Article 21 – Right to Life Under Indian Constitution

Article 21 – Right to Life Under Indian Constitution

Article 21 is a fundamental right guaranteed by the Indian Constitution, and it plays a crucial role in protecting the personal liberty and rights of citizens. Here's a detailed explanation of its importance:

1. **Protection of Life and Personal Liberty:** Article 21 states that "No person shall be deprived of his life or personal liberty except according to a procedure established by law." This means that no one can be arbitrarily deprived of their life or personal freedom. It serves as a safeguard against unlawful detention and extrajudicial actions by the government.

2. **Expansive Interpretation:** Over the years, the Indian judiciary has interpreted Article 21 expansively to encompass various aspects of human rights, including the right to live with dignity, the right to privacy, and protection from torture and inhuman treatment. This has led to the evolution of a wide range of rights falling under its ambit.

3. **Right to Privacy:** The Supreme Court of India, in the landmark judgment of Justice K.S. Puttaswamy (Retd.) v. Union of India in 2017, declared that the right to privacy is a fundamental right under Article 21. This decision has significant implications for data protection, surveillance, and personal autonomy.

4. **Protection Against Torture:** Article 21 safeguards individuals from torture and cruel, inhuman, or degrading treatment or punishment. It aligns with India's commitment to international conventions like the UN Convention Against Torture.

5. **Right to Legal Representation:** The right to a fair trial is an essential component of Article 21. It ensures that individuals accused of a crime have the right to legal representation and a fair legal process.

6. **Preventive Detention:** While Article 21 ensures protection against arbitrary detention, it also allows for preventive detention under specific circumstances. However, this detention must adhere to established legal procedures and safeguards.

7. **Social Justice:** The interpretation of Article 21 has been extended to include socio-economic rights. The courts have ruled that the right to life includes the right to a clean environment, adequate healthcare, and a reasonable standard of living.

8. **Gender Justice:** Article 21 has been instrumental in addressing issues related to gender justice. It has been used to protect women's rights, including the right to choose their life partner and protection from domestic violence.

9. **Balancing State Interests:** Article 21 does allow for restrictions on personal liberty in the interest of the state, but these restrictions must be reasonable, proportionate, and established through a legal procedure.

In summary, Article 21 of the Indian Constitution is of paramount importance as it safeguards the fundamental rights to life and personal liberty and has been interpreted broadly by the courts to protect various aspects of human rights and social justice. It plays a critical role in ensuring that individuals are treated with dignity and fairness under the law.

Some landmark judgements :

• Kharak Singh v. State of Uttar Pradesh

• Sunil Batra v. Delhi Administration

• Vishakha v. State of Rajasthan

• Chameli Singh v. State of U.P

• Parmananda Katar v. Union of India

• Essar Oil Ltd. v. Halar Utkarsh Samiti

• Mohini Jain v. State of Karnataka

• K.S Puttuswamy vs UOI

AUTHOR: GUNGEET KAUR , A Student of (ARMY INSTITUTE OF LAW)