Points to Remember:
- Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty.
- This right is not absolute and can be subject to reasonable restrictions.
- Several Supreme Court judgments have shaped the interpretation and scope of this fundamental right.
- The right encompasses various aspects beyond mere physical existence.
Introduction:
The Indian Constitution, in Article 21, enshrines the Right to Life and Personal Liberty as a fundamental right. This is arguably the most crucial fundamental right, forming the bedrock of a free and just society. It’s not merely the right to exist but encompasses a broad spectrum of freedoms essential for a dignified human life. The Supreme Court of India, through numerous landmark judgments, has expansively interpreted this right, extending its protective umbrella to encompass various facets of human existence, often beyond the literal meaning of “life” and “liberty.”
Body:
1. Scope and Interpretation of Article 21:
Article 21 states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The phrase “procedure established by law” has been a subject of extensive judicial scrutiny. Initially, a narrow interpretation prevailed, focusing solely on the legality of the procedure. However, the Supreme Court, in Maneka Gandhi v. Union of India (1978), shifted to a broader interpretation, emphasizing the need for the procedure to be “just, fair, and reasonable.” This landmark judgment infused Article 21 with the principles of due process and natural justice.
2. Expansion of Article 21:
The Supreme Court has progressively expanded the scope of Article 21 to include various rights, including:
- Right to Livelihood: The court has recognized the right to earn a livelihood as an integral part of the right to life. This has implications for employment, fair wages, and protection against exploitation.
- Right to Education: The right to education has been held to be implicit in Article 21, leading to the enactment of the Right to Education Act, 2009.
- Right to Health: Access to healthcare and a healthy environment are considered essential components of the right to life. The court has intervened in cases concerning environmental pollution and inadequate healthcare facilities.
- Right to Privacy: The Supreme Court, in Puttaswamy v. Union of India (2017), declared the right to privacy as a fundamental right, inherent in Article 21. This significantly broadened the scope of personal liberty.
- Right to Shelter: The right to adequate housing has been recognized as a crucial aspect of the right to life, particularly for marginalized communities.
- Protection against custodial violence and torture: The court has consistently condemned custodial violence and torture, emphasizing the state’s obligation to protect the life and liberty of individuals in its custody.
3. Reasonable Restrictions on Article 21:
While Article 21 guarantees the right to life and personal liberty, it is not absolute. The Constitution allows for reasonable restrictions in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. The courts scrutinize these restrictions to ensure they are proportionate and justified.
Conclusion:
Article 21 of the Indian Constitution, through judicial interpretation, has evolved into a powerful instrument for protecting fundamental human rights. Its expansive scope ensures that the right to life and personal liberty is not confined to mere physical existence but encompasses a wide range of rights essential for a dignified and meaningful life. While reasonable restrictions are permissible, the courts play a crucial role in ensuring that these restrictions do not unduly infringe upon the fundamental rights of citizens. Moving forward, strengthening the implementation of laws and policies aimed at ensuring access to education, healthcare, livelihood, and a safe environment is crucial for realizing the full potential of Article 21 and promoting a just and equitable society. This holistic approach, grounded in constitutional values, will pave the way for sustainable and inclusive development, ensuring that the right to life and personal liberty is a reality for all citizens.