affect your performance and mood.

Our bodies are at their busiest during sleep: when our waking minds are on autopilot, some of our bodies most sophisticated machinery go into high gear to repair and maintain practically every part of our physiology and psychology.

Right to Sleep: A Constitutional Right

Citizens have a right to a decent environment and a right to live quietly, to sleep at night, and to have a right to leisure under Article 19(1) (a) of the Indian Constitution, which are all necessary components of the right to life provided under Article 21 of the Constitution. India’s citizens have the right to sleep and recreation. Sleep disruption or disturbance causes mental stress, reduced working efficiency, and other issues.

In the landmark case of Ramlila Maidan Incident v. Home Secretary, Union of India, the Supreme Court for the first time examined the right to sleep as a basic right. The Supreme Court stated that when a person is deprived of sleep, the result is considered torturous.

The Hon’ble High Court of Madhya Pradesh held in Sayeed Maqsood Ali V/s State of Madhya Pradesh that:

“Every citizen has the right to live in a suitable environment and to sleep comfortably at night, as guaranteed by Article 21 of the Constitution.” It is not for nothing that it is stated that sleep is the best treatment for waking concerns, and that a labouring man’s slumber is lovely. Sleep is a source of tranquilly. Sleep deprivation leads to a loss of focus, irritability, and efficiency. It is impossible to overlook the fact that stillness energises the mind, energises the body, and calms the soul. Apart from that, a citizen can choose solitude as a companion.

  • Laboratory investigations of electroencephalographic (EEG) responses and alterations in neurovegetative reactions during sleep demonstrate that when ambient noise levels approach roughly 35 dB (A) Leq, sleep disruption becomes more noticeable. Noise triggers a variety of responses along the hypothalamohypophyseal-adrenal axis, including an increase in adrenocorticotropic hormone (ACTH), which affects the sympathetic nervous system.

INFERENCE

The Indian judiciary continues to examine the dimensions of Article 21 as it moves closer to new frontiers. The multiple characteristics that have been declared to be a part of this fundamental right by court pronouncements demonstrate that the idea of “Life” guaranteed by our constitution remains inexhaustible.

The right to sleep, like many other aspects of the fundamental right to life, is an integral part of the fundamental right to life, as evidenced by the different precedents and authorities noted above. The Supreme Court’s Suo moto move in the Ramlila Maiden case is likewise a commendable step forward in the direction of judicial review.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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