Saturday, 4 June 2022

Article 21; Right to life and personal liberty

 Article 21; Right to life and personal liberty

The Indian constitution was enforced on 26th January 1950. Our constitution is known as the longest written constitution. This was constitution was developed by the Ambedkar committee. The preamble of the Indian constitution talks about equality, liberty, secularism, democratic republic, etc. These words have been incorporated in the constitution in various articles.

The constitution mentions various rights but the most important rights are fundamental rights. These rights consist of the right to equality, right to freedom, right to life, etc. This paper talks about the right to life under article 21.

Article 21 can be claimed when a person is deprived of his life or personal liberty by the state as defined in article 12. This article provides 3 types of rights known as the right to life, the right to personal liberty, and the procedure established by the law.

This right is very important as every life is important with that comes the responsibility to secure the person.  It should be noted that all the other rights add quality to life whereas this right talks about life in general. This article applies to a natural person. This right is available to every person.  This right can be granted to the citizen, aliens as well as foreigners. 

 Case; Kharak Singh v. State of Uttar Pradesh in this it was held that by the term life as here used something more is meant than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by the amputation of the armored leg or the leg or the pulling out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world.

Right to dignity is another important right that is covered under the article, there is a famous case known as Sunil Batra v. Delhi Administration, in this case, the Supreme court held that the right to life included the right to lead a healthy life to enjoys all faculties 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.

Right to reputation, reputation is an integral part to sustain in. life, this was discussed in the case, Smt Kiran Bedi v. Committee of Inquiry, it was held that good reputation was an element of personal security and was protected by the constitution, equally with the right to the enjoyment of life, liberty, and property. The court affirmed the right to the enjoyment of life, liberty, and property. The court affirmed that the right to the enjoyment of private reputation was of ancient origin and was necessary to human society. 

Above is a brief explanation about the right to life, though this topic has many cases and there are many rights such as the right to livelihood, right to shelter, right to medical care are some other examples of the rights under this umbrella.

No comments:

Post a Comment

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional docum...