- Research/Scholar Paper name – “Analysis of the Right of Self-Help: A Comparative Study”
- Author: Fariya Sharaf
- Co-Author: Siddharth Anand
- Institution: Amity University Patna
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 26/05/2022
Abstract:
When a person is in a dangerous situation, nothing is off the table and the only goal at that point of time is to survive. It is very appropriately said that if there’s life, then there’s the world. Ronald Regan, who was the 40th U.S. president said that self-defense is not our right, it is our duty[1]. Not protecting our life would be a sheer disrespect to the precious and pious opportunity that we have been granted, the opportunity to live in this world and grow as individuals and become better human beings on the journey.
As long as there is a society, the requirement for the right of private defense will always be present. Gandhi and Martin Luther King Jr., who were vocal proponents of non-violence, have never denounced self-defense and in the present era, most of the countries have inculcated the right to private defense in their statutes, to ensure that this right of self-help is always available to the person in need.
This article analyses the right of private defense in India, America, United Kingdom and South Africa. The extent to which this right can be exercised in also examined and discussed in detail. The similarities and differences in law with regards to this right is also discussed in depth. The article examines the relevant case laws, which were a turning point in the formulation of laws in this arena.