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Article 21: Protection of life and Personal Liberty

Introduction: Article 21 of the constitution of India is an important law that guarantees the protection of life and liberty for all people. Article 21 of the Constitution of India says: No person shall be deprived of life or personal liberty except by law.


History: Article 21 of the Constitution of India was accepted by the Union of India in 1949. The structure of the Indian Constitution was inspired by the principles of justice, equality and harmony. Article 21, whose principles date back to the Universal Declaration of Human Rights, refers to the dignity and worth of all people.

Importance of the Article: Article 21 enhances the meaning of human freedom and rights. Life. It ensures that no person is deprived of life or personal liberty except through procedures established by law. This fundamental right aims to protect a person from arbitrary detention, torture or other cruel treatment.


General Description: Court The Supreme Court of India has extensively interpreted and developed Section 21 over the years. The jurisdiction extends Article 21 to cover all aspects of life and personal liberty. It includes the right to cleanliness, health and well-being, the right to education, the right to privacy and the right to live with dignity.


Challenges and Controversies: This section discusses the challenges and conflicts. Deaths in custody, police violence and judicial delays have increased concerns about the implementation of this important law. Striking a balance between individual rights and societal interests has been a constant challenge for the Indian judiciary.


Right to life:

The court took a big step towards expanding Article 21 by arguing that "life" in Article 21 means not only "owning animals" but also "Human Dignity". For this reason, the Court has given a broad definition to Article 21.


Francis Coralie v. Administrator, Union Territory of Delhi, AIR 1981 SC 746, 753:

"But the question that arises is whether, in our view, the right to life includes the mother's right to privacy and all rights connected therewith.”

Adequate food, clothing shelter and all forms of reading, places for writing and self-expression, the most important things in life such as moving freely and relating to people.


Olga Thales V. Bombay Municipal Corporation - AIR 1986 SC 180 - Right to Life: Health, arises from the right to life because no one can live without the right to life. Without the right to life, human beings cannot exist. Life The easiest way for a person to lose the right to life, which is an important part of the right to life law, is to deprive him of his lifestyle. Living life not only deprives life of practical content and meaning, but it also makes life impossible. However, if the right to life is not considered a part of the right to life, it means that this life complaint does not meet the established criteria.


Emphasizing the relationship between 'life' and 'living', the court said: "In addition to the things that make life beautiful, the things that only make life possible should be considered within the scope of the right to life. If you violate a person's right to live, you deprive him of his life."


Right to Education:

Mohini Jain V. AIR 1992 SC 1858 in Karnataka - "The right to education derives directly from the right to life" and the right to participate in education hand in hand with the central government law, "The State shall, by the Constitution, take every action for the benefit of its citizens." It is responsible for providing schools at the highest level."

Right to Health: Paschim Banga Khet Mazdoor Samiti Vs. West Bengal AIR 1996 SC 2426 - The primary duty of a welfare state is to provide adequate medical facilities to the people. The government fulfils this responsibility by operating hospitals and clinics to provide medical care to those in need.

"Article 21 states that the State must protect the rights of all people. Therefore, the State must protect human life. Most importantly."


Environmental Rights:

In the case of Subhash Kumar v Bihar AIR 1991 SC 420, the Supreme Court held that the enjoyment of a pollution-free environment falls within the right to life under Article 21.


The Good:

Article 21 of the Constitution of India is a beacon of hope to ensure that the principles of justice, freedom and dignity are not just an objective but also the genuine right of every citizen. Its evolution and interpretation show the progress of the Indian judiciary, which also protects the fundamental rights of the people. As India moves forward, Article 21 remains an

An important reminder of the country's commitment to protecting the health and safety of its citizens and ensuring a just and inclusive society.


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