Indian constitution
CHAUDHARI PRANAY VELJIBHAI.
190220119007.
TOPIC:-LIBERTY UNDER ARTICLE 21
Content
- Article 21 – protection of life and personal liberty. -
Meaning and concept of the right to life
Article 21- protection of life and
personal liberty
he right has been held to be the heart of the constitution, the most organic
d progressive provision in our living constitution, the foundation of our laws.
rticle 21 of the constitution gives the right to life, personal liberty, and right to
e with dignity. -A Person ‘s
rsonal liberty should not be deprived except as per law and after following,
e procedure laid down by law. - Term personal liberty does
t limit to the only body or prison it includes:. .
ght to sleep. . Right to
vel foreign. . Right to bail and
gal help. . Right against the use of
e third-degree method by police
only be claimed when a person is deprived of his life or
y by the state as defined in Article 21 violation of the right by
uals is not within the preview of Article 21. - Article 21
ghts:. . Right to life and.
nal liberty. - The
s the deprivation of the above rights except according to a
ablished by law. - Article 21 applies to
s. The right is available to every person, citizen or alien.
foreigner can claim this right. It, however, does not entitle a
ght to reside and settle in india.
Meaning and concept of the right to life
and personal liberty
the right to life, liberty and the security of person. - The
ndoubtedly the most fundamental of all rights. - Life as
der article 21 signifies not merely living or the physical act of
as a much more profound meaning that signifies the:. .
th human dignity;. . Right to
. Right to health;.
on- free air; and. .Righ to
fe. .Right to go
. Right to privacy;.
solitary confinement;. .Right
d execution;.
. Right to shelter;. .Right
against custodial death;. .Right against
public hanging and anything and everything that fulfils the criteria for a dignified
life. - All other rights add quality to
the life in question and depend on the pre-existance of life itself for their operation.
- As human rights can only attach to riving beings, one might expect the right to life
itself to be in some sense primary since none of the other rights would have any
value or utility without it. - There would have been
no fundamental rights worth mentioning if article 21 had been interpreted in its
original sense. - Article 21 of the constitution of
India,1950 provides that.No person shall be deprived of his life or personal liberty
except according to procedure established by law. Life, in article 21 of the
constitution is not merely the physical act of breathing. It does not indicate mere
animal existence or continued drudgery through life.
- It has a much wider meaning which includes the right to live with human
dignity, right to livelihood, right to health, right to pollution-free air, etc.
- The right to life is fundamental to our very existence without which we cannot
live as a human being and includes all those aspects of life, which go to make
a man’ s life meaningful, complete, and worth living. Under article 21,so many
rights have found shelter, growth and nourishment. Thus,bare necessities
minimum and basic requirements that are essential and unavoidable for a
person is the core concept of the right to life.
- In sunil Batra v. Delhi Administration, the supreme court reiterated with the
approval of the above observation and held that the right to life, including the
right to lead a healthy life so as to enjoy all facilities of the human body in their
prime conditions.
- It would even include the right to protection of a person’ s tradition, culture,
heritage and all that gives meaning to a man’ s life. It includes the right to live
in peace, to sleep in peace and the right to repose and health.
