Rights protected under Article 21

Article 21 of the Indian Constitution safeguards several rights, including the right to life and personal liberty from arbitrary state actions. These rights collectively cover a broad spectrum of an individual’s well-being and dignity.

Right to life

Article 21 of the Constitution grants a comprehensive range of personal liberties aimed at safeguarding an individual’s freedom and well-being. These provisions collectively uphold a person’s liberty and dignity, reflecting the core principles enshrined in Article 21.”

• Foundation in Universal Declarations: The right to life, liberty, and personal security is a fundamental element recognized in Article 3 of the Universal Declaration of Human Rights. It is reinforced by Article 6 of the International Covenant on Civil and Political Rights, affirming the inherent right to life for every human being, protected by law and with a strict prohibition against arbitrary deprivation.
• Global Constitutional Inclusion: The right to life is not confined to international agreements alone. Many countries around the world have incorporated this essential right into their own national constitutions, emphasizing its universal significance.
• Guardian Against Unjust Deprivation: This right serves as a pivotal safeguard against any unwarranted deprivation of life by the state, articulating the principle that no one’s life can be taken except through lawful procedures.
• Expansive Interpretation in India: In the context of India, Article 21 and judicial interpretations have endowed the right to life with a broad connotation. Here, ‘life’ extends beyond mere biological existence, encompassing a wide array of related elements, including the right to live with dignity, access to healthcare, means of livelihood, personal privacy, and numerous other rights.
• Cornerstone of All Rights: Recognized as the bedrock of fundamental rights, the right to life underpins the entire framework of human rights. It stands as the most significant among these rights and forms the foundation upon which other rights depend for their meaningful realization.
• Essence of Human Existence: As humans, the right to life is intrinsic to our existence, as it entails access to health, liberty, safety, and various essentials that enable us to lead fulfilling lives, making it the essence of our very being.

Right to personal liberty

Article 21 grants a wide array of personal liberties to protect an individual’s freedom and well-being. These points collectively uphold a person’s liberty and dignity as enshrined in Article 21.

• Historical Roots: The concept of personal liberty finds its historical roots in documents such as the English Magna Carta from 1215, which emphasized that “No freeman shall be taken or imprisoned, except by the law of the land.” This principle of personal liberty underscores an individual’s right to act as they wish, with the caveat that adherence to societal norms is essential.
• Definition and Importance: Defined by Black’s Law Dictionary, personal liberty entails an individual’s freedom to conduct themselves according to their desires, provided they adhere to the societal code of conduct. It holds significant importance, as it upholds the notion that all individuals are inherently born free and should remain so. However, to ensure peaceful coexistence within society, reasonable restrictions are placed on personal liberty to prevent it from becoming a license for chaos. Essentially, personal liberty dictates that no one should be unjustly restrained unless lawful necessity demands it.
• Evolution in India: In the Indian context, the concept of personal liberty gained prominence through legal cases such as A.K. Gopalan v. State of Madras (1959), where the detention of a communist leader raised issues of legality and the breach of personal liberty under Article 21 of the Indian Constitution. This case expanded the scope of personal liberty to include even the liberty of one’s physical body, encompassing essential activities like sleep and eating. Subsequently, in Kharak Singh v. State of U.P. and Others (1964), personal liberty was understood to extend beyond freedom of movement to encompass protection from unwarranted intrusions into one’s private life.

Article 21 – Right to Life: The right to life is one of the most important and untouchable ideals in the field of human rights. India’s Constitution, which protects these basic rights, dedicates Article 21 to this priceless cultural cornerstone. The fundamental elements of a fair and civilized society are encapsulated in Article 21 of the Indian Constitution, which protects the right to life and individual liberty. It maintains human dignity and individual freedom in addition to safeguarding life. Upholding the values of justice and humanity, Article 21 continues to be a cornerstone of India’s constitutional structure, with its scope increasing to encompass a variety of aspects that improve the quality of life.