|Constitution of Bangladesh|
Generally ‘Right to Life’ which expression shall cover all the dimensions and aspects of human life. Right to ‘liberty’, ‘expression’ ‘thought’, ‘free movement’, ‘religions’ etc are undoubted part of our life, it is true, but, excellence always comes after existence. As we know food, clothing, healthy environment, shelter, education is the core of our existence. But what is the status of these rights in our country? Being the core of human existence or life, whether these basic necessities of right do cover by the expression ‘right to life’ as guaranteed under Articles 31 and 32 of the Constitution of People’s Republic of Bangladesh? Does these are judicially enforceable? If not, then why? If yes, then how? What is theory? What is the practical going on? What is the expression of us?
After being a longest deprivation of British and Pakistan and sacrifice lot, we get our dreamy Bangladesh, where fundamental rights of people shall be ensured, rule of law shall be prevailed, and human dignity shall be respected. But the basic instinct or core of human existence shall not been incorporated under the heads of fundamental human rights, which are judicially enforceable as guaranteed under chapter III of our constitution. How far this reflects the prolonged hoped and expectation of the people of Bangladesh? What is the general view? What do we want? Some task of similar to these shall be tried to focus on this thesis.
Understanding the Concept of Right to life
2.1. Right to Life: Multi way of understanding
"The fundamental right to life which is the most precious human right & which is the arc of all other rights must ………. . be interrupted in a broad and expansive spirit so as to invest it with significance and vitality which may endure for years to come and enhance the dignity of the individual and the worth of the human person ".
This is judicial observation observed by Justice Bhagwati in Francis Coralia Mullin v. Administrator Union Territory of India.
The fundamental rights themselves have no fixed content, most of them are empty vessels into which is generation must pour its content in the light of experience. In the constitutional frame work of Bangladesh, fundamental right to life is such an empty vessel into which express provisions of the constrictions have hardly contributed any precise content. The draftsman of the Constitution of our country deliberately avoided in prescribing any definition of the term ‘life’. This self restraint on the part of the drafters of the Constitution conveys a significant massage that the word ‘life’ is an open textured expression and has wider meaning that would be discovered from time to time. Moreover, unlike most other fundamental rights, right to life has not been positively conferred by any of the constitution. Probably, the reason is according to the authority of Unni Krishnan J.P v. State of Andra Pradesh. Only a stagnant society remains unchanged… The right to life and liberty is inherent in every man.
But, how to define and interpret the term ‘life’ when it is a fundamental right? Without any strict rule in this regard for interpreting and elaborating the arena of right need to depend several interpretation. Some peruse discussion have been made below.
2.2 General View
“In the widest sense, the right to life refers to the right of human beings to be protected against killing under any circumstances. The scheme that killing is wrong is almost universally accepted by all human societies and the right to life is the most fundamental of all human rights.”
“To quality a human right, a right got to have the qualities of inalienability, waivability, defeasibility and derogability. The right to life consists of all of the qualities. When the right to life considered to be one of the unalienable rights, then it means that the sense of self-preservation can not be separated from the human psyche.”
Apart from legal or constitutional expertise, there is no existing human being possessing sound and reasonable attitude that what should be denoted as a right to life in general sense. For this purpose of this thesis, a survey is conducted among 100 people belonging from different sectors, profession possessing different ages. This practical survey shows that in broader sense right to life differs from person to person in many cases such as a rickshaw puller or day labour emphasis on food, shelter, clothing, medical facilities etc, a rich man emphasis on having car, liberty, not to punish wrongfully, liberty to conduct his or her business freely, on the other hand some emphasis on education, free movement, from association, religion, some emphasis on all the rights encompasses the life of human being as right to life. However, something is very much common to all such as –
(a) right to food, shelter, clothing, medical facilities.
(b) not to be detained, punished or snatched away the life wrongfully.
2.3 Theoretical View
‘Right to life’ as a fundamental right embraces all the rights surrounding the whole life span of human being and for ensuring their existence peacefully with dignity. Thus jurisprudence of fundamental right to life is being multidimensional; its contents are being enriched. To quote an author’s observation regarding the statutes of constitutional provision as to fundamental right of India: ‘Art.21 has ……..become a main site for the creation of new rights and enlightens.  According to another author “Art.21 is connected with all matters of Human Rights. It is due to the expansion of the ambit of Art.21 that the sum of human dignity shines brightly on our horizon brining hope to people, in personality of human being by giving protection to human life.  These observations are also application for the interpretation of ‘right to life’ under constitution in Bangladesh.
2.4 Judicial Observation
‘Life’ within the meaning of Art.31 means something more than mere animal existence. It includes the right to live consistently with human dignity and decency, right to the bare necessities of life such as adequate nutrition, clothing and shelter and the facilities for reading, writing and expressing oneself its diverse forms, freely moving about and mixing and commingling with fellow human beings and all that which gives meaning and content to a man’s life  including tradition, culture and heritage. Right to life includes right to livelihood because no person can live without means of living. It includes a right to protection of health and normal longevity and right to protection and improvement of environment. Dealing with the right to pollution free environment and ecology, the Indian Supreme Court extended and applied English common law doctrine of public trust to quash a lease of forest land by the side of a river and ordering the lessee to pay compensation by the way of restitution of the environment and ecology .