Right to Life – Article 21 of the Indian Constitution- The Indian Constitution, a comprehensive and dynamic document, enshrines a plethora of rights and liberties for its citizens. Among these, Article 21 stands out as a cornerstone, guaranteeing the fundamental right to life and personal liberty. This article, often hailed as the heart of fundamental rights, has been expansively interpreted by the judiciary to encompass a wide range of human rights.
Text of Article 21
The text of Article 21 of the Indian Constitution is succinct yet profound:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Despite its brevity, the interpretation of this article has been expansive, ensuring a broad spectrum of rights under its ambit.
(Constitutional Lawyers in Chandigarh)
Judicial Interpretation and Expansive Scope
Over the years, the Indian judiciary has played a pivotal role in interpreting Article 21. The Supreme Court of India, in particular, has expanded the meaning of the “right to life” beyond mere animal existence to include a life of dignity. This expansive interpretation began with landmark judgments and has continued to evolve, covering various dimensions of human life.
Right to Live with Dignity
In the landmark case of Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to life is not merely confined to physical existence but includes within its ambit the right to live with human dignity. This judgment marked a significant shift, emphasizing that laws affecting personal liberty must not be arbitrary, unfair, or unreasonable.
Right to Privacy
Another milestone was the recognition of the right to privacy as a fundamental right under Article 21. In Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors. (2017), the Supreme Court declared that the right to privacy is intrinsic to the right to life and personal liberty, underscoring its fundamental importance in a democratic society.
Right to Health and Clean Environment
Article 21 has also been interpreted to include the right to health and a clean environment. In Subhash Kumar v. State of Bihar (1991), the Court held that the right to life includes the right to enjoy pollution-free water and air. Similarly, the right to health was upheld in State of Punjab v. Mohinder Singh Chawla (1997), emphasizing that health is integral to a life of dignity.
Procedural Safeguards
While Article 21 ensures the right to life and personal liberty, it also mandates that any deprivation of these rights must follow a procedure established by law. This means that any law interfering with personal liberty must be just, fair, and reasonable. This procedural safeguard is crucial in preventing arbitrary actions by the state.
Challenges and Contemporary Issues
Despite the robust legal framework, the right to life faces numerous challenges in contemporary India. Issues such as custodial deaths, extrajudicial killings, and inadequate healthcare facilities often infringe upon this fundamental right. The judiciary and civil society must remain vigilant to ensure that the spirit of Article 21 is upheld in practice.
Conclusion
Article 21 of the Indian Constitution is a testament to the nation’s commitment to protecting and promoting the right to life and personal liberty. Through progressive judicial interpretations, this article has evolved to encompass a wide array of rights essential for a life of dignity. As India continues to develop, it is imperative to uphold these rights and address emerging challenges to ensure that every individual enjoys the full benefits of the right to life.
Further Reading
For those interested in delving deeper into the nuances of Article 21 and its interpretations, here are some recommended readings:
- Indian Constitutional Law by M.P. Jain
- Constitution of India by P.M. Bakshi
- Judgments of the Supreme Court of India on Fundamental Rights
By understanding and appreciating the scope and significance of Article 21, we can better advocate for and protect the fundamental rights that form the bedrock of a just and equitable society. For more insights and detailed analysis, visit Legal Eye.
