This article is written by Vivek Pandey during his internship with LeDroit India.
ABSTRACT
Right to life and personal liberty is most recognised right by the Human right activist and in democratic society. This right is also recognised in India in the article 21 of the Indian Constitution. This article deals with the role and significance of article 21 of the Constitution. This article talks about the judgement that are given by the court in relation to the article. It will also discuss its importance in the life of common people and significance in their life. It also talks about the evolution of article by the judgement from narrower to broader approach.
INTRODUCTION
The right to life and personal liberty is define under article 21 of Indian Constitution, it states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” Article 21 only define in one line but its implication is lot more than that. It is the basic right of any individual and no one can take it from it. It is mere text in the constitution but as time goes and judiciary interpret it then it became the most important right of the person. As it is the article which gave the right of choose to their personal liberty in any matter and can live their life without any interference.
LANDMARK CASES
A.K GOPALAN V. STATE OF MADRAS 1
It narrows down the scope of the right to life and personal liberty and says that liberty means liberty of body and law means the statue made by state. So, it only does the literal meaning of the article and curb down the right of individual.
R.C. COOPER V. U.O.I.2
This case reverses the judgement of the above one and said that right to life and personal liberty include the six fundamental right that are mention in the act. This judgement enlarges the scope of the as it includes all the right that are given in the fundamental right. Because of this person can come to the court under the infringement of fundamental right also.
MANEKA GANDHI V. U.O.I.3
In this case court held that the right to life and personal liberty includes to live with dignity and not mere animal life. It also says that the law that is made by the state must be just, fair and equitable under the constitution. By this court give right to life with the dignity as the fundamental right.
OLGA TELLIS V. BOMBAY MUNCIPAL COORPORATION 4
In this case court held that right to life also include right to livelihood. It held that the eviction of pavement dwellers without providing alternative arrangements would violate their right to life and personal liberty. By this it gave the livelihood right to the people.
NATIONAL LEGAL SERVICE AUTHORITY V. U.O.I &OTHERS5
In this case there is the right of the transgender and court held that right to personal liberty give them choice of gender and all the right that is given to the normal people will be given to them as well under the fundamental right that is ensured by the constitution. It is the landmark judgement for the transgender as it gives the recognition to them and their right.
VISHAKA V. STATE OF RAJASTHAN 6
This is the famous case of the prevention of sexual harassment at work place. In this case court held that right to safe and secure environment at workplace comes under the ambit of right to life and personal liberty. Court gives guideline to curb these incidents.
K.S. PUTTASWAMY V. U.O.I.7
In landmark case the court says that right to privacy is fundamental right under article 21 of the constitution. It gives the way to the data privacy law in the India. It widens the scope of the article 21 and give more right to the person.
COMMON CAUSE V. U.O.I8
Court legalises the passive euthanasia and recognised the right to die with dignity is a fundamental right under article 21 in the constitution. It gives the right to the people of peace full die to the person.
MC MEHTA V. U.O.I 9
In this Case court held that it is right of every person to get the pollution free environment. Because of this now it is on the pressure on the government to make the society such that it has the pollution free environment.
HUSSAINARA KHATOON V. STATE OF RAJASTHAN10
In this case court take the notice of the under-trial prisoner which have done their term in the jail if they are convicted but still, they are there. So, court held that right to access of justice is also covered under the article 21 of Indian Constitution.
So, these are the cases which change the dimension of the article 21 of the constitution and give the wide scope of the article which further help the people to get their right from the government.
DIFFERENT DIMENSION OF RIGHT TO LIFE AND PERSONAL LIBERTY
RIGHT TO PRIVACY
The main thing that the widen of the article give is everyone has the right to privacy and no one can infringe it. The basic of every human being and it must be respected by everyone.
RIGHT TO HEALTH AND MEDICAL AID
The right to life and personal liberty also gives the scope of the right to health and medical aid to every people. It gave the chance to the poor people that they can avail the public government hospital without any difficulty and it is the right of the government to work upon this to make it better.
RIGHT TO CLEAN AND HEALTHY ENVIRONMENT
It is the right that is not in the frame but as the society grows and development made it is the basic right of every individual in the country. It will give them the opportunity to make their life better and live in better space.
RIGHT TO EDUCATION
The right to life and personal liberty also includes the basic education that is needed to be given to the people. As because of this article 21(A) of the constitution included in the constitution of India. It gave right to every child to have basic education till the age of 14. This is the major case which gave power to poor people to change their circumstances.
RIGHT TO ACESS JUSTICE
This right is also conferred by the article 21 of the constitution. It means law will not discriminate on the status of the person and also it gave equal opportunity to every individual to be represented in the court of law. As without representation the justice cannot be done.
REFERENCES
- Constitution of India, 1950
