Why in News? According to the Bombay HC, the ‘right to sleep’ / ‘right to blink’ is a basic human requirement, in as much as, non-providing of the same, violates a person’s human rights. 

What are the Observations Made by the Bombay HC? While dismissing a plea by a 64-year-old businessman claiming ‘illegal’ arrest by ED, the HC criticised the manner in which his statement was recorded in the ED office overnight. This deprived him of ‘right to sleep’ under Article 21 (Right to life with dignity) of the Constitution. Deprivation of sleep may affect a person’s health, impair his mental faculties, cognitive skills, etc.

What is the Scope of Right to Sleep under the Indian Constitution? The right to sleep is encompassed as a fundamental right under Article 21. This means, nobody can infringe on others’ right to sleep in a peaceful atmosphere at night. However, the right to sleep is an implied right, it has some restrictions like place of sleep, time of sleep, and manner of sleep. Nobody can do any unreasonable acts, like sleeping during the day, sleeping naked, sleeping in public places, etc.

What are the Landmark Cases that Led to the Introduction of Right to Sleep as a Fundamental Right?

1. Sayeed Maqsood Ali vs. State of Madhya Pradesh (2001): The Madhya Pradesh HC ruled that every citizen is entitled under Article 21 of the Constitution to live in a decent environment and has the right to sleep peacefully at night.
2. Re-Ramlila Maidan Incident vs. Home Secretary (2012): The SC ruled that sound sleep is associated with sound health, which is an inseparable facet of Article 21. It is an unavoidable right of the Indian Constitution.