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Right to sleep can't be violated: Bombay High Court to Enforcement Directorate

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Right to sleep can't be violated: Bombay High Court to Enforcement Directorate

  • The Bombay High Court said that the right to sleep is a "basic human requirement" and not providing it violates a person's human rights.

Key highlights

  • The court directed the Enforcement Directorate (ED) to issue directions for maintaining "earthly timings" for recording statements
    • When summons under the Prevention of Money Laundering Act (PMLA) are issued by the agency.
  • A court threw out a businessman's complaint about an arrest, but faulted authorities for questioning him all night.
  • This violated his right to sleep, which is considered part of the right to live with dignity under the Indian constitution.
  • While there are limits to where, when, and how you can sleep (like not sleeping naked in public!), no one can unreasonably prevent you from getting a good night's rest.

Landmark judgment of supreme court

  • Sayeed Maqsood Ali vs. State of Madhya Pradesh (2001): The Madhya Pradesh HC ruled that every citizen is entitled under Article 21 of the Constitution to live in a decent environment and has the right to sleep peacefully at night.
  • Re-Ramlila Maidan Incident vs. Home Secretary (2012): The SC ruled that sound sleep is associated with sound health, which is an inseparable facet of Article 21. It is an unavoidable right of the Indian Constitution.

Prelims takeaway

  • ED
  • Article 21

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