Right to life top judgement which shaped article 21. Protection of life and personal liberty article 21 law. Elaborating the principle of life and freedom of personal liberty. Article 21 right to life protection of right to life and personal liberty no person shall be deprived of his right to life or personal liberty except in accordance to procedure established by law, it includes right to live with dignity, privacy, health, shelter, free legal aid, free education till 14 yrs, information, travel abroad etc. Short essay on protection of life and personal liberty. However, this right cannot be claimed if there is a violation of the right by private individuals. A person can only be deprived from his right to life and personal liberty by procedure which is established by law. Article 5 federal constitution malaysia liberty of a peson. Nov 04, 2017 5 access to justice is a part of the fundamental right to life and personal liberty under article 21 of the constitution. Although the majority found that the constitution contained no explicit guarantee of a right to privacy, it read the right to personal liberty expansively to include a right to dignity. Supreme court opined that personal liberty was held to mean only liberty relating to or concerning the person or body of the individual, in the famous gopalan case. No one will be compelled to live a subhuman condition.
Article 21 of the constitution guarantees protection of life and personal liberty to every citizen. Though the phraseology of article 21 starts with negative word but the word no. Right to life and personal liberty in indian constitution. Under the canopy of article 21 so many rights have found shelter, growth and nourishment. Life or personal liberty includes a right to live with human dignity. Article 21 confers on every person the fundamental right to life and personal liberty. The supreme court has held that the right to live with human dignity, enshrined in article 21, derives from the directive principles of state policy and therefore includes protection of health. An overview of article 21 of the indian constitution international. For instance, some ingredients affect the circulatory system to step up blood flow to the genitals, while others immediately boost production and balance of hormones concerning sexual health.
Article 21 of the constitution of india the expanding. Article 5 protects your right to liberty and security it focuses on protecting individuals freedom from unreasonable detention, as opposed to protecting personal safety. The indian judiciary has included under the umbrella of right to life and liberty, right to free and fair trial, right to privacy, right to clean environment, right to food, sleep and even electricity. The right to have interview with the members of ones family and friends is clearly part of the personal liberty embodied in article 21. It provides an account of the content of this right. According to article 21 says, no person shall be deprived of his life or personal liberty except according. Speech on fundamental right to life and personal liberty in india. The article 21 mandates that no person shall be deprived of his life and personal liberty except according to the procedure established by law. Right to life is one of the basic fundamental rights and not even the state has the authority to violate or take away that right. Fundamental right under article 21 of the object personal liberty except according to procedure established by law is to prevent encroachment on and loss of life.
The article 21 of indian constitution sates that, no person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 is the heart and soul of the indian constitution, which speaks of the rights to life and personal liberty. Right to life and personal liberty in indian constitution rights to life and personal liberty are the most precious of fundamental rights. No person shall be deprived of his right to life and personal liberty except according to procedure established by law. Article 21 is protection of life and personal liberty no person shall be deprived of his life or personal liberty except according to procedure established by law. Everyone has the right to liberty and security of person. The expression of personal liberty in article 21 was given an expansive interpretation. It is headed under protection of life and personal liberty. Article 21 of indian constitution a mandate to pollution. The decision in mp sharma case which held that right to privacy is not protected by the constitution was overruled. Under the canopy of article 21, so many rights have found shelter, growth, and nourishment. Article 21 of the constitution of india right to life and personal liberty.
The right to life has gone on to be one of the core rights accepted by countries. The right to life includes those things which make life meaningful. Accordingly, no one shall e deprived o f his life or personal liberty except by adopting due procedure established buy law. Right to life and personal liberty article 21 ak gopalan v state of madras, 1951 honble supreme court held that the protection of article 21 is available only against the executive action. Article 21 confers on every person the fundamental right to life and personal liberty which. Unlike in domestic canadian law where the supreme court has at times characterized this right as a negative right preventing the government from interfering with this right, at international law, the right to life liberty and security of the person imposes a positive obligation on the government. Everyone has the right to life, liberty and security of. Article 21 of the constitution provides, no person shall be. Article 21 of the constitution of india right to life and personal. The people believed that nonprotection of their gender is a violation of article 14 and article 21 of the india constitution which highlights the right to equality and right to personal life and personal liberty respectively. This chapter focusses on the right to security of the person. Right to liberty and freedom of movement liberty victoria. The right to life and personal liberty enshrined in article 21 cannot be restricted to mere animal existence.
Article 3 is about much more than the death penalty. This sacred and cherished right of personal liberty has an important role to play in the life of every citizen. Nelfi amiera mizan multimedia university article 5 liberty of the person in all collections of human rights over the world, rights to life and personal liberty are the most precious among all. Expanding scope of right to life and liberty under article 21. Although, the sentence structure here starts with no, which might suggest negativity, it means deprived. Essay on the right to life worlds largest collection. Article 21 14 famous cases on right to life and personal. Right to privacy under article 21 and the related conflicts. Protection of life and personal liberty no person shall be deprived of his life or personal liberty except according to procedure established by law. The legislature cannot deprive a person from right to life and personal liberty even by making a law. The court also rejected the argument that the right to life under article 21 would include the right of employment at the present point of time. It means something much more than just physical survival.
Both the terms, life and personal liberty has been given a very expansive and wide amplitude covering a variety of rights. The court said that article 21 of the constitution guarantees life and personal liberty to all persons it guarantees a right of persons to life with human dignity. Along with the right to life, the right to liberty is one of the most fundamental human rights. Articles 21 and 22 of the constitution of india look to secure these rights. Articles 21 and 22 of the constitution of india seek to secure these rights. The courts have not limited the ambit of life to the above rights but also to a plethora of others. Protection of life and personal liberty and implied. The right to privacy in india has developed through a series of decisions over the past 60 years.
Article 21 provides the right to life and personal liberty, in a very broad sense, and vicarious liability deals with providing the compensation to injured. Fundamental right under article 21 of the object personal liberty except according to procedure established by law is to prevent. Rights to life and individual freedom are the most valuable of key rights. No person shall be deprived of his life or personal liberty except according to a. Nov, 2015 the meanings of the expressions life and personal liberty in article 21 were considered by this court in kharak singhs case. The right to liberty is the right of all persons to freedom of their person freedom of movement and freedom from arbitrary detention by others. Right to privacy is an essential component of right to life and personal liberty under article 21. In india, right to life and personal liberty is given in article 21. Article 21 of the constitution of india deals with the protection of life and personal liberty enshrined under the fundamental rights.
Maneka gandhis decision earlier, in section 21, only the citizens against the arbitrary right to life and personal liberty, and is not guaranteed to. Article 21 of indian constitution protection of life and personal liberty article 21 according to article 21, no person shall be deprived of his life or personal liberty except according to procedure established by law. Mar 10, 20 article 21 says that no person shall be deprived of his life or personal liberty except according to procedure established by law. Following are the rights of prisoners which are implicitly provided under the article 21 of the constitution of india. Dec 09, 20 the study of right to life is indeed a study of the supreme court as a guardian of fundamental human rights. This right extends to citizens as well as noncitizens. The study of right to life is indeed a study of the supreme court as a guardian. While hundreds of thousands of men, women and children are trying to survive amid the ruins of gaza, we would only make one wish for 2009. The case was instituted to protect the rights of transgendered persons as the third gender in india.
Celebrity provisions of section 21 of the indian constitution and the people as a fundamental right to occupy a unique place. Apr 10, 2020 under the canopy of article 21, so many rights have found shelter, growth, and nourishment. The term personal liberty in article 21 means nothing more than liberty of physical body, that is, freedom from arrest and detention without the authority of law. Article 21, though couched in negative language, confers on every person the fundamental right to life and personal liberty. Judicial activism under article 21 and personal laws. The right to protection of life and personal liberty is. Essay on the right to life article 21 of the constitution provides. Examination of article 21 right to life and personal liberty wwjmrd. Historically, the protection of individual liberty was one of the crowning achievements of the common law. Right to life, liberty and security of the person social. Indias supreme court upholds right to privacy as a. Right of privacy may, apart from contract, also arise out of a particular specific relationship, which may be commercial, matrimonial or even political. Right to life and personal liberty under the constitution of.
Importance of life and personal liberty analysis of art. The right to life is one of the most fundamental human rights enshrined in international law. As describe above, article 21 of the constitution of india states that, no person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 of the indian constitution, 1950, guarantees the right to life to all persons within the territory of india and states. Article 21 right to life and personal liberty has been guaranteed under the article 21 of the indian constitution.
Therein are included, all the aspects of life which go to make a persons life meaning full, complete and worth living. Right to life and personal liberty under the constitution. One could deprive from his life and personal liberty. This article states thatno person shall be deprived of his life or personal liberty except according to procedure established by law. It says that, no person shall be deprived of his life or personal liberty except according to procedure established by law. Its the most important right, hence it has guaranteed by all most all countries under the respective constitutions. As per article 21, protection of life and personal liberty has been granted to every one without any discrimination on ground of caste, race, religion, language and sex. Right to life personal liberty and right against arbitrary. Article 21 is the celebrity provision of the indian constitution and occupies a unique place as a fundamental right. In this article shivangi sinha discusses, article 21, right to life and personal liberty.
This article protects the right of life and personal liberty not only from executive action but also from the legislative action. The very concept of vicarious liability under article 21 is new one. The rights given by article 21 of constitution of india. No person shall be deprived of his life or personal liberty except according to procedure established by law. Life, liberty and security of person nz human rights. Death sentence while satisfying rarest of the rare case theory. Article 31 of the japanese constitution, upon which article 21 of our constitution is modeled, also proceeds upon the same principle. Article 5 federal constitution malaysia liberty of a peson 1. The supreme court held that the right to live is not merely confined to physical existence but it includes within its ambit the right to live with human dignity. By article 21 of the indian constitution it is clear that it is available not only for free people but also to those people behind the prison. Article 21 of the constitution right to life and personal.
There have been numerous other decisions of the supreme court where the court has emphasised and reemphasised its liberal outlook on the question of protection of life and personal liberty. Personal liberty is a fundamental condition, which everyone should generally enjoy. Right to life and personal liberty is the primordial right which every human being everywhere at all times ought to have. Aug 28, 2017 the right to privacy is protected as an intrinsic part of the right to life and personal liberty under article 21 and as a part of the freedoms guaranteed by part iii of the constitution. Article 21 of indian constitution grants right to life only. The right to life and personal liberty in accordance with the procedure established by law is guarantee by article 21 of the indian constitution. Article 21 can be claimed by a person only when the state as defined in article 12 deprives a person of his life or personal liberty. Article 21 of indian constitution right to life and. The right to privacy is protected as an intrinsic part of the right to life and personal liberty under article 21 and as a part of the freedoms guaranteed by part iii of the constitution. As you all know, article 21 deals with one of the fundamental rights guaranteed by the constitution of india. Pain relief people of various ages facea great deal of pain in muscles of the shoulder, back, feet, legs and back. Though the phraseology of article 21 starts with negative word but the word no has been used in relation to the word deprived.
No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law. By smarika azad on jul 4, 20 lex articles, lex bulletin. It guarantees right to life and personal liberty to citizens and aliens and is enforceable against the state. This chapter considers the right to life and personal liberty guaranteed in article 21 of the indian constitution. The wellreasoned judgement authored by honble justice dipak misra addresses each of these concerns and holds the right to reputation to be an integral part of articles 21 and 192 of the. The fundamental right to health care indian journal of.
Thus, the bare necessities, minimum and basic requirements that is essential and unavoidable for a person is the core concept of right to life. Everyone has the right to life, liberty and security. Article 21 of the constitution of india right to life. Right to life does not mean only the animal existence.
Article 21 of the constitution of india the expanding horizons. It is a fundamental right included in part 3 of the indian. Gopalan, air 1950 sc 27 before maneka gandhi air 1978 sc 597 maneka gandhi v. The right to life constitutes one of the main human rights and freedoms, foreseen by article 21 of the albanian constitution and article 2 of european human rights convention.
Protection of life and personal liberty article 21 law vidyamitra. Thus, the court gave a new dimension to article 21 in the maneka gandhi case. Deprivation of personal liberty or to intrude on another persons life is an act of private individual amounts. Right to life and personal liberty is available to the citizens as well as noncitizens. Article 21 of the constitution of india right to life and. The supreme court has constantly expanded meaning and scope of article 21. Role of judiciary in protecting the rights of prisoners. Apr 15, 2014 article 21 right to life protection of right to life and personal liberty no person shall be deprived of his right to life or personal liberty except in accordance to procedure established by law, it includes right to live with dignity, privacy, health, shelter, free legal aid, free education till 14 yrs, information, travel abroad etc. Dec 25, 2017 article 21 can only be claimed when a person is deprived of his life or personal liberty by the state as defined in article 12. It guarantees right to life and personal liberty to citizens and aliens and is enforceable against state. The study of right to life is indeed a study of the supreme court as a guardian of fundamental human rights. One of these rights is provided under article 21 which reads as follows. In india, right to life and personal liberty is given in article 21 of the constitution. The term personal liberty in article 21 means nothing more than liberty of physical body, that is, freedom from arrest and detention without the.
Thus, the bare necessities, minimum and basic requirements those are essential, and unavoidable for a person is the core concept of the right to life. The right to life and personal liberty is guaranteed by the indian constitution in part iii under the category of right to freedom articles 1922. Since the enactment of indian constitution, the scope of article 21 has widened according to the changing needs of society. Article 21 ensures every person right to life and personal liberty.