by Yuvi - August 7, 2023

Article 21: The Text

“Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Interpreting Article 21

Over the years, Article 21 has been subject to extensive judicial interpretation, leading to the expansion and clarification of its scope:

1. Right to Privacy: The Supreme Court of India, in its landmark judgments, recognized the right to privacy as an integral part of the right to life and personal liberty protected under Article 21.
2. Environmental Protection: The right to a clean and healthy environment has been linked to Article 21, emphasizing the importance of preserving nature for the well-being of present and future generations.
3. Death Penalty and Euthanasia: The Court has ruled that the death penalty can only be imposed in rarest of rare cases, ensuring that the right to life is upheld even in the context of capital punishment. Additionally, the concept of “passive euthanasia” was legalized, allowing individuals the right to die with dignity.
4. Women’s Rights: Article 21 has been instrumental in shaping the jurisprudence around women’s rights, including decisions on issues such as marital rape, reproductive autonomy, and gender equality.

Understanding the Right to Life

At first glance, Article 21 might seem straightforward, affirming the protection of life and personal liberty. However, its depth and implications extend far beyond its simple phrasing.

1. Right to Life: The scope of the right to life is not limited to mere physical existence. It encompasses a life of dignity, free from cruelty, and the basic necessities for a meaningful existence. This broader interpretation has led to the recognition of various aspects that contribute to a dignified life, such as clean environment, healthcare, education, and livelihood.
2. Personal Liberty: Personal liberty refers to the freedom of an individual to make choices, express oneself, and pursue one’s aspirations without unnecessary interference from the state or others. This includes the right to privacy, freedom of movement, and protection against arbitrary detention.

The Right to Life Explained

Article 21 of the Indian Constitution safeguards the precious values of life and personal freedom. It ensures that no person, whether a citizen or foreigner, can be deprived of their life or personal liberty unless the proper legal process is followed.

Breaking it down:

1. Two Key Rights: Article 21 grants two vital rights:
   • The right to life
   • The right to personal liberty
2. A Crucial Fundamental Right: Among all the rights guaranteed by the Constitution, Article 21 stands out as one of the most significant. The Supreme Court has even called it the ‘heart of fundamental rights’.
3. The Who and What: This right applies primarily to actions by the State, including the government, various authorities, and bodies like local governments and legislatures. It’s a safeguard against unjust actions by the State.
4. Not Private Matters: If a person’s rights are violated by another private individual, it doesn’t directly fall under Article 21. In such cases, remedies can be sought through Article 226 or general legal avenues.
5. Beyond Survival: The right to life isn’t just about staying alive. It extends to living with dignity and purpose.
6. Following the Rules: The main goal of Article 21 is to ensure that if the State decides to take away someone’s right to life or liberty, it can only do so following a proper legal procedure.

In a nutshell, Article 21 ensures that everyone’s life and personal freedom are protected, and no one can be deprived of these rights unless the law is properly followed.

Interpretation of Article 21 in Landmark cases

The interpretation of Article 21, which guarantees the protection of life and personal liberty, has undergone significant evolution through judicial scrutiny. Landmark cases have played a pivotal role in broadening its scope, redefining key concepts, and establishing crucial principles.

Let’s explore some key cases that have shaped the interpretation of Article 21:

1. AK Gopalan Case (1950): Initially, Article 21 was interpreted narrowly. The Supreme Court held that the term ‘procedure established by law’ embodied the British concept of personal liberty, rather than the American notion of ‘due process’. This case marked the early understanding of Article 21.
2. Maneka Gandhi vs. Union of India Case (1978): A turning point, this case overturned the Gopalan judgement. The Supreme Court emphasized that Articles 19 and 21 are interrelated. The concept of personal liberty in Article 21 extends to encompass various rights, some of which are protected under Article 19, offering them ‘additional protection’.The court emphasized that any law falling under Article 21 must also adhere to the standards of Article 19, ensuring fairness, reasonableness, and non-arbitrariness in the procedures leading to deprivation of life or liberty.
3. Francis Coralie Mullin vs. Union Territory of Delhi (1981): This case reiterated the requirement that any procedure resulting in the deprivation of life or liberty must be just, fair, and reasonable. It emphasized the need to avoid arbitrary, whimsical, or fanciful actions by the state.
4. Olga Tellis vs. Bombay Municipal Corporation (1985): Building on prior cases, this judgement reinforced the principle that any process affecting fundamental rights should align with the principles of fairness, justice, and adherence to established norms.
5. Unni Krishnan vs. State of Andhra Pradesh (1993): This case further solidified the expansive interpretation of the right to life. The Supreme Court upheld the notion that the right encompasses more than mere survival it includes the right to live with dignity and quality of life.

The interpretation of Article 21 has transformed over time, shaping the landscape of individual rights and liberties in India. These landmark cases have collectively expanded the scope of Article 21, emphasizing fairness, justice, and adherence to established norms in processes involving the deprivation of life or personal liberty.

The Court’s Expansive Understanding of Article 21 Rights

Based on earlier judgments, the court gave a list of rights that Article 21 of Indian constitution covers.

Few of them are as follows:

The judiciary, building upon previous verdicts, has outlined a comprehensive set of rights encompassed by Article 21. These rights extend beyond the literal text, reflecting a holistic approach to safeguarding the essence of life and personal freedom. Notable among these rights are:

1. Right to Privacy: Ensuring that personal information remains confidential and protected.
2. Right to Go Abroad: Facilitating the freedom to travel internationally without undue hindrance.
3. Right to Shelter: Recognizing the fundamental necessity of having a secure and suitable place to live.
4. Right Against Solitary Confinement: Preventing the unjust and isolating practice of confining individuals in solitary conditions.
5. Right to Social Justice and Economic Empowerment: Promoting a just and equitable society by empowering individuals economically.
6. Right Against Handcuffing: Safeguarding dignity by prohibiting unnecessary and degrading restraint.
7. Right Against Custodial Death: Ensuring protection against unnatural or suspicious deaths while in custody.
8. Right Against Delayed Execution: Preventing prolonged waiting periods for capital punishment.
9. Doctors’ Assistance: Ensuring access to medical care and assistance.
10. Right Against Public Hanging: Upholding the dignity of individuals, even in the context of capital punishment.
11. Protection of Cultural Heritage: Safeguarding the rich cultural and historical heritage of the nation.
12. Right to Pollution-Free Water and Air: Ensuring a healthy environment by protecting air and water quality.
13. Right of Every Child to Full Development: Fostering the holistic development of children.
14. Right to Health and Medical Aid: Facilitating access to healthcare and medical assistance.
15. Right to Education: Recognizing education as a fundamental right for all.
16. Protection of Under-Trials: Ensuring fair treatment and rights protection for individuals awaiting trial.

This expanded list underscores the judiciary’s commitment to interpreting Article 21 as a dynamic and all-encompassing provision, geared towards safeguarding the inherent dignity and rights of individuals in a diverse and evolving society.

Real-World Impact of Article 21

Article 21’s profound impact can be observed in numerous instances where it has been invoked to safeguard citizens’ rights:

1. Environmental Protection: The right to a clean environment has led to court orders banning harmful activities, such as polluting industries, in order to ensure public health and well-being.
2. Criminal Justice Reforms: Article 21 has been instrumental in shaping criminal justice reforms, ensuring fair trials, and protecting the rights of the accused.
3. Women’s Empowerment: Article 21 has played a vital role in upholding the rights and dignity of women, contributing to the advancement of gender equality and women’s empowerment.

Conclusion

Article 21 is not merely a legal provision; it embodies the very essence of human dignity and the intrinsic value of life and liberty. Its evolution and interpretations over time have demonstrated its adaptability to contemporary challenges and its unwavering commitment to protecting the rights of individuals. As a cornerstone of the Indian Constitution, Article 21 continues to be a guiding light, inspiring a society that respects and values the inherent worth of every individual.

Frequently Asked Questions

What does Article 21A of the Constitution entail?

Article 21A mandates that the State is responsible for offering free and compulsory education to all children aged 6 to 14. The specifics of this education are determined by the State through appropriate laws. To learn more about this, explore the Right to Education Act.

Is Article 21 an absolute right?

No, Article 21 is not an absolute right. While it protects the right to life and liberty, the State has the authority to place certain limitations on it. These restrictions must be fair, reasonable, and just, and they should adhere to legally established procedures.

Can Article 21 be suspended during an emergency?

No, Article 21 remains unaffected during times of emergency. Even in emergency situations, as per the 44th Amendment to the Constitution, Article 21 remains intact and cannot be suspended.