what ia article 21...
Answers
Answer:
Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law
Explanation:
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Answer:
Article 21 of the Indian Constitution – A Fundamental Right
Article 21 of the Constitution of India states that “No person shall be deprived of his life or his personal liberty except according to a procedure established by law.” This right applies to every person and not just to citizens. The words “life” and “personal liberty” have been interpreted in a wide manner by the Supreme Court of India. Therefore Article 21 itself is a code of rights that captures the heart and soul of the Constitution by prioritizing the freedoms of an individual and protecting them from the might of the State. The Indian constitution has a unique balance between fundamental duties in India and rights.
"Article 21 lies at the soul of the constitution of India. If any individual, including an individual not being a citizen, is aggrieved by the action of the State brought about by law under Article 13, and such action leads to a violation of the right to life and liberty of such an individual, then a writ petition can be filed under Art 32 to the Supreme court or under Art 226 to the High Court," says Advocate Pushkar Taimni.
Table of Content:
Remedy Against Violation
Protection of Life and Personal Liberty
Article 226
Article 21 A - Right to Elementary Education
Procedure Established by Law to due process
Frequently Asked Questions
In its expansive meaning, the words “procedure established by law” has also been interpreted in a manner to protect the life, liberty, and dignity of an individual. The expansive reading of Article 21 ushered in a new socio-economic wave of liberty that focuses on education, livelihood, shelter, and the environment. The liberal interpretation of Article 21 also focuses on the protection of liberty against police excesses and State violence. This Code of rights includes the following fundamental rights that have been interpreted to be a part of “life” or “personal liberty”:
Right to live with dignity
In the Francis Coralie Mullin v. Administrator, Union Territory of Delhi [1], the Supreme Court recognized that “life” is more than just mere animal existence. The Supreme Court stated that,
“The right to live includes the right to live with human dignity and all that goes along with it, viz., the bare necessities of life such as adequate nutrition, clothing, and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of the human self.”
This ratio has been followed in a number of cases. Moreover, the right to live with dignity has also been recognized in cases such as Bandhua Mukti Morcha v Union of India.
Right to Die with Dignity
The Supreme Court has recognized that the right to life under Article 21 includes the right to die with dignity. Therefore, the dignity of a person must be secured in life as well as in death. In a landmark judgment delivered in March 2018, the Supreme Court in Common Causes v. Union of India[3] recognized the right of terminally ill persons to die with dignity by refusing prolonged medical treatment.
Right to Livelihood
It is the fundamental right of every citizen under Article 21 of this country to live with human dignity, free from exploitation and practice any profession to support his livelihood. The magnitude and contents of the components of this right would depend upon the extent of the economic development of the country.
A 5 judge bench of the Supreme Court in Olga Tellis v. Bombay Municipal Corporation[4] held that the right to life includes the right to livelihood. Thereby, the court recognized the rights of the pavement dwellers and the hawkers in Bombay. However, this does not mean that the State can be held accountable for not providing livelihood through affirmative action programs and policy. This recognition of the right to livelihood only bars the state from denying the right to livelihood to any individual without any procedure established by law.
Right to clean environment
As good as this right sounds, as citizens, we must provide at least basic shelter to those who are in need and ignored by the government because no human being must be deprived of food, shelter, or water.
On multiple occasions, the Supreme Court has recognized that the Right to clean environment, sanitation, pollution-free air, and water are the fundamental rights under Article 21 of the Constitution. In M.C Mehta v. Union of India[5] and Vellore Citizens Welfare Forum v. Union of India[6], the Court recognized the pollution caused to the water bodies because of tanneries.
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