Article 21 Constitution of India

• Article 21 of the Indian constitution guarantees the right to life and personal liberty.
• It has been characterized as a fundamental value in a democratic society and a means of protection for individuals.

Meaning, Concept, and Interpretation of 'Right to Life':

• The right to life extends beyond basic existence to include human dignity, livelihood, health, and environmental rights.
• It encompasses the protection of all aspects that make life meaningful and valuable.

Right to Live with Human Dignity:

• The right to live with human dignity has been interpreted to include basic necessities like nutrition, clothing, shelter, education, and the right to engage freely with society.
• Courts have affirmed that the State must ensure conditions that uphold the dignity and well-being of individuals.

Judicial Interpretations and Implications:

• Several landmark cases have expanded the scope of Article 21 to include protection against exploitation, access to basic essentials, and the right to decent living conditions.
• Non-compliance with laws safeguarding workers' rights and human dignity has been deemed violative of Article 21.

Empowering Individuals through Legal Protection:

• Legal interpretations have empowered individuals to demand their right to live with dignity, ensuring fair wages, safe working conditions, and respect for basic human rights.
• The judiciary plays a crucial role in enforcing the principles enshrined in Article 21 for the welfare of all individuals.

Right against Sexual Harassment at Workplace:

• Supreme Court held sexual harassment as violative of fundamental rights, including Right to Life in Article 21.
• Guidelines were laid down to prevent sexual harassment at workplace by ensuring gender parity.

Understanding Article 21 through Against Sexual Assault and Rape:

• Rape is a violation of the fundamental right to life under Article 21, destroying a woman's psychology and dignity.
• Rape is considered a heinous crime impacting the victim's human rights and dignity.

Right to Reputation and Article 21:

• Reputation is an essential part of life, protected under Article 21 along with life, liberty, and property.
• Judicial stance on protecting reputation involves sobriety, moderation, and natural justice principles.

Right to Livelihood:

• Initially, right to livelihood was not considered part of the right to life in Article 21.
• Later, the Supreme Court expanded the definition to include the right to livelihood under the right to life.

Right to Livelihood:

• Deprivation of livelihood can be challenged under Article 21 if not done through a fair and just procedure.
• Court rulings emphasize on the need for a just procedure before depriving someone of their right to livelihood.

Deprivation of Livelihood and Arbitrariness:

• Arbitrary layoffs without reason violate Article 21.
• Government servants have rights, but deprivation of livelihood can be justified by fair and just procedures.

Land Acquisition and Right to Livelihood:

• State acquisition of land, if done through legal procedures, does not violate the right to livelihood.
• Compensation is provided for land acquisition for public purposes.

Regulation and Right to Livelihood:

• Regulating certain activities, like video games, for public interest is not violative of Article 21.
• Deprivation of livelihood for activities detrimental to public interest is not protected under Article 21.

Right to Work:

• The right to carry on trade/business is distinguished from the concept of life under Article 21.
• Article 21 is not attracted in cases related to trade and business.

Right to Shelter:

• Right to shelter is considered a fundamental right under Article 21.
• Includes access to clean environment, basic amenities, and decent living conditions.

Right to Social Security:

• Right to social security and protection of family are integral aspects of the right to life under Article 21.
• Courts have emphasized the importance of socio-economic rights as part of the right to life.

Courts' Interpretation of Rights:

• Courts have clarified distinctions between rights to livelihood, trade, and shelter under Article 21.
• Various cases highlight the importance of fair procedures and justifications in matters concerning fundamental rights.

Protection of Threatened Groups:

• State's duty to protect threatened groups from assaults for constitutional and statutory obligations.
• Judicial cases emphasizing economic empowerment and security against sickness as fundamental rights.

Right to Life and Dignity:

• Recognition of the right to economic empowerment of disadvantaged groups.
• Rulings linking right to life with life insurance policies and protection against honor killings.

Right to Health and Medical Care:

• Inclusion of right to health and medical care under Article 21.
• Emphasis on the importance of providing minimum health standards for workers and preservation of life.

Emergency Medical Treatment:

• Development of the right to emergency treatment for individuals in critical conditions.
• Clarification that hospitals cannot refuse treatment based on financial constraints.

State's Obligation in Medical Care:

• State's obligation to provide medical aid without legal formalities for preserving life.
• Court's reinforcement of the obligation on medical professionals to extend services for protecting life.

Right to Die:

• Debate on the right to die within the context of Article 21.
• Decisions regarding the criminalization of suicide attempts and abetment under Section 309 IPC.

Suicide and Right to Life:

• The Indian Supreme Court has held that 'Right to life' does not include the right to suicide, as suicide is considered incompatible with the concept of right to life.
• There have been conflicting views on the criminalization of suicide attempts, with some advocating for its repeal.

Euthanasia and Right to Life:

• The Supreme Court of India has recognized the right to live with human dignity up to the end of natural life, including the right to die with dignity when life is ebbing out.
• Euthanasia has been distinguished from an attempt to commit suicide, and it may fall within the ambit of the right to live with human dignity.

Sentence of Death - Rarest of Rare Cases:

• The Law Commission of India recommended retention of capital punishment due to India's social diversity and other factors.
• There have been contrasting opinions within the judiciary, with some advocating for the abolition of the death penalty for certain crimes.

Right to Get Pollution Free Water and Air:

• The Supreme Court has held that the right to live under Article 21 includes the right of enjoyment of pollution-free water and air for full enjoyment of life.
• Several landmark cases have emphasized the importance of maintaining clean water and air for the protection of citizens' health and well-being.

Right to Clean Environment:

• The 'Right to Life' under Article 21 encompasses a life of dignity in a proper environment free from the dangers of diseases and infection.
• Several cases have addressed the significance of maintaining a clean environment for citizens' well-being, leading to specific directives and guidelines from the Supreme Court.

Right Against Noise Pollution:

• The Supreme Court has recognized the right to life with human dignity under Article 21 and has highlighted the impact of noise pollution on the quality of life.
• The Court has emphasized the right to prevent noise as a pollutant from reaching individuals and asserted the importance of peaceful and quiet living conditions.

Right to Know:

• The Supreme Court has underlined the importance of the right to know in a democracy, particularly in relation to government decisions affecting health, life, and livelihood.
• The right to know has been acknowledged as being closely linked to the fundamental right to life and personal liberty.

Personal Liberty:

• The Supreme Court has recognized the expanded dimensions and urgency of the right to life and personal liberty in the context of protecting fundamental freedoms and the conduct of state affairs.
• The right to personal liberty has been underscored as essential for effective democracy.

Evolution of Concept of Liberty in India:

• In India, personal liberty extends beyond bodily restraint.
• Rights and privileges essential for pursuing happiness are encompassed.

Interpretation of Right to Privacy in Indian Courts:

• Right to privacy considered integral to fundamental right to life and liberty.
• Derived from Article 21 and other provisions of the Constitution.

Cases Establishing Right to Privacy:

• Kharak Singh v. State of UP paved way for elaborating right to privacy under Article 21.
• Govind v. State of Madhya Pradesh accepted limited fundamental right to privacy.

Scope of Right to Privacy:

• Involves protection of telephonic conversations and medical information.
• Right to privacy subject to restrictions in compelling public interest.

Telephone Tapping and Privacy Rights:

• Telephonic conversations of innocent citizens protected against unauthorized tapping.
• Telephone tapping permissible under specific grounds and procedures in India.

Disclosure of Medical Information:

• Disclosure of dreadful diseases permissible for public health protection.
• Right to privacy not absolute, restrictions allowed for preventive measures.

Rights Retained by Prisoners:

• Lawful imprisonment does not result in losing all fundamental rights.
• Prisoners retain rights like a free citizen except those lost incidentally.

Liberty and Constitutional Validity:

• U. P. Police Regulations on domiciliary visits deemed unconstitutional as a deprivation of liberty.
• Right of an individual to be free from restrictions recognized by Indian Constitution.

Right to Privacy and Public Morality:

• The right to privacy is not absolute and may be subject to actions preventing crimes, maintaining disorder, protecting health, morals, and others' rights and freedoms.
• In Sharda v. Dharmpal, the Court ruled that in a divorce proceeding, directing parties to undergo a medical examination did not violate the right to privacy if supported by sufficient material.

Woman's Reproductive Choices:

• A woman's right to make reproductive choices includes refusal to participate in sexual activity or insistence on contraceptive methods like sterilisation.
• This right extends to carrying a pregnancy to full term and raising children.

Right to Travel Abroad:

• The Supreme Court, in various cases, recognized the right to travel abroad as part of 'personal liberty' under Article 21.
• The impounding of passports must stand the test of reasonableness to conform to fundamental rights.

Right Against Illegal Detention:

• Guidelines set in cases like Joginder Kumar and DK. Basu govern arrests and detentions ensuring legal and humane treatment.
• Any form of torture or inhuman treatment, even during interrogation, falls within Article 21's protection.

Article 21 and Prisoner's Rights:

• Article 21 protections extend to convicts in jail, ensuring their life and personal liberty cannot be deprived arbitrarily.
• The Court in Maneka Gandhi case broadened the interpretation of Article 21 in the context of prisoners' rights.

Right to Free Legal Aid & Right to Appeal:

• Free legal aid is intrinsic to fair procedures, ensuring the accused's right to appeal with legal assistance if unable to afford it.
• Safeguards for a fair trial must include free legal aid, timely judgement copies, and proper defence preparation.

Right to Speedy Trial:

• Hussainara Khatoon and A.R. Antulay cases emphasized the right to a speedy trial as part of fair, just, and reasonable procedure under Article 21.
• Delays in trials should be minimized to prevent undue prejudice to the accused and maintain fair legal proceedings.

Right to Fair Trial:

• A free and fair trial is considered fundamental under Article 21, ensuring justice for accused, victims, and society.
• Ensuring the right to a fair trial is essential for upholding constitutional principles and delivering justice.

Anticipatory bail:

• Statutory right, not under Article 21
• Not granted as a matter of right

Right against handcuffing:

• Considered inhuman and unreasonable
• Should only be used in cases of clear escape danger

Right against solitary confinement:

• Convicts retain fundamental rights
• Imposition of major punishments requires procedural safeguards

Right against custodial violence:

• Supreme Court against police brutality
• Atrocities classified as against human dignity

Death by hanging:

• Valid method, not violative of Article 21
• Considered least painful by Supreme Court

Right against public hanging:

• Unconstitutional and barbaric practice
• Violates Article 21's just and fair procedures

Delayed execution of death sentences:

• 2 years delay enough for Article 21 protection
• Unjust delays deemed unfair and unreasonable

Procedure established by law and Article 21:

• Interpretation of 'procedure established by law'
• Focus on fair and just procedures

Scope of Article 21:

• Article 21 of the Indian Constitution provides the right to life and personal liberty. This has been expanded to include the rights of non-smokers.

Impact of Delay in Investigation:

• Inordinate delays in investigations affect the rights of the accused as it keeps them in suspense about the outcome of the case.

Widened Scope of 'Procedure Established by Law':

• The Supreme Court has held that a person cannot be deprived of their life and liberty unless the procedure is just, fair, and reasonable.
• The procedure must comply with the principles of natural justice to be valid.

Article 21 and The Emergency:

• During the emergency of 1975, the people's fundamental freedoms lost meaning, leading to widespread denial of personal liberties.
• The 44th amendment in 1978 amended Article 359 to ensure the enforcement of fundamental rights guaranteed by Article 21 would not be suspended under a presidential order during an emergency.

Judicial View on Article 21:

• The Supreme Court has reaffirmed the right to health and medical care for workers under Article 21.
• Judicial activism has been observed in securing the right to shelter for the urban poor under Article 21.

Landmark Cases:

• The ADM Jabalpur v. S. Shukla case established that Article 21 was the sole repository of the right to life and personal liberty.
• The 44th amendment limited the wide connotation of Article 359, ensuring the preservation of personal liberties.

References:

• Legal Service India, Scribd, Academia.edu , Firstpost, HURIGHTS Online, Your Article Library, Law Reports India, IOSR Journal of Humanities and Social Science, Economic and Political Weekly, Indian Journal of Urology, Human Rights Law Network.

Understanding Article 21:

• Article 21 of the Indian Constitution guarantees the right to life and personal liberty.
• Several cases have elaborated on various aspects of this fundamental right.

Judgments and Legal Framework:

• Judgments like AIR 1996 SC 2721 and 2007 2 SCC 413 have shaped the interpretation of Article 21.
• Legal references such as Jain's 'Indian Constitutional Law' provide insights into this area.

Appreciation for the Information:

• Readers have found the information presented very useful and informative.
• The blog has been commended for providing in-depth discussions and helpful footnotes.

Practical Legal Queries:

• Practical legal questions have been raised, such as regarding ongoing investigations under CrPC.
• Concerns about privacy and the right to refuse certain information have been expressed.

Impacts of Article 21:

• The application of Article 21 in scenarios like floods and loss of life due to negligence has been noted.
• Questions regarding reservations and the pursuit of equal rights under Article 21 have been raised.

Reservation in Education and Jobs:

• The topic of reservations in education and jobs is discussed in detail.
• Questions are raised about the fairness and effectiveness of reservations.

Purpose of Reservations:

• Reservations aim for adequate representation in all fields as per the Indian Constitution.
• Challenges and perceptions regarding reservations are highlighted.

Relation between Liberty and Life:

• The connection between liberty and life is explored.
• Supreme Court's view on liberty and its essential rights are discussed.