Article 21 of Indian Constitution

August 12, 2024
PLEA BARGAINING CRPC

article 21 of the Constitution of India offers every individual the right to life and personal liberty. This is a vast and significant topic with a number of consequences for Indian citizens.

The Indian Constitution’s transformative nature is best exemplified by article 21 and all of its interpretations. The Indian judiciary has given article 21 a greater interpretation and significance that goes beyond what the framers of the Constitution had in mind. These interpretations of the “right to life” bring special complications.

what is right to life?

  • In line with Article 21 as to what is right to life, it discusses about the protection of life and personal liberty, that a person cannot be deprived of their freedom or their lives, unless a legally mandated procedure is adhered to.
  • As per what is right to life, all people, citizens and non-citizens alike, are entitled to this fundamental right.
  • One of the most significant rights guaranteed by the Constitution is the fundamental right specified in art21.
  • This right has been referred to as the “heart of fundamental rights” by the Indian Supreme Court.
  • If you want to know exactly, what is right to life, then it expressly states that no one may be deprived of their life or liberty until the legal process has been followed. Here, “state” refers not only to the government but also to its agencies, legislative bodies, municipal governments, etc.
  • Article 21 is not violated by any private individual infringing upon the rights of another private individual. In this case, the victim’s remedy would come from either general law or Article 226.
  • The right to survive is not the only aspect of the right to life. It also means having the capacity to lead a full life that is meaningful and dignified.
  • Article 21’s main objective is to ensure that the State only violates someone’s right to life or liberty when doing so in accordance with the established legal process.

article 21 of indian constitution: Important Aspects

Right to live with human dignity:

  • Understanding national constitutions, international law, and other court decisions is a fundamental right. It is made up of several components that work together to ensure that no one experiences shame or hardship in their lives. It also permits living a fulfilled, sovereign, and respectful life.
  • Basic needs, social as well as cultural rights, environmental sustainability, physical as well as mental well-being, self-determination, and personal autonomy are some of the elements that are shared by the Right to Live with Human Dignity.

Right to Livelihood:

  • The concept of the right to livelihood asserts that every individual, regardless of gender, has an equal right to subsistence so they can obtain necessities including food, water, shelter, and other resources.
  • It also says that no one should be denied the opportunity to earn a living and forced to live in filth and poverty.

Right to Food:

  • The legal systems of both countries acknowledge the right to food as an essential human right. It also guarantees that everyone has access to the food and nourishment needed for their livelihood.
  • The right to life and dignity under article 21 of indian constitution are intertwined with the right to nutritious food.

Right to Clean Environment:

  • According to article 21 of indian constitution, the right to life and personal liberty includes the right to a clean environment.
  • The Supreme Court has ruled that in order to enjoy other fundamental rights, such the right to life and the right to health, one must have access to a healthy environment.

Right to Privacy:

  • According to article 21 of indian constitution, the right to privacy is a basic right.
  • According to rulings of the Supreme Court, a person’s right to privacy encompasses the freedom to live an unhindered life, the right to manage how their personal information is used, and the right to be left alone.

right to life article: Important Landmark Judgments

There are various important landmarks judgments under the right to life article. They are:

The Case of AK Gopalan (1950):

  • Article 21 provides protection from arbitrary legislative action, but not from arbitrary executive action.
  • In this case, the SC interpreted the right to life article narrowly.
  • Personal liberty: Only freedom that pertains to an individual’s person or body.

The Case of Menaka Gandhi (1978):

  • “Due process of law” was introduced, meaning that protection under art21 should be accessible against both arbitrary legislative and arbitrary executive action.
  • A person’s right to life and personal freedom cannot be violated by legislation as long as the processes outlined in it are reasonable, equitable, and just.
  • Right to life: The right to a dignified existence.
  • own liberty: Broadest definition, encompassing a range of rights that make up an individual’s own freedoms.
  • It is a more expansive reading of art21.

The Case of KS Puttaswamy (2017):

It concluded that everyone has an inherent right to privacy, which can only be curtailed by government action if it satisfies three requirements:

  • Such state action needs to be proportionate,
  • pursue a valid state goal, and
  • have a statutory mandate.

One of the main pillars of the fundamental rights that the Indian Constitution upholds is art21. It underlines how crucial it is to defend the intrinsic worth and dignity of human life as well as individual liberty, and it makes sure that any infringement on these rights must follow a fair and reasonable legal procedure. The judiciary is essential to maintaining and interpreting Article 21’s expansive meaning in order to safeguard peoples’ rights.

article 21 FAQs

  1. When can Article 21 be violated?

It has been decided that rape violates the fundamental life that is provided by Article 21. Therefore, anything that contributes to making life meaningful, full, and worthy of being lived would be included in the right to life.

  • What is the aim of article 21?

Nobody may be deprived of their life or personal freedom unless it is done in accordance with a legally prescribed process. The Indian Constitution’s Article 21 protects the fundamental right to one’s own life and liberty.

  • What does Article 21 extend to?

Put differently, the term “person” refers to any individual, regardless of their nationality or environment. It is not limited to citizens alone. This suggests that even those who are incarcerated in jails are entitled to the protections provided by Article 21.

  • Can Article 21 be suspended during emergency?

Following the enactment of the 44th Amendment Act, the Court decided that no one may ever be deprived of their right to life and personal freedom. Thus, even in an emergency, Articles 20 and 21 cannot be suspended.

  • Who created Article 21?

The Indian Supreme Court has been instrumental in safeguarding Indian people’ fundamental rights and extending the reach of Article 21. The Indian judiciary has been instrumental in safeguarding essential rights.

  • What is the exception to article 21?

If a private person’s actions equal to violating someone else’s right to privacy or taking their life. Such a violation would not be covered by Article 21’s limits. In such a situation, the aggrieved party’s remedy would fall under either general law or Article 226 of the constitution.

  • What is the importance of Article 21?

It says, no one may be robbed of their life or their personal freedom unless the legal process has been followed. Article 21’s preservation of the fundamental rights to life and personal liberty is what makes it significant.

  • Is Article 21 right to privacy?

According to the Supreme Court, the right to privacy is a fundamental component of both personal liberty and life, and it is protected by Article 21 as well as Part III of the Constitution’s guarantees of freedom.

  • When was Article 21 inserted?

Article 21A of the Indian Constitution was inserted by the Constitution (86th Amendment) Act of 2002, mandating that all children between the ages of six and fourteen get free and compulsory education from their respective states.

  1.  What is the right to environment under Article 21?

The Court noted that, in order to fully enjoy life, the right to clean air and water under Article 21 is a part of that right.

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