Article 21 of the Indian Constitution guarantees the Right to Life and Personal
Liberty. It states: “No person shall be deprived of his life or personal liberty
except according to the procedure established by law.” Over the years, the
Supreme Court has expanded the scope of Article 21, making it one of the
most fundamental and wide-reaching rights.
Grounds for Violation of Article 21
1. Arbitrary Deprivation of Life: Any act by the state that results in the
arbitrary or extrajudicial killing of a person without due process is a
violation of Article 21.
2. Violation of Personal Liberty: Illegal detention, wrongful imprisonment,
or arrest without following the due process of law constitutes a
violation of personal liberty under Article 21.
3. Denial of a Fair Trial: Article 21 encompasses the right to a fair trial. If
someone is denied legal representation, or if there are undue delays or
biases in judicial proceedings, it is considered a violation of Article 21.
4. Torture and Inhuman Treatment: Torture, inhumane treatment, and
custodial violence by law enforcement agencies violate the right to life
and dignity under Article 21.
5. Right to Privacy: After the Supreme Court’s judgment in the K.S.
Puttaswamy v. Union of India (2017) case, the right to privacy has been
recognized as a part of Article 21. Any breach of an individual’s
privacy, such as surveillance or unauthorized use of personal data,
violates this right.
6. Right to Livelihood: The Supreme Court has interpreted the right to life
to include the right to livelihood. Actions like arbitrary eviction,
wrongful termination of employment, or destruction of livelihood
means can be grounds for violation.
7. Right to Shelter: The right to shelter is considered essential for a life of
dignity. Denying people access to basic housing or forcefully evicting
them without rehabilitation may violate Article 21.
8. Right to Health: Article 21 has been interpreted to include the right to
health. Inadequate healthcare facilities, denial of emergency medical
services, or negligence in providing essential medicines can violate this
right.
9. Right to Clean Environment: A clean and pollution-free environment is
also recognized under Article 21. Pollution, deforestation, and other
environmental hazards impacting health and life can be seen as a
violation.
10. Right to Education: The right to life includes access to basic
education, especially for children under the Right to Education Act
(RTE). Denial of education opportunities can be challenged as a
violation of Article 21.
11. Right to Die with Dignity: The Supreme Court, in cases like Aruna
Shanbaug v. Union of India (2011), has recognized passive euthanasia
under the right to die with dignity as part of Article 21.
Summary
Article 21’s violation can be challenged whenever the state or its agencies
engage in actions or policies that deprive individuals of their fundamental
rights to life and personal liberty without following due legal procedures or
deny them the basic necessities essential for living with dignity.
