The evolution of fundamental rights from medieval concessions to universal, enforceable constitutional guarantees represents one of the most profound developments in legal history. Tracing this trajectory from the Magna Carta to modern frameworks—such as the Universal Declaration of Human Rights (UDHR) and the constitutions of India and Sri Lanka—reveals a continuous struggle to codify human dignity and protect it from arbitrary state power.
Below is a comparative analysis examining these four foundational pillars, with a specific focus on how the right to life has been articulated, expanded, or—in the case of Sri Lanka—conspicuously omitted.
I. The Magna Carta (1215): The Genesis of the Rule of Law
The Magna Carta, sealed by King John at Runnymede, was not originally conceived as a universal human rights document, but rather as a peace treaty between a despotic monarch and rebellious barons. However, its historical and philosophical value far exceeds its original intent.
The document's profound contribution to legal philosophy lies in the principle that the sovereign is not above the law.
Due Process and Liberty: Clause 39 established the bedrock of due process, stating that no free man shall be seized, imprisoned, or stripped of his rights except by the lawful judgment of his equals or by the law of the land.
Access to Justice: Clause 40 declared, "To no one will we sell, to no one deny or delay right or justice."
While the Magna Carta did not explicitly outline a "right to life" in modern terms, its insistence on lawful procedure before a person could be destroyed or imprisoned laid the groundwork for the writ of habeas corpus.
II. The Universal Declaration of Human Rights (1948): The Global Standard
Eleanor Roosevelt famously referred to the UDHR as the "international Magna Carta of all men everywhere."
The Right to Life: The UDHR explicitly elevates the right to life to the forefront of human rights discourse.
Article 3 states unequivocally: "Everyone has the right to life, liberty and security of person." Interdependence of Rights: The UDHR structurally intertwines the right to life with freedom from torture (Article 5) and equality before the law (Article 7).
The UDHR established the normative baseline that life is not merely a biological state to be protected from state execution, but a foundational right required to enjoy all subsequent civil, political, economic, and cultural rights.
III. The Constitution of India (1950): Expansive Jurisprudence
The framers of the Indian Constitution, deeply influenced by the UDHR, embedded a comprehensive Bill of Rights within Part III of the Constitution, often referred to as the Magna Carta of India.
Explicit Codification: Article 21 explicitly guarantees the right to life: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
Judicial Expansion: The true power of the Indian constitutional framework lies in the Supreme Court's expansive interpretation of Article 21. Beginning with Maneka Gandhi v. Union of India (1978), the Court ruled that "procedure established by law" must be just, fair, and reasonable.
Over decades, the Indian judiciary has ruled that the "right to life" is not merely the right to animal existence, but the right to live with human dignity. Through this single article, the Court has read into the Constitution the right to a clean environment, the right to privacy (Puttaswamy v. Union of India), the right to livelihood, and the right to health.
IV. The Constitution of Sri Lanka (1978): The Lacuna of the Right to Life
In contrast to the UDHR and the Indian Constitution, the Constitution of the Democratic Socialist Republic of Sri Lanka (1978) presents a unique and problematic constitutional architecture regarding fundamental rights.
Chapter III of the Sri Lankan Constitution guarantees a robust set of rights, including freedom of thought and religion (Article 10), freedom from torture (Article 11), equality before the law (Article 12), and freedom from arbitrary arrest (Article 13).
The Current Legal Reality in Sri Lanka
As of today, despite numerous constitutional amendments, the right to life has not yet been explicitly codified into the constitutional text. This creates a significant legal vulnerability:
Judicial Workarounds: The Supreme Court of Sri Lanka has had to creatively read an implicit right to life into other provisions. In the landmark case of Sriyani Silva v. Iddamalgoda (2003), the Court reasoned that since Article 11 protects against torture and Article 13(4) regulates the death penalty, the Constitution must implicitly recognize the right to life. After all, one cannot be tortured to death without violating Article 11.
The Danger of Implication: While judicial activism has provided a safety net, an implied right is inherently weaker than an expressed one. Without an explicit Article guaranteeing life and dignity, Sri Lankan courts lack the broad constitutional mandate enjoyed by Indian courts to expand protections into areas like healthcare, environmental justice, and livelihood.
International Incongruence: The lack of an explicit right to life places the Sri Lankan Constitution out of sync with its obligations under the International Covenant on Civil and Political Rights (ICCPR), which Sri Lanka has ratified, and the broader UDHR framework.
V. Comparative Synthesis
The table below illustrates how the core concepts of human dignity are handled across the four texts:
| Concept | Magna Carta (1215) | UDHR (1948) | India (1950) | Sri Lanka (1978) |
| Right to Life | Implicit (protection from unlawful destruction) | Explicit (Article 3) | Explicit (Article 21) | Not explicitly included; read implicitly by courts into Articles 11 & 13 |
| Due Process | Clause 39 ("lawful judgment of his equals") | Articles 9 & 10 | Articles 21 & 22 | Article 13 |
| Equality | Limited to "free men" | Articles 1 & 7 | Article 14 | Article 12 |
VI. Conclusion
The trajectory of human rights from the Magna Carta to modern constitutionalism demonstrates a steady march toward the explicit codification of human dignity. The Magna Carta established the mechanics of legal restraint; the UDHR universalized the philosophy of inherent rights; and the Indian Constitution demonstrated how an explicit right to life can be wielded as an evolving tool for social justice.
Sri Lanka stands at a constitutional crossroads. While its Constitution provides strong procedural safeguards against state overreach (such as arbitrary arrest and torture), the continued absence of an explicit Right to Life remains a critical doctrinal gap. Until this right is formally codified, Sri Lanka's fundamental rights chapter remains an incomplete reflection of the universal standards envisioned in 1948.
References
United Nations General Assembly.
(1948). Universal Declaration of Human Rights (217 [III] A). Paris. The Constitution of India. (1950). Part III: Fundamental Rights (Articles 12-35).
The Constitution of the Democratic Socialist Republic of Sri Lanka. (1978). Chapter III: Fundamental Rights.
Supreme Court of India. Maneka Gandhi v. Union of India, AIR 1978 SC 597. (Establishing the broad interpretation of Article 21).
Supreme Court of India. Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.
Supreme Court of Sri Lanka. Sriyani Silva v. Iddamalgoda, [2003] 1 Sri LR 14. (Recognizing an implied right to life via Article 11).
Rule of Law Education Centre. Magna Carta and Human Rights. (Tracing the legacy of clauses 39 and 40 into modern international law).
Centre for Policy Alternatives (CPA). (2022). Human Rights and Democracy in Sri Lanka. Colombo, Sri Lanka.
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