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Happiness should not be sadistic: CJI Thakur

The CJI dwelled upon history of evolution of fundamental and human rights in the world and said that most civilised countries now recognise them even in the absence of a written Constitution at some places and said the right to life has been interpreted in the "most expansive" manner by the Supreme Court and all rights have been recognised on juristic basis.

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CJI TS Thakur
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Chief Justice of India TS Thakur on Thursday indirectly touched upon the debate on intolerance by saying that every person has right to eat a particular kind of food for "happiness", but that should not be for "sadistic" purpose.

"I want to eat a particular kind of food. If you allow me to eat, it gives me happiness. Anything that makes me happy is the companion of my human rights, but happiness should not be sadistic. It does not incite violence and anything that is harmless and gives happiness should be treated as human rights," the CJI said on the occasion of the Human Rights Day here.

He made the remarks while referring to the expression -- the Right to Equality of Opportunities in Pursuit of Happiness -- used in the US Constitution and said, "it embraces all human rights". "I want to have a right to education. I want to have a right opportunity. I want to profess a religion, a particular faith, if you guarantee the right, I am happy. That gives me the happiness. I want to eat a particular kind of food, if you allow me, it gives me happiness," he said.

The CJI dwelled upon history of evolution of fundamental and human rights in the world and said that most civilised countries now recognise them even in the absence of a written Constitution at some places and said the right to life has been interpreted in the "most expansive" manner by the Supreme Court and all rights have been recognised on juristic basis.

Sharing his views that judiciary has not lagged behind in enforcing the fundamental and human rights, Minister of State for Home Affairs Kiren Rijiju said, "India has robust human rights protection mechanism" and where the Constitution is silent on any matter and legislatures have not framed law, the Supreme Court has played its role by declaring that international covenants, to which India is signatory, would be applicable.

The Minister said that there was a need for reform in criminal justice system to prevent arbitrary arrests and encounter and custodial killings. He stressed that the role of Parliamentarians was crucial to achieve the concept of universal human rights. "Our actions should not violate human rights, we have to very careful...judiciary, executive and legislatures have to converge in tandem. All must come together. We have done a lot, but we desire much for the right to dignity and right for all," Rijiju said. 

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