Dignity cannot exist without privacy, autonomy over body and life choices: CJI BR Gavai

Chief Justice of India (CJI) BR Gavai on Wednesday said that human dignity finds its true meaning in an individual’s privacy, autonomy over their body, and freedom to make life choices.

Speaking at the 11th Dr L.M. Singhvi Memorial Lecture on the topic "Human Dignity as the soul of the Constitution - Judicial reflections in the 21st Century", the CJI explained that the Constitution recognises dignity as central to liberty, equality, fraternity, and justice.

“Dignity cannot exist without privacy. Both reside within the inalienable values of life, liberty and freedom which the Constitution has recognised,” he said, quoting the nine-judge bench ruling in KS Puttaswamy v. Union of India - also known as the Aadhaar judgement.

He highlighted that dignity also underpins autonomy in matters of reproductive choice, medical treatment, and end-of-life decisions. Referring to Suchita Srivastava v. Chandigarh Administration (2009) and Common Cause v. Union of India (2018), he said autonomy cannot be separated from dignity.

“A person cannot truly live with dignity if they are denied the ability to make choices regarding their body, actions, or life circumstances,” CJI Gavai underlined.

He noted that Courts have applied dignity to protect prisoners from inhuman treatment, women from workplace discrimination, workers from exploitation and persons with disabilities from exclusion. In each of these, dignity provided the lens for expanding the meaning of fundamental rights, he said.

“Whether in the context of prisoners, workers, women, or persons with disabilities, human dignity informs the understanding of autonomy, equality, and justice, ensuring that the law protects not only physical survival but also the broader conditions necessary for a life of self-respect, freedom, and opportunity,” the CJI stated.

He recounted that judicial recognition of dignity began with cases of prison reforms in the 1970s and 1980s, when the Court held that even undertrial perisoners and convicts could not be stripped of their humanity.

“In the eyes of law, prisoners are persons, not animals,” he recalled from Sunil Batra (II) v. Delhi Administration, underscoring that courts have a duty to hold prison authorities accountable where they defile the dignity of inmates.

He said that over time, courts expanded the principle into areas such as labour rights, gender equality, disability rights and digital access.

CJI Gavai also referred to his own recent judgments, including the order directing rehabilitation of hand-rickshaw pullers in Matheran and the ruling that linked demolition of homes to the right to live with dignity.

The judge noted that the framers of the Constitution placed dignity at the heart of the Preamble, linking it to fraternity, unity and integrity of the nation. He said this commitment was not only to individual worth but also to social cohesion.

“When the dignity of every citizen is recognized and protected, it promotes a sense of belonging, mutual respect, and solidarity, which are essential for maintaining national unity and harmony,” he said.

The lecture was attended by Lok Sabha Speaker Om Birla, Senior Advocate Abhishek Manu Singhvi and advocate Avishkar Singhvi. The event also saw the presence of Attorney General of India R Venkataramani and Solicitor General of India Tushar Mehta along with several former and sitting judges of the Supreme Court and the Delhi High Court.

During his lecture, CJI Gavai also paid tribute to Dr LM Singhvi’s contributions as a jurist, diplomat and parliamentarian, recalling his role in securing constitutional recognition for Panchayati Raj institutions.

The CJI emphasised that the Constitution was designed as a living instrument, one that must continue to respond to evolving societal challenges.

“By anchoring constitutional interpretation in dignity, the Supreme Court has ensured that the Constitution remains a living instrument, capable of responding to evolving societal challenges while remaining true to its core values,” he said.

He concluded by quoting a paragraph from the KS Puttaswamy judgment.

"To live is to live with dignity… Dignity is the core which unites the fundamental rights because the fundamental rights seek to achieve for each individual the dignity of existence."

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