Everyone comes into the world with a right to his person which includes the liberty of moving and using it at his own will. In such a case, the appropriate relief would be to vacate the death sentence and substitute life imprisonment instead. 21 but under Art. Over time, since Maneka Gandhi, the Supreme Court has been able to imply, by its creative interpretation, several Fundamental Rights out of Art. Hoskot v. State of Maharashtra[9], the Supreme Court said while holding free legal aid as an integral part of fair procedure the Court explained that “ the two important ingredients of the right of appeal are; firstly, service of a copy of a judgement to the prisoner in time to enable him to file an appeal and secondly, provision of free legal service to the prisoner who is indigent or otherwise disabled from securing legal assistance. The law laid down in A.K. Right to Life & Personal Liberty | Article 21 Explained. The Constitution (86th Amendment) Act, 2002, added a new Article 21A which ensures free and compulsory education for all the children of the age of 6 to 14 years. If the right to livelihood is not treated as a part and parcel of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation. The right to equality in matters of public employment cannot be conferred to overseas citizens of India. Right to Life It is a “right to be let alone.”. It was held that sleep is a biological necessity which contributes in optimal health, happiness and improves the quality of life. It is the dissent of Fazal Ali J which is vindicated by the law, subsequently, developed by the Supreme Court culminating in Maneka. A few unenumerated rights under Article 21 have been discussed here. The ambit of article 21 is still not defined absolutely. Well-written. The Court also observed that the right to life and personal liberty mentioned in the Constitution of India is the right of an individual to be free from restrictions or encroachments on his person, whether they are directly imposed or indirectly brought about by calculated measures.In Sunil Batra v. Prior to this case, there were many other cases that came before the court for decriminalization of Section 377, IPC. 76 of 2016 D. No. If anything endangers or impairs that quality of life in derogation of laws, a citizen has a right to take recourse to Art. It was decided thereafter to take necessary steps to prevent the escape of the prisoners from the jail. Mehta v. Union of India[13], the Supreme Court issued several guidelines and directions for the protection of the Taj Mahal, an ancient monument, form environmental degradation. Art. Speedy trial is the essence of criminal justice. But the minority view expressed by Subba Rao, J., adopted a much wider concept of personal liberty. The domiciliary visits of the policemen in the house of petitioner were an interruption on the petitioner’s personal liberty as there was no law which can justify this act. But the marriage was called off on the ground that the blood test of the appellant conducted by the respondent hospital was found to be HIV(+). 21 would not be satisfied”. 309, I.P.C., and Art. Facts: In this case the wife filed a petition for a decree of nullity of marriage on the ground that the marriage had never been consummated because the husband was impotent. 21 that ‘life’ in Art. However, the provision of Section-377, IPC will continue to govern the non-consensual sexual activities involving the minors as the provision describes. Article 21 of the Constitution lays down that the constitution guarantees the right to life and personal liberty to every person, citizen or alien and cites specific provisions in which these rights are to be applied and enforced. Right to Life means the right to lead meaningful, complete and dignified life. It can be seen that the Court has used Art. It was contended that the same protection is given by the Indian Constitution as is given by the American Constitution with a difference that ‘due process’ clause covers both substantive and procedural law whereas the ‘procedure established by law’ provides protection of procedural law. The deprivation of sleep reasults in mental and physical torture. The development of the country is the development of its people. Police Regulations, the police opened a history-sheet for him and he was kept under police surveillance which included domiciliary visits at nights and verification of his activities and movement. Since Article 19 is a substantive right whereas and Article 21 is a procedural right therefore, they must be read together. As the right to travel abroad falls under Art. provides protection to the right to life and personal liberty. Required fields are marked *. The accused himself may be responsible for the delay. Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty”, the Division Bench added. One of the major grounds of challenge was that the order impounding the passport was null and void as it had been made without affording her an opportunity of being heard in her defence. There are many aspects of Right to Privacy as well. Case: People’s Union of Civil Liberties v. Union of India [16]. 21. In this case, Auto Shankar wrote his autobiography in jail depicting how prisoners and IAS, IPS are in relation with each other and partners in crime. Some forms are given below. “Special reasons” necessary for imposing death penalty must relate, not to the crime, as such, but to the criminal. Thus, in Gopalan, an attempt was made to win for a detenue better procedural safeguards than were available to him under the relevant detention law and Art. The court observed that criminalizing the consensual sexual acts between the adults is violative of right to equality enshrined under Article 14 of the Constitution. This fundamental right is available to every person, citizens and foreigners alike. The right to residence and settlement is regarded as a facet of inseparable meaningful right to life under Art. , it was contended by the petitioner that the word ‘law’ under Article 21 does not only include the enacted piece of law but also encompasses the principle of natural justice and any law which deprives a person of his life and personal liberty without obeying the principle of natural justice could not be held as valid under Article 21. One of these rights mentioned under Article 21 is Right to Life and Personal Liberty. How come Puttaswamy judgment dt.24.8.2017 on Right to Privacy is not mentioned here. Article 21 peruses as: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”. 21 has thus emerged into a multi-dimensional Fundamental Right. In Shantisar Builders v. Narayan Khimlal Totame[16], the Supreme Court has ruled that the right to life is guaranteed in any civilized society. The LGBT community is recognized as an important part of the society today. In Attorney General of India v. Lachma Devi[30], the Supreme Court has ruled that execution of a death sentence by public hanging would be a barbaric practice and it clearly contravenes Art. Each and every community has the right to live their life to the fullest. It is a well known fact that for the development of a democratic system of government, education plays avery crucial role. , right to speedy trial was discussed by the court in detail. The word ‘law’ in Art. Right To Constitutional Remedies | Explained, Writ of Quo Warranto: History, Scope, Evolution, and Landmark Judgements, Writ of Certiorari: History, Scope, Evolution, and Landmark Judgements, Writ of Prohibition: History, Scope and Evolution, and Landmark Judgements, Doctrine of Radd and Aul: Explanation and Difference, Understanding Who Is At Fault When it’s Not So Obvious, Socio-Legal Dimensions of Prostitution and Trafficking, School of Law, NMIMS Navi Mumbai | First National Essay Writing Competition, 2021, 3rd NLS-Trilegal International Arbitration Conference [May 16]: Register by May 15. Since Art. Art. A new dimension was given to Article 21 after the Maneka Gandhi’s case. The 44th Amendment has amended Article 359 which now provides that the President by order cannot suspend the enforcement of right to life and personal liberty under Article 21. LL.B. The Court also accepted a limited Fundamental Right to privacy “as an emanation” from Arts. The Passports Act, 1967, doesn’t prescribe the procedure for confiscation of passport. The court expounded the same view in the case of, Francis Coralie v. Union Territory of Delhi[5]. This case is famously known as ‘Auto Shankar case’. Ramlila Maidan v. Home Secretary, Union of India[8], On the night of 4th June, 2011, the men and women of different age groups who gathered at Ramlila Maidan to participate in the Yoga Training Camp led by Baba Ram Dev were sleeping and prior permission to hold the camp had been taken from the competent authority. In Bodhisattwa Gautam v. Subhra Chakraborty[18], the Supreme Court held that. It is true that the word ‘liberty’ is qualified by the word ‘personal’ but such qualification is made in order to avoid any kind of overlapping between those incidents of liberty mentioned in Article 19 and Article 21. The rules made by the Supreme Court under. Puttaswamy could have been included…, Your email address will not be published. This means that the polluting industries are “absolutely liable to compensate for the harm caused by them to villagers in the affected area. Art. The domiciliary visits of the policemen in the house of petitioner were an interruption on the petitioner’s personal liberty as there was no law which can justify this act. The challenge was made on the ground that these provisions are unreasonable, arbitrary and violative of Article 21. Accordingly, first, there must be a law justifying interference with the person’s life or personal liberty, and secondly, the law should be a valid law, and thirdly, the procedure laid down by the law should have been strictly followed. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. 19 deals with several freedoms but not directly with the freedom to live. Issue: Whether Art. This site uses Akismet to reduce spam. It, therefore, includes all those aspects of life which go to make a man’s life meaningful, complete and worth living. The expression ‘procedure established by law’ would, therefore, mean the procedure as laid down in an enacted law. Old view: If we consider the old view given in the Gopalan’s case, we found that the Supreme Court held that Article 19 has no connection and applicability to Article 21. In several other cases, the Court has observed that the protection of life guaranteed by Art. The petitioners challenged the constitutional validity of Section 5 of the Indian Telegraph Act, 1885 which authorises the Centre or the State Government to resort to phone tapping in the circumstances mentioned therein. The right to privacy in India has been developed through a series of decisions. This is a very important and wide topic and has several implications for the citizens of India. The majority of the Judges participating in the decision said of the right to privacy that “Our Constitution does not in terms confer any like constitutional guarantee.”. Every democratic country sanctifies domestic life…….”. Therefore, the U.P. Judgment: It was held that sleep is a biological necessity which contributes in optimal health, happiness and improves the quality of life. [24]. Although right to privacy may be incorporated under the right to life and personal liberty but with certain limits. “We think that the right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessity of life such as adequate nutrition, clothing and shelter over their head”. The Bombay High Court has in MX of Bombay v. M/s. Article 21 does not exclude Article 19 and if any law deprives the right of life and personal liberty of an individual, such a law must stand the test of Article 21 along with the test of Article 19 and 14 as well. 21, secret picketing of the house by the police or shadowing of his movements do not fall under Art. The principle of natural justice must be incorporated in every procedure established by law. The Right to Life and Personal Liberty is one of the fundamental rights which enables a person to live his life freely without any interference. Judgment: The Court said that right to live is not restricted to mere animal existence. In Mr X v. Hospital Z[24], the Supreme Court was called upon to decide a very crucial question in the modern social context, viz: can a doctor disclose to the would-be wife of a person that he is HIV positive? Article 21: Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. Personal Liberty. freedom from arrest and detention from false imprisonment or wrongful confinement. 21. The Court now gave a new orientation to this expression. This article is written by Jessica Kaur, a first-year student currently pursuing B.A. The courts are trying to expand the scope and application of Article 21 by scrutinizing its each and every aspect so that no right of the citizens could be encroached. A. K. Gopalan, a communist leader was detained under the, . The study of right to life is indeed a study of the Supreme Court as a guardian of fundamental human rights. 21 was used in the sense of lex (state-made law) and not jus. The installation of live-wire mechanism does not violate the rights of the prisoners. In Gopalan’s case, the majority was of the view that as long as any law of preventive detention satisfies the requirements of Article 22, there is no need to meet the requirements of Article 19. Puttaswamy challenging the Aadhar scheme of the Government to be violative of Article 21. Accordingly, the Supreme Court has implied a whole bundle of human rights out of Art. The legislature was free to lay down any procedure for this purpose. This Article clearly brings out the implication that the founding fathers recognised the right of the State to deprive a person of his life or personal liberty in accordance with fair, just and reasonable procedure established by valid law. Right to speedy trial is available to accused at all stages including investigation, inquiry, trial, appeal etc. of N.C.T. In the State of Maharashtra v. Prabhakar Pandurang[12], the petitioner while detained in preventive detention wrote a scientific book, but the government refused permission to him to send it to his wife for publication. 21 and practically overruled Gopalan, which can be regarded as a highly creative judicial pronouncement on the part of the Supreme Court. Does it also confer a right not to live or a right to die if a person chooses to end his life? Gopalan’s … 21. Right to reputation is a facet of the right to life of a citizen under Art. Interrelation of Article 14, 19 and Article 21, , we found that the Supreme Court held that Article 19 has no connection and applicability to Article 21. Supreme Court opined that 'personal liberty' was held to mean only … Article 21 includes the following rights: Some rights are discussed below with relevant case laws. 32 or 226 of the Constitution for removal of pollution of water or air which may be detrimental to the quality of life. The appellant was asked by the doctors to donate blood for the patient. Held: The court agreed that ‘right to livelihood’ is included in Article 21. Article 21A makes it mandatory for the Government to enact a Central Legislation to give effect to the constitutional amendment. Article 19 lays down the six fundamental freedoms of the individual and the restrictions which can be imposed on them. Education provides dignity to a person with the help of which he can contribute in the progress of the country. The installation of live-wire does not by itself cause the death of the prisoners. It ruled that the right to life and personal liberty of a person can be deprived by law on the condition that the procedure prescribed by that law is reasonable, fair, and just. 6430 of 2018, [14] AIR (1989) 2039, (1989) SCR (3) 997, [23] W. P. ‘Personal liberty’ is not restricted to bodily restraint or confinement to prisons only, but was used in a concise sense including all varieties of rights which constitutes the personal liberty of a human being other than those mentioned under Article 19(1). On the other hand, Article 21 enables the State to deprive an individual of his right to life and personal liberty in accordance with the procedure established by the law. (Hons.) Any provision which interrupts their personal liberty is ultra vires Article 14,15, and 21. 21 has come to be regarded as the heart of the Fundamental Rights. Life or personal liberty includes a right to live with human dignity. It was further added by the Court that Section 377 denies a person’s dignity and criminalises the core identity of individuals solely on the account of his sexuality and is therefore, violative of Article 21. It now means that the procedure must satisfy certain requisites in the sense of being fair and reasonable. In its widest amplitude include rights like Right to travel abroad, Right of a prisoner to Speedy trail (Hussainara Khatoon v. Home Secretary) The SC has interpreted the word “Life” and “Liberty” liberally. It is a preventive measure intended to act as a deterrent and cause death only if a prisoner scales the wall while attempting to escape from lawful custody. A nexus has been established between these three Articles. Food, shelter and clothing are minimal human rights. It does not connote mere animal existence or continued drudgery through life. Article 21 peruses as: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”. He contended that his right to privacy had been infringed by the respondents by disclosing that the appellant was HIV(+). Once the facts in a given case constitute a right to privacy, Article 21 is attracted. Education provides dignity to a person with the help of which he can contribute in the progress of the country. Torture, assault and death in custody raise serious questions about the credibility of the rule of law and administration of the criminal justice system. 22. Case: Naz Foundation v. Govt. The 44 th amend 1978 makes it clear that fundamental rights under Article 20 (right in relation to conviction for offences) and 21 (right to life) can’t be taken away even at time of emergency (i.e. The Attorney General of India, on the behalf of the government, argued that right to privacy is not expressly specified as a fundamental right under the Constitution. Public places are not meant for carrying trade or business. It does not have restricted meaning. The court rejected this contention and held that under Article 21, the word ‘law’ must include the law enacted by the Legislature and not any general law embodying the principle of natural justice as interpreted by the U.S. Supreme Court. The right to privacy in India has been developed through a series of decisions. Art. In this case it was held that the non-payment of minimum wages to the workers employed in various Asiad Projects in Delhi was a denial to them of their right to live with human dignity and violative of Article 21 of the Constitution. In P. Rathinam v. Union of India[26], a two-judge Division Bench of the Supreme Court, took cognizance of the relationship/contradiction between Sec. The Supreme Court has now very specifically clarified that preservation of life is of paramount importance. 14 is an assurance of non-arbitrary and civilized punitive treatment. Right to life and personal liberty is not only a fundamental right but a right by virtue of being human which enable human beings to get through a life which is different from mere animal existence. D. The Supreme Court has observed in People’s Union for Civil Liberties v. Union of India[22] and held that, “We have, therefore, no hesitation in holding that right to privacy is a part of the right to “life” and “personal liberty” enshrined under Article 21 of the Constitution. The Court has observed on this point: “The State may not by affirmative action, be compellable to provide adequate means of livelihood or work to the citizens. It is not an absolute fundamental right. Case: Justice K.S. It guarantees that no person shall be deprived of his live and personal liberty except in accordance with the procedure established by law. The installation of live-wire mechanism does not violate the rights of the prisoners. This makes the words “procedure established by law” by and large synonymous with the ‘procedural due process’ in the U.S.A. maintenance and improvement of public health; providing humane conditions in prisons and protective homes. 21 viz., to ensure that the female workers are not sexually harassed by their male co-workers at their places of work. Judgment: The Supreme Court interpreted the word ‘life’ in this case. According to the interpretation of the courts, ‘right to sleep’ is a fundamental right included in ‘right to life’ because to live a person must have access to good sleep. Ignoring the rights and demands of this community will not let the country progress rapidly. The Supreme Court illuminated the meaning and scope of ‘personal liberty’ with a very literal and narrow view. The, In this case, the court specifically declares that the right to education for the children of the age of 6 to 14 years is a fundamental right. The Executive has no authority to deprive a person from this right. Facts: A petition was filed by a public interest litigation under Article 32 of the Constitution by the People’s Union of Civil Liberties, a voluntary organisation, highlighting the incidents of telephone tapping in the recent years. Therefore, the court held that in the present case the convicts were not deprived of their fundamental rights by posting of police guards and installation of live-wire outside the jail. A. K. Gopalan, a communist leader was detained under the Preventive Detention Act, 1950. Maneka’s passport was impounded by the Central Government under the Passport Act in the interest of the general public. It was held that the above sections of the Bombay Municipal Corporation Act were constitutional as they impose reasonable restrictions on the right to livelihood of pavement and slum dwellers in the interest of the general public. 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