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Report No. 94

1.3. Need for study.-

The traditional Indian view (as outlined above) represents a strictly legalistic approach. There appears, however, need for some fresh thinking on the subject. The subject has been taken up for consideration by the Law Commission of its own, having regard to the importance that this and similar controversies have assumed, or are likely to assume, in the light of the increasing stress laid on human rights in recent times. In the Indian context, in particular, the expanding scope of Article 21 of the Constitution (as currently interpreted) is likely to render such an enquiry of considerable practical importance in the not distant future.

This is not to say that the present enquiry is necessarily aimed at suggesting any radical change in the law. The object of the enquiry is mainly to stimulate discussion on the subject, to disentangle the various issues involved to define with some concrete the contours of the controversy and generally to test the present position in India, in the light of the doctrine and developments mentioned above. If, as a result of such enquiry, there emerges a need for reform in the law, suggestions for appropriate reform will, of course, be made.



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