VOLUME 3 ISSUE 4 JUNE 2020 ISSN:...

VOLUME 3 ISSUE 4 JUNE 2020 ISSN: 2456-9666

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LIVING WITH HAPPINESS: AN EMPERICAL STUDY AND A LEGAL

RESEARCH

-KHUSHBU SOOD & DEVARSHI MALVIYA1

EXECUTIVE SUMMARY

The authors have presented the paper with the relief of the empirical study of the various

institutions which have been set up by the state to rise the happiness of the individuals and the

state like the old age homes and the Child Welfare Centers of the world. The research paper is a

meticulous study of the human rights. From the broad concept of the human rights, the writers

put forward to study the RIGHT TO HAPPINESS. To pursue happiness is not only the physical

health but the mental & the psychological health. The basis of this legal research is Article 21 of

the Constitution of India which embodies a constitutional value of supreme importance in a

democratic society. The dignity and fraternity in the Preamble acts as a basis for the research as

well. The right to life is progressive only when it is accompanied by happiness. The phrase of

happiness has been very relevant in the United States Declaration of Independence for which the

writers show an evident description by field research from Philadelphia. The right to happiness

may be varied in various kinds of the individuals. The issue to be dealt in this research paper

would be that whether the right to happiness is a necessary human right in a legal perspective.

Also whether it plays role for being a fundamental goal. The research paper draws a line of

similarity between the rise in the suicidal rates and that of depression, in especially the young

age. For the old demography, considering the demographic structure, the writers focus on the

fact of the rise in the numbers of the old age homes (Chandigarh, India, Jhabua, India & New

York, USA & the rules of the World Health Organisation). The World Health Organisation

functions for the right to happiness as the highest attainable standard of health of every human

being. The intention is to put up the various laws on happiness, for example the happiness index

in Bhutan, the Ministry of Happiness in Great Britain and etc. and how and whether the nation of

India must implement the laws on the same. The writers have inflicted the ideas from the various

1 Himachal Pradesh National Law University, Shimla



produce of the cinema & literature on how and whether it has transformed the notion of

happiness in the individuals.

INTRODUCTION

The research paper is a meticulous study of the human rights. The human rights are universal

indivisible by nature. They are mutually beneficial. “All human beings are born free and equal in

dignity and rights ” are the basis for the set up of the ideal of the human rights.

The human rights include the right to life, the right to liberty, the right to freedom from slavery,

the right of expression, the right to work and etc.. From the broad concept of the human rights,

the writers put forward to study the RIGHT TO HAPPINESS. To pursue happiness is not only

the physical health but the mental & the psychological health. The right to happiness is seldom in

the discourse of modern lives. All human rights have equal status, and cannot be positioned in a

basis of the hierarchical order. The right to happiness is a corroborating right to all of the other

rights, as well because if the person is not happy he would not live to the utmost. The right is

present in the Constitutions of Japan, the Constitutions of South Korea, the Constitutions France

and the Constitution of Bhutan as well.

It has been represented that how the law is separate in the statutes and in the society with the

empirical study of the Women Cell and a session for the child labour at Chandigarh, Punjab.

UNITED NATION ORGANISATION

The human rights are the morals which have described with & by certain standards of the living

of the individuals. It applies to every individual which is regardless of the race, caste & etc.. A

series of international human rights treaties which have been adopted are to be expanded to the

body of the human rights. The United Nations Organisation was set up with the cognizance of

the human rights as one of its most important aspects. The organisation which was known as the

League of Nation was evolved as a process (along Wilson Chair) to the United Nations.

The author in her visit to the United Nation Organisation, New York, New York, USA

discovered a wall for human rights along with the Security Council, United Nation Organisation



(fig 1), which had displayed the notion by various perspectives(fig 2). It shows that how it has

reached many hands by fewer attention.

Figure 1

Figure 2 Figure 3



As a symbol to the happiness with the peace, there were various ornaments (gifts) by the nations

to the world to the United nations organisations which would represent that the nations stand for

the happiness and the peace of the world(guided tour) (fig 4) (fig 5). It was told that to ensure the

political relations with the nations which would expand the happiness of the individuals and the

state it would be a gesture to present a piece of heritage to the world organisations which would

independently work for the happiness and welfare of the nations.

Figure 4 Figure 5

Figure 1: the wall of the human rights at the United Nations’ Organisation

Figure 2 Figure 3: the representation by the individuals on the human rights

Figure 4: the reward from Bhutan

Figure 5: the reward from Philippines



UNITED STATES’ DECLARATION OF INDEPENDENCE

“PROCLAIM LIBERTY THROUGHOUT ALL THE LAND UNTO ALL THE INHABITANTS

THEREOF”

The Universal Declaration of Human Rights is one of the milestones in the history document of

the set up of the human rights with its implementation in the world.

The phrase of happiness has been very relevant in the United States Declaration of Independence

for which the writers show an evident description by field research from Philadelphia. The

author in her visit to Philadelphia, for the research work at the Independence Visitor Center had

discovered the OLD INDEPENDENCE BELL which was otherwise known as the Liberty Bell.

It was the vulnerable relic of the revolution. It showed that the ring was in the honour of

Washington birthday. It had been cracked a long before but was put up in order for the day. The

draft was put up by Thomas Jefferson for the independence and the emergence as an independent

state. The Liberty Bell (fig 6) was excellent but when it had received a sort of crack in a direction

through its side which put up as it was out of tune & was wreck of its prime site. The Liberty

Bell has been kept sacred and by the glory which was achieved by the old herald of

Independence.

Figure 6



The set up of the liberty bell had the description that the individuals who had fought for the

independence have eventually fought for the happiness of the individuals. The hope for some

that the ideals of the American revolution would be extended to all. The abolitionist had drew the

inspiration from the description and had said that it was their symbol and named it as their

Liberty Bell. It has been suggested that the bell must be recast and it is useless. It would not be

replaced but by itself. It may not be improved but it is as pure in it. It may be reformed to much

advantage in it.

The human Liberty Bell was formed by 25000 officers and men at New Jersey Camp Dix

at(fig 7) as a symbol of faith in the freedom and independence of the United States of America.

Figure 7

the liberty bell had inherent flaws, the unstable mix of metals made brittle to the bell.

the assembly of Pennsylvania Assembly hired local craftsmen, John Pass and John Stow to have to recast

it.

Figure 6: the Old Independence Bell at Visitor Center, Philadelphia

Figure 7: the men standing in the signal of the Liberty Bell.



“THE ORIGINAL LIBERTY BELL ANNOUNCED THE CREATION OF DEMOCRACY,

THE WOMEN’S LIBERTY BELL WILL ANNOUNCE THE COMPLETION OF DEMOCRACY”

The women have fought for their rights since a long period. While the Declaration of

Independence was having its pace in the USA, the women had to fight for their independence at

the suffrage for the election in it.

The author had a visit to the History Visitors’ Center, Philadelphia. It was discovered by the

author of the research paper that the Pennsylvania Women Suffrage Association had put up to

dedicate to the proposition that the just government drives their power from the consent of the

governed and taxation without representation is tyranny. The women seeking the right to vote

and pursuing equal rights symbol of the Liberty Bell to expand the boundaries of as freedom. It

was said “HELP BREAK THE CHAINS THAT HOLD THE BRONZE CLAPPER SILENT,

VOTE “YES” ON THE SUFFRAGE ON THE ELECTION DAY”. It was studied and published

by the journal stating that HAPPINESS TO HAMPER it. The women for fighting for their

rights was a medium to achieve the happiness to them.

Figure 8

Figure 8: the women representation of the Liberty Bell



WOMEN CELL

The author had to visit the Women Cell as the internship at the State Legal Services Authority,

U.T. Chandigrah. The session was planned for the visit to Anti Human Trafficking Cell. It was

discussed that the Women Cell, Cyber Cell & Anti- Human Trafficking Cell were working in the

same office. The lot was confidante by MRS. JYOTI who was the senior officer of the

WOMEN CELL working in the Anti- Human Trafficking Cell in it. The body commenced on

29th AUGUST, 2015 as a support unit. It was initially Women & Child Support Unit. It majorly

deals with the matrimonial dispute. The Station House officer (SHO), MRS. RAINA YADAV

exclaimed the hierarchy system of that.

The planned criteria for the institution like the women cell state categorically that how the

women have to fight for the reach of the happiness. The author draws a line of similarity with the

fight for the equal rights for the women of USA and the women of Punjab for their safety of

women. To study the materials of the various women had also put up the similarity for their fight

for the happiness. It has been observed that the fact of the omnipresence of the law is separate in

the statutes & in the society.

JUVENILE JUSTICE BOARD

The author had to visit the Juvenile Justice Board, Chandigarh as programme by her inyenship at

the State Legal Services Authority, U.T. Chandigarh. The Juvenile Justice Board visit was

assisted by MR. DHANIRAJ who was the senior official of the center. The board consisted of

One JUDGE and 2 MEMBERS, in which a FEMALE member is necessary. The State Legal

Services Authority had represented 6 panel lawyers for the legal aid of it. The Counsellor, MR.

KURWINDER SINGH conformed that the visit for medical treatment was 4 times a week

respectively. The board was divided into certain area like the RECREATIONAL ROOM, where

various activities like singing, dancing & etc. were performed. The students were into immense

concentration for reforming themselves. The other was DORMENTARY where the students

shared a personal space. A hierarchy system was created which consisted of:



1. OBSERVATION ROOM

The place where the students upto 16 years were sent. They could be either accused &/or

convicted for a crime in it.

2. SPECIAL ROOM

The place, where the students upto 16 years were sent. They must be convicted for a crime in it.

3. PLACE FOR SAFETY

The students who were either accused &/or convicted for a heinous crime in it.

A session was organised on the child labour conducting the laws of 14 years of age & if no proof

is provided, then a medical test by testing the teeth. The awareness programmes &/or campaigns

oragnised like called Muskaan were imparted. The medical & counselor’s team is followed by

them. The students were asked to seize their respective locality & conduct a survey to report by

the morning for the procedure of their fine collection. It presents the other side of the right to

happiness because by the survey conducted it was proposed that some of the children would find

their happiness by selling the goods and some by earning money from it and some of them by

helping their parents for it.

Figure 9 Figure 10



Figure 11

OBSERVATION HOMES

In the Section 47 Of Juvenile Justice (Care and Protection Of Children) Act, 2015, there is the

provision for Observation Homes in it. The visit to OBSERVATION HOME was assisted by

MR. BAMANIYA who is the superintendent of the center. The co-author of the research paper

had to visit the Observation Home by the internship at the District Legal Services Authority,

Jhabua, Madhya Pradesh. The first thing the co-author had observed was that,

the OBSERVATION HOME was divided into certain areas. The co author had attended

the Legal Literacy camp for Children in Conflict with Law as well. The Secretary had told

briefly and concerning useful provisions. After the session, he met with the Probation Officer

MRS. JAMNA HANOTI who was also a Councilor.

Figure 9 Figure 10 Figure 11: the survey of child labour at Chandigarh



She also makes the improvement report of the children, which is essential in the police

investigation and it is also included in the chargesheet for proceedings. After the informative

conversation, she escorted the co-author to the office of MR. C.S. BAMANIYA, Superintendent

of Observation Homes the co author had a tour to all the sects of the observation homes.

CHILD WELFARE CENTER

The visit was guarded to SNEHALAYA, located in Maloya, Chandigarh presented by the social

welfare department. The government facilities including medical prerequisites inclusive of First

Aid & technical facilities act as a surplus. The distinction of child which is either CCN or CNCP

where the child needs care and protection. The children also site form ECONOMICALLY

WEAKER SECTION (EWS). There is a provision of Forster family which the author presents

the happiness is mental health and the psychological health. The scale could vary from

individuals. It is important for the individuals at the tender age to find happiness. There is also

after case facility as a constant duty of the center. The center had a unit of Chandigarh

Commission for Proptection of Child Rights (CCPCR) with District Child Protection Unit

(DCPU) where MRS. HARJINDER KAUR is the Chairman and High Court Judge. It is a

monitoring fact which motivates to generate, develop and watch. It has the authority to suo-

moto decision and summoning as well.

OLD AGE HOMES

The Resident Manager, MRS. VANDANA of Senior Citizen Home instructed that Social

Welfare Department is the dominant character. The students were denied to collect any personal

information from the senior citizens respecting their personal & emotional sentiments. It was

conveyed that the senior members were provided with the pocket money, plus the pension which

is promised by the central governmental authorities. The home is free of cost. There is, in

addition, DAY- CARE CENTER for the senior citizens whose members are working at home.



To draw the comparison, the author has visited the old age home at New York. It was produced

for the empirical study that there has been approximately 20% hike in the number of the old age

homes in the United States of America.

THE INSTITUTION FOR DISABLE

The visit was at the Government Institute Of Intellectual Disability (GRID). The persons with

either mental disability or physical disability were provided a shelter. The author had stated that

the happiness is mental health and the physical health and the psychological health. There was

special availability of music lessons to them. It relates that there are various ways to produce

happiness. There was a head appointed for each talent which inclusive had 10 persons. The

annual day celebrations were organised which had the participation of each & every person. The

general information on disciplines was a part of the routine for them. The visit was at Disability

Assessment Rehabilitation and Triage (DART) where the assistance of MR. BABU KHAN was

immensely appreciated who was a senior official of the center with MRS. RITU KUMAR who

presented the basic arena of work & recommendation at the center. It was presented that the

presence were of the mentally ill persons who have recovered at a good range & provided a way

to get to the mainstream of the society and resettlement in it. The vocational sects with inspectors

were present. There was Parivartan which was amalgamated with the legal body.

Figure 12

Figure 12: the visit at the Disability Assessment Rehabilitation and Triage

The article 21 of the Constitution of India states:



“No person shall be deprived of his life or personal liberty except according to a procedure

established by law.”

According to Justice P. N. Bhagwati, “It embodies a constitutional value of supreme importance

in a democratic society”.

According to Justice Iyer, “This is procedural MAGNA CARTA protective of life and liberty”.

According to Dr. B. R. Ambedkar, “The Article 21 is regarded as heart and soul of the Indian

constitution”.

The right to life is undoubtedly the most fundamental of all rights. It is essence because all other

rights can only be excised if there is a happy life. Happiness is necessary even if the individuals

are provided with the right to life.

In the case of SUNIL BATRA V. DELHI ADMINISTRATION

The Supreme Court held that the “right to life” has included the right to lead a healthy life and to

enjoy all faculties of the human body in their prime conditions. It would even include the right to

protection of a person’s tradition, culture, heritage and all that gives meaning to a man’s life. It

includes the right to live in peace, to sleep in peace and the right to repose and health. If the

human body is in prime condition, his tradition, culture heritage and all the things which gives

meaning to a man’s life is conserved and his life is in peace and he can live in peace. He would

be happy and the right to happiness is linked to the right to life under the Article 21 of the

Constitution of India. The right to personal liberty is necessary because if an individual is not

able to exercise his personal liberty it is the infringement of easement of all his rights.

The fraternity which is enshrined to the preamble satisfies to the feeling of brotherhood amongst

the individuals of the nation. The Riots damage whole of the society and peace and happiness of

the individuals could not be protected.

The Preamble assures the dignity of the individuals.

In the case of MANEKA GANDHI V. UNION OF INDIA, the Supreme Court provided fresh

dimension to the Article 21 and held that the right to live is not merely a physical right but

includes within its ambit the right to live with human dignity.



In the case of FRANCIS CORALIE V. UNION TERRITORY OF DELHI, it was decided

that the right to live includes the right to live with human dignity. The availability of the bare

necessities such as adequate nutrition, clothing and shelter, facilities for reading, writing and

expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow

humans and must include the right to basic necessities expression of the individuals of the nation.

All rights are assured and provided but it would be of no use if it does not lead to the rise in the

happiness of the individuals.

THE BIRTHPLACE OF HAPPINESS

The author focuses on the laws of the nations and how it has developed in India. The issue

presents that how and whether the nation would measure the happiness of the individuals &/or of

the state. Bhutan is famously the only nation in the world to rank Gyalyong Gakid Plaza, or

Gross National Happiness (GNH), above Gross Domestic Product (GDP). The United Nations’

General Assembly had praised Bhutan in 2011. The unique philosophy of land of the Thunder

Dragon to have a questionnaire which would contribute to the happiness of the individuals is

productive. The standards for the measure are psychological health, health, education, the use of

time period, diversity of culture, the governance, ecological diversity, resilience, vitality and the

living standards. Ironically, Bhutan ranked 97 out of 156 on the World Happiness Report, 2018.

They attribute to the survey measuring happiness only through material wealth. The Gross

National Happiness has significantly grown from 0.743 to 0.756 representing of Bhutanese were

deeply happy.

“GROSS NATIONAL HAPPINESS means being satisfied with what you have … It is the

human condition to never be satisfied. The goal is to try and be satisfied”.

MINISTRY OF HAPPINESS, UNITED ARAB EMIRATES

The United Arab Emirates has its very own ministry of happiness in February 2016. The United

Nation’s World Happiness Report, UAE ranks 28th among 156 countries. The doctrine of the

“science of happiness” was applied, of the nation. The positivity are gaining to the rapid changes



in the world. The United Arab Emirates is the prime nation to have the position of the Chief

Happiness and the Positivity Officers with to develop a training programme of this kind.

MINISTRY OF LONELINESS, GREAT BRITAIN

The commission was called the Jo Cox Commission on Loneliness to tackle loneliness after

witnessing its effects in the north England. The Britain had presented that the poor, the

unemployed, the disabled and the migrant populations could to suffer loneliness and isolation

and struggle to access. The internet, is seen as a source of isolation for young population.

HAPPINESS DEPARTMENT, MADHYA PRADESH

Madhya Pradesh became the first state in India to have ‘Happiness Department’ that will work as

knowledge resource center for happiness on the lines of Bhutan. The Government of Madhya

Pradesh has announced setting up of a new Adhyatmik Vibhag (spiritual department). The

proposed new department will be set up by merging several existing departments in the state.

CONCLUDING REMARKS

The research is necessary so that the rights by the state must have the implementation at the

ground level for the individuals of the state. The empirical research in the separate nations would

expand and represent the ideals of the individuals of the nation. The comparison drawn by the

authors in the institutions of India and of the United States of America would represent the view

of the world and the other aspects which have and would alter the scenario. It has been

represented that all the human rights must have a considerate amount of the right to the

happiness.

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