Article 21 of the Indian Constitution - Right to life

Article 21 of the Indian Constitution - Right to life
April22

Posted In: Constitutional Law

Posted By: abhishek.ag2000

Tags: Indian Law, civil law, law

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Article 21 of the Indian Constitution - Right to life

ARTICLE 21 OF THE INDIAN CONSTITUTION

 

INTRODUCTION

The article forbids the violation of freedom even if the government follows the legal procedures. The Indian Constitution is built on Article 21. It is our Indian Constitution’s most organic and inclusive amendment. Fundamental rights are safeguarded by the Indian Constitution’s charter of rights. Article 21 addresses topics such as equality before the law, freedom of speech and opinion, moral and cultural liberty, and so on. Article 21 applies to all Indian people. It is also true for residents from other nations.

 

WHAT ARE THE PROTECTIONS AFFORDED BY ARTICLE 21?

There are two forms of privileges in Article 21:

  • Right to life.
  • Right to personal liberty.

 

  • Right to life

Any individual is entitled to life, liberty, and personal protection. In India’s Constitution, the right to life is a constitutional right. Human rights apply only to living things. The right to life is one of the essential liberties that people have. If Article 21 had been understood in its original context, there would have been no Constitutional Rights worth noting. The right to life is examined in this article, as the Supreme Court of India has defined it in several instances.

The right to life is a foundational feature of life without which we will be unable to survive as humans. It encompasses all facets of life that contribute to making a human being’s life significant, complete, and worthwhile. Just one clause of the Constitution has been granted the broadest reading possible. The right to shelter, development and nourishment is stated in Article 21 of the Indian Constitution is the absolute minimum and fundamental provisions for a person’s right to life.

The Kharak Singh vs. State of Uttar Pradesh is a case in point. The Supreme Court of India ruled that the right to privacy is not a constitutional right protected by the Indian Constitution.

  • Right to Personal Liberty

“No one shall be stripped of their personal liberty but following the law.”

As our Indian Constitution says, the security of our liberty is exclusively the duty of our law. As we will see, the Supreme Court is the protector of India’s Constitution. As a result, the Supreme Court’s prime duty, is to preserve and guarantee constitutional rights. As Indian residents, we have all of the fundamental rights granted by statute. As a result, we will use the Supreme Court to uphold it if our civil liberties are abused.

Since the right to a civil remedy is included in fundamental rights, the Supreme Court must practice Judicial Review by issuing writs or instructions to impose these fundamental rights. The Supreme Court has established the legal procedure as a stronghold for individual liberty.

Article 32 of the Constitution is the soul of the Indian Constitution, as well as the nucleus of the Indian Constitution since we only apply to Article 32 of the Indian Constitution when it comes to the right to existence of some other right that belongs to human beings.”

The Indian Constitution is the most valuable piece of legislation. The Constitution is the foundation for personal liberties in India. In no way is personal liberty exposed to detention, prosecution, or any type of physical coercion. Personal liberty is built on the foundation of positivity.

Case Law: In the case of Maneka Gandhi vs. Union of India, the Supreme Court reinterpreted Article 21 to conclude that the right to life entails not only physical survival but also the right to live in dignity.

 

WHAT IS RIGHT TO PRIVACY UNDER ARTICLE 21?

The definition and meaning of the right to life is given below:

Under Article 21 of the Constitution, the right to privacy is protected as an essential part of the right to life and personal liberty, and as part of the liberties secured by Part III of the Constitution. 

For the last 60 years, the right to privacy has evolved. It is perhaps the most consistent privilege in the Indian Constitution. Following two rulings, the right to privacy became a constitutional right. Privacy is a prerequisite for unrestricted freedom. The supreme court has not expressly granted citizens’ right to privacy as a constitutional right.

Under Article 21 of the Indian Constitution, the Supreme Court has established privacy as a part of life and personal liberty. Finally, the Supreme Court considers “the right to privacy” to be a fundamental right that does not need to be expressed independently and may be taken from Articles 14, 19, and 21 of the Indian Constitution.

The right to privacy is not unconditional, and it is still subject to fair limitations. To preserve the public interest, the state sets specific limits on the right to privacy. When it comes to keeping regimes responsible to people, the right to access and the right to privacy are similar in that they balance each other in holding governments accountable. The legislation gives information about all who are arrested by government authorities.

 

RTI AND PRIVACY: WHAT IS THE CONNECTION?

The relationship between privacy and Right to Information (“RTI”) is that they are two sides of the same coin, which implies that all actions are reciprocal protections that promote an individual’s right to privacy and government responsibility. This is the sort of important discussion we are concerned about. These regulations have been implemented by about 50 nations.

New technology and activities pose a threat to privacy, but RTI regulations include links to new information and networking technologies, as well as web pages providing searchable government documents.

Legal precedents: The case is Kharak Singh vs. The State of Uttar Pradesh and Others. The details of the case are as follows: This case involves dacoity; the petitioner was charged with dacoity, but he was acquitted when no proof was shown against him. However, police obtained a copy of his criminal records and put him under surveillance. Surveillance showed secret pickpocketing of offenders’ homes or entrances to their homes, as well as domiciliary calls at night. The petitioner challenged the constitutional validity of Uttar Pradesh police regulations in a writ petition filed under Article 32 of the Indian Constitution. The Supreme Court delivered a special decision and demanded an inquiry into the police officers and ruled that the petitioner’s privilege was infringed upon.

 

CONCLUSION

Finally, we believe that every Indian citizen’s right to life is a fundamental right. And no one has the authority to infringe on a person’s fundamental rights. If a public officer or government official abuses anyone’s fundamental right, that individual may file a grievance with the Supreme Court. Article 21 of the Indian Constitution dates back to the days of the Magna Carta. To begin with, our Indian Constitution is based on the Magna Carta. 

 

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