Gujarat high court has ruled that addiction to a drug or a narcotic
substance can never be claimed as fundamental right because this concept
is divorced to the concept of right to live as per Article 21 of the
Constitution.
A division bench of the high court observed so while turning down petitions filed by poppy capsule addicts, who were opposing absolute ban by Gujarat government since April 1 on poppy capsule and straw. The state government claimed that it was imposing ban as per the Centre's guidelines by stopping earlier arrangement of supplying poppy capsules to addicts under license system.
The addicts moved the HC against this decision claiming fundamental right under Article 21 to consume and have poppy capsules.
Ruing the demand by the addicts that their supplied of poppy capsules should continue as a matter of their right, the HC said, "There cannot be a right to consume a particular substance which is like poppy straw, much less the same can by any stretched be viewed or claimed as fundamental right flowing from Article 21 of the Constitution. The concept of 'life' encapsulated under Article 21 signifies healthy, reach and contentful orderly life."
The high court further said, "Right to health is recognized as part of Article 21. A consumption of intoxicant or narcotic or psychotropic substance is antithetic to the concept of health and therefore stands divorced from the right to life and from any other concomitant rights which may be claimed under the canopy of rights under Article 21. Right of such nature cannot be claimed as fundamental."
The HC has also upheld the state government's contention that poppy capsules do not have any medicinal value at all.
At present, opium is grown in Chittorgarh in Rajasthan, Mandsaur, Ratlam, Neemuch in Madhya Pradesh and Barabanki, Bareilly, Lucknow and Faizabad in Uttar Pradesh. It is estimated that cultivation takes place in 60,000acre land and the governments have issued over 44,000 licenses to people.
Photo used for presentation purpose only
Source: The Times of India
A division bench of the high court observed so while turning down petitions filed by poppy capsule addicts, who were opposing absolute ban by Gujarat government since April 1 on poppy capsule and straw. The state government claimed that it was imposing ban as per the Centre's guidelines by stopping earlier arrangement of supplying poppy capsules to addicts under license system.
The addicts moved the HC against this decision claiming fundamental right under Article 21 to consume and have poppy capsules.
Ruing the demand by the addicts that their supplied of poppy capsules should continue as a matter of their right, the HC said, "There cannot be a right to consume a particular substance which is like poppy straw, much less the same can by any stretched be viewed or claimed as fundamental right flowing from Article 21 of the Constitution. The concept of 'life' encapsulated under Article 21 signifies healthy, reach and contentful orderly life."
The high court further said, "Right to health is recognized as part of Article 21. A consumption of intoxicant or narcotic or psychotropic substance is antithetic to the concept of health and therefore stands divorced from the right to life and from any other concomitant rights which may be claimed under the canopy of rights under Article 21. Right of such nature cannot be claimed as fundamental."
The HC has also upheld the state government's contention that poppy capsules do not have any medicinal value at all.
At present, opium is grown in Chittorgarh in Rajasthan, Mandsaur, Ratlam, Neemuch in Madhya Pradesh and Barabanki, Bareilly, Lucknow and Faizabad in Uttar Pradesh. It is estimated that cultivation takes place in 60,000acre land and the governments have issued over 44,000 licenses to people.
Photo used for presentation purpose only
Source: The Times of India
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