How our right to sleep is violated

Have you ever been woken up by a ringing bell when you are deep in slumber? Experienced a dry mouth, pounding heartbeat, disorientation and confusion? Felt a kind of inexplicable fear? It happens when people come out of deep slumber all of a sudden.

The police know that. The Midnight Knock was most associated with the secret police working for dictatorial regimes. The dreaded knock would occur way past midnight. The poor disoriented person would then be dragged away to a secret dungeon and nothing was heard of them again. There is something about being woken up from deep sleep that is terribly disturbing. Once woken up, we find it difficult to get back to a restful slumber and often, that impacts the way we function the following day. Sleep is essential for the body to recharge and a person deprived of sleep is prone to stress, illness and carelessness, resulting in accidents and fatalities. Therefore, it is important that we get uninterrupted sleep.

The Right to Sleep, declared the Supreme Court last week, is a Fundamental Right. They were ruling on the midnight crackdown at Ram Lila grounds, when supporters of Baba Ramdev were rudely awakened by police action. Justice B Chauhan said in his judgment: ‘Deprivation of sleep has tumultuous adverse effects. It causes a stir and disturbs the quiet and peace of an individual’s physical state. To take away the right of natural rest is also, therefore, a violation of human rights. It becomes a violation of a fundamental right when it is disturbed intentionally, unlawfully and for no justification.’

The judgment can have a tremendous impact on society the way we know it. Let’s just look at some of those who intentionally and, possibly, unlawfully disturb slumber and therefore our human rights.

At the top of the list would be places of worship. In India, we want the world to know that we pray. And we want the world to share in that prayer. Preferably by blasting the prayer over a loudspeaker. Every morning, across the nation, countless people are woken up by someone or the other praying or playing religious music and blaring it in the neighbourhood, for all to hear, using a loudspeaker. Often this goes on for a number of hours at a stretch, ensuring that people who have been jolted out of sleep cannot go back to it. We may argue that it is the right to religion but surely the right to sleep is equally important.

Another habit that can violate the right to sleep is celebration. We want to share our joys with the whole world — through loud fire crackers and even louder music. Be it a win in cricket or a wedding in the family, be it the birth of a child or great marks in an exam, loud crackers and film music will permeate the neighbourhood.

The instances described above are those of everyday societal thoughtlessness; people in our neighbourhood who intrude and violate our fundamental right to sleep. This can be rectified with a bit of sustained civic or community education.

But, for millions of Indians, the violation of the fundamental right to sleep is not through crackers or loud music. It is even more basic. It is the deprivation of food, shelter and a sense of security. Gnawing hunger prevents sleep. It is estimated that around 273 million people (or a third of the world’s hungry) live in India. The fundamental right to sleep may not be possible unless chronic hunger-related issues are tackled. Having no home and no permanent place to reside can impact the fundamental right to sleep. It can also be argued that slum dwellings or shanty homes are not conducive to maintaining the fundamental right to sleep. And finally, unless people live in security and peace, it may be impossible for them to have restful sleep.

The SC’s judgement and its upholding of the Right to Sleep as a fundamental right is a call for ensuring that the state ensures food, shelter and security for all its Citizens. But, then isn’t that the fundamental role of the State.

Harini Calamur is a media entrepreneur, writer, blogger, teacher, & the main slave to an imperious hound. She blogs at calamur.org/gargi and @calamur on Twitter