Points to Remember:
- Article 21 guarantees the right to life and personal liberty.
- This right is not absolute and can be subject to reasonable restrictions.
- The scope of Article 21 has been expanded significantly through judicial interpretation.
- It encompasses various fundamental rights beyond mere survival.
- The state has a duty to protect and promote this right.
Introduction:
Article 21 of the Constitution of India, a cornerstone of fundamental rights, guarantees to all persons within the territory of India the right to life and personal liberty. It states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This seemingly simple sentence has been the subject of extensive judicial interpretation, evolving from a narrow understanding of physical survival to encompass a wide range of rights essential for a dignified human existence. The Supreme Court of India has played a crucial role in expanding its scope, recognizing that the right to life is not merely the absence of death but the right to live with human dignity.
Body:
1. The Right to Life:
The right to life, as interpreted by the Supreme Court, goes far beyond the mere absence of physical death. It includes the right to a dignified existence, encompassing:
- Right to livelihood: The right to earn a living and secure basic necessities is integral to the right to life. Cases like Olga Tellis v. Bombay Municipal Corporation established this crucial aspect.
- Right to health: Access to healthcare, including preventive and curative services, is considered essential for a meaningful life. The state’s responsibility to provide adequate healthcare facilities has been repeatedly emphasized by the courts.
- Right to clean environment: A healthy environment is crucial for survival and well-being. The Supreme Court has recognized the right to a pollution-free environment as an integral part of Article 21. Cases related to environmental protection, such as those concerning the Ganga river, exemplify this.
- Right to education: Education is vital for personal growth and societal progress. The right to education, though now a separate fundamental right under Article 21A, is intrinsically linked to the right to life.
- Right to shelter: Access to adequate housing is essential for a dignified life. The state’s obligation to provide shelter for the homeless has been recognized by the courts.
2. Personal Liberty:
Personal liberty, as guaranteed under Article 21, encompasses a wide range of freedoms, including:
- Freedom of movement: The right to travel freely within the country is a crucial aspect of personal liberty.
- Freedom of speech and expression: While a separate fundamental right (Article 19), it is intrinsically linked to personal liberty and a dignified life.
- Freedom from arbitrary arrest and detention: The “procedure established by law” clause requires that any deprivation of liberty must be in accordance with a valid legal process, preventing arbitrary actions by the state. Habeas corpus is a crucial safeguard in this regard.
- Protection against torture and inhuman treatment: The Supreme Court has consistently condemned torture and inhuman treatment, recognizing them as violations of Article 21.
- Right to privacy: The Supreme Court’s judgment in Puttaswamy v. Union of India recognized the right to privacy as a fundamental right flowing from Article 21.
3. Reasonable Restrictions:
While Article 21 guarantees the right to life and personal liberty, it is not absolute. The state can impose reasonable restrictions on these rights in the interest of public order, morality, health, and other legitimate state goals. However, such restrictions must be proportionate and justified.
Conclusion:
Article 21 of the Indian Constitution, through judicial interpretation, has evolved into a powerful safeguard of human dignity and fundamental rights. It encompasses a wide range of rights beyond mere physical survival, including the right to livelihood, health, education, and a clean environment. While the state can impose reasonable restrictions, these must be justified and proportionate. Moving forward, a holistic approach is needed to ensure that Article 21 is effectively implemented, particularly for marginalized and vulnerable sections of society. This requires strengthening healthcare infrastructure, promoting inclusive education, ensuring environmental protection, and upholding the rule of law to prevent arbitrary deprivation of liberty. By upholding the principles of Article 21, India can strive towards a society that guarantees a dignified life for all its citizens, fostering sustainable development and upholding constitutional values.
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