What are the rights within the ambit of Article 21 of the Indian Constitution?

by

Points to Remember:

  • Article 21 guarantees the right to life and personal liberty.
  • This right is not absolute and can be subject to reasonable restrictions.
  • The scope of Article 21 has been expanded significantly through judicial interpretation.
  • Several rights have been held to be encompassed within the ambit of Article 21.

Introduction:

Article 21 of the Indian Constitution is a cornerstone of fundamental rights, guaranteeing to all persons “protection of life and personal liberty.” It’s a broad and dynamic provision, initially interpreted narrowly but subsequently expanded significantly by the Supreme Court of India through landmark judgments. The phrase “personal liberty” is not defined explicitly, allowing for judicial interpretation to encompass a wide range of rights crucial for a dignified human existence. The Supreme Court has consistently emphasized that Article 21 is the heart and soul of the Constitution, reflecting its commitment to human dignity and fundamental freedoms.

Body:

1. Right to Life: This is the most fundamental aspect of Article 21. It encompasses not merely the right to be alive but also the right to live with dignity. This includes the right to a decent standard of living, access to food, shelter, and healthcare. The Supreme Court’s judgment in Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) highlighted the right to livelihood as an integral part of the right to life.

2. Right to Personal Liberty: This includes freedom from arbitrary arrest and detention, the right to move freely throughout the country, and freedom from unlawful confinement. The Supreme Court has consistently upheld the right to personal liberty against state encroachment, emphasizing due process and fair trial procedures. The landmark case of Maneka Gandhi v. Union of India (1978) significantly broadened the interpretation of Article 21, linking it to procedural fairness and the principles of natural justice.

3. Right to Privacy: While not explicitly mentioned in Article 21, the Supreme Court in Puttaswamy v. Union of India (2017) recognized the right to privacy as a fundamental right inherent in Article 21. This decision has far-reaching implications, impacting areas like data protection, surveillance, and bodily autonomy.

4. Right to Education: The right to free and compulsory education for children aged 6-14 years is guaranteed under Article 21A, which was added through the 86th Amendment Act of 2002. This underscores the importance of education for a meaningful life and the state’s responsibility to ensure access to education for all children.

5. Right to Health: Access to healthcare is considered an essential component of the right to life. The Supreme Court has directed the state to provide adequate healthcare facilities, particularly to vulnerable sections of society. Cases related to environmental pollution and its impact on public health have also been addressed under Article 21.

6. Right to Shelter: The right to adequate housing is recognized as a crucial aspect of the right to life. The state has a responsibility to ensure access to affordable and decent housing, particularly for the marginalized and homeless populations.

7. Right to Clean Environment: The right to a clean and healthy environment has been increasingly recognized as an integral part of Article 21. The Supreme Court has intervened in cases involving environmental pollution, directing the state to take measures to protect the environment and public health.

Conclusion:

Article 21 of the Indian Constitution, while seemingly simple in its wording, has evolved into a powerful instrument for protecting fundamental human rights. The Supreme Court’s expansive interpretation has ensured that it encompasses a wide range of rights essential for a dignified and meaningful life. While the right is not absolute and can be subjected to reasonable restrictions, the onus is on the state to demonstrate the necessity and proportionality of such restrictions. Moving forward, it is crucial to strengthen mechanisms for ensuring the effective implementation of these rights, particularly for marginalized and vulnerable groups. This requires a holistic approach involving legislative reforms, judicial activism, and robust governmental action, all aimed at promoting a just and equitable society that upholds the constitutional values of liberty, equality, and dignity for all. By continuously expanding the scope of Article 21 and ensuring its effective implementation, India can strive towards a more just and equitable society for all its citizens.

UPPCS Notes brings Prelims and Mains programs for UPPCS Prelims and UPPCS Mains Exam preparation. Various Programs initiated by UPPCS Notes are as follows:- For any doubt, Just leave us a Chat or Fill us a querry––