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1992 Supreme(Ori) 62

B.L.HANSARIA, K.C.JAGADEB ROY
BIJAYALAXMI TRIPATHY – Appellant
Versus
MANAGING COMMITTEE OF WORKING WOMENs HOSTEL – Respondent


Advocates Appeared:
A.PATNAIK, B.B.MOHANTY, B.K.NAYAK, B.R.SARANGI, D.MOHANTY, J.Patnaik, P.K.MALICK, P.K.MISHRA, P.PALIT, R.K.MOHAPATRA, S.B.Das, S.P.DHAL, S.R.Patnaik

HANSARIA, J.

( 1 ) WORKING women of India. What is the extent of right conferred on them by Article 21 of the Constitution is the main point for our consideration in this case? The expanded meaning being given to the word 'life' as embodied in this Article has required this consideration. Maneka Gandhi's case, AIR 1978 SC 597, paved the way for this journey which is still continuing. The other legal point we shall have to examine is whether they can enforce their right under the aforesaid Article against the opposite parties by approaching a writ Court.

( 2 ) ARTICLE 21 has been described by Bhagwati, J. (as he then was) in Francis Coralie v. The Administrator, Union Territory of Delhi, AIR 1981 SC 746 as "most fundamental of Fundamental Rights". (page 750 ). At page 752, it was stated that the "fundamental right to life. . . . . . . . . . is the most precious human right and. . . . . . . . . . . . forms the arc of all other rights". In this connection, we may also note the following observations made by Pathak, C. J. in para 7 of Kehar Singh v. Union of India, AIR 1989 SC 653 :-"to any civilised society, there can be no attributes more important than the life and personal libert


























































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