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60. The Eighth Amendment (1791) to the Constitution of the United States virtually emanated from the English Bill of Rights (1689). The text of the Eighth Amendment reads, “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. The English Bill of Rights drafted a century ago postulates, “That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”.
61. Our Constitution does not have a similar provision but after the decision of this Court in Maneka Gandhi case [Maneka Gandhi v. Union of India, (1978) 1 SCC 248] jurisprudentially the position is virtually the same and the fundamental respect for human dignity underlying the Eighth Amendment has been read into our jurisprudence.