Here we are going to discuss Article 21 right to life which is also known as the protection of life and personal liberty. This article of the Indian Constitution is one of the most important articles. In this article, no person shall be deprived of his/her life or personal liberty except according to procedure established by law. To learn everything about this article, read this blog till the last.
What Is Article 21 Right To Life Of The Indian Constitution?
Article 21 right to life defines to protection of life and personal liberty. This article says that no person shall be deprived of his/her life or personal liberty except according to the procedure established by law.
What Are The Two Rights Under Article 21 Of The Indian Constitution?
There are two rights under Article 21 of the Indian Constitution:
1) Right to Life
2) Right to personal liberty.
The fundamental of Article 21 right to life is available to every person, citizen, and foreigner also. This fundamental right is one of the most important rights that the Constitution guarantees. The Supreme Court of India has described the right as the heart of fundamental rights.
As per this article, any private encroaching on these rights of another individual does not amount to a violation of Article 21 right to life. In this case, the remedy for the victim would be under Article 226 or the general law.
The Article 21 right to life is not just about the right to survive. It is mainly about being able to live a complete life of dignity and meaning. The main aim of this article is that when the right of life or liberty of a person is taken away by the state it should only be according to the prescribed procedure of law.
Also read: What Is Article 370 Of The Indian Constitution?
List Of Rights That Article 21 Covers Vased On Earlier Judgements By The Court
- Right to privacy
- Right to go abroad
- Right to shelter
- Right against solitary confinement
- Right to social justice and economic empowerment
- Right against handcuffing
- Right against custodial death
- Right against delayed execution
- Doctors’ assistance
- Right against public hanging
- Protection of cultural heritage
- Right to pollution-free water and air
- Right of every child to a full development
- Right to health and medical aid
- Right to education
- Protection of under-trials
Important Cases Concerned With Article 21 Right To Life
1) AK Gopalan Case 1950: In this case, the Schedule Cast held that the expression procedure established by the law, the Constitution of India has officially embodied the consent of British personal liberty rather than the American due process.
2) Maneka Gandhi vs. Union of India Case 1978: In this case the overturned the Gopalan case judgment. In this, the Schedule Cast claimed that Articles 19 and 21 are not watertight compartments. The idea of personal liberty in Article 21 has a wide scope which also includes many rights of which some are embodied under Article 19 of the Constitution of India, giving them additional protection.
3) Francis Coralie Mullin vs. Union Territory of Delhi 1981: In this case, the court official held that any procedure for the deprivation of life or liberty of a person must be properly reasonable fair, and just, and not unrealistic.
4) Olga Tellis vs. Bombay Municipal Corporation 1985: In this case, a reiterated the stand taken earlier that any procedure that would deprive a person of fundamental rights should conform to the norms of fair play and justice.
5) Unni Krishnan vs. State of Andhra Pradesh 1993: This case opened that the Schedule Cast upheld the expanded interpretation of the right to life.
