Article 21 of the Indian Constitution: Right to Life and Personal Liberty
Introduction
Article 21 is one of the most fundamental rights enshrined in the Indian Constitution. It guarantees the Right to Life and Personal Liberty and ensures that no person is deprived of these rights except by a procedure established by law.
Over the years, the Supreme Court of India has expanded the scope of Article 21, making it one of the most dynamic and essential rights for the protection of individuals.
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Text of Article 21
"No person shall be deprived of his life or personal liberty except according to a procedure established by law."
Explanation of Article 21
Article 21 protects two essential rights:
- Right to Life – It means the right to live with dignity, not just mere survival. It includes access to food, shelter, health, education, and a clean environment.
- Right to Personal Liberty – It ensures freedom from arbitrary detention and unlawful actions by the state.
Expansion of Article 21 by Supreme Court
The Supreme Court has interpreted Article 21 broadly, recognizing various rights under it, such as:
✅ Right to Live with Dignity – Includes basic needs like food, clothing, shelter, and a pollution-free environment.
✅ Right to Privacy – Recognized in Justice K.S. Puttaswamy v. Union of India (2017).
✅ Right to Clean Air & Water – Linked to environmental protection and health.
✅ Right to Education – Upheld in Unni Krishnan v. State of Andhra Pradesh (1993).
✅ Right to Health & Medical Aid – Recognized as a fundamental part of life.
✅ Right to Die with Dignity – Passive euthanasia was allowed in Common Cause v. Union of India (2018).
✅ Right against Custodial Violence – Protection from police brutality and unlawful detention.
Landmark Supreme Court Cases on Article 21
| Case Name | Judgment |
|---|---|
| Maneka Gandhi v. Union of India (1978) | Expanded Article 21, ruling that the "procedure established by law" must be fair, just, and reasonable. |
| K.S. Puttaswamy v. Union of India (2017) | Declared Right to Privacy as a fundamental right under Article 21. |
| Common Cause v. Union of India (2018) | Allowed passive euthanasia, affirming the right to die with dignity. |
| Francis Coralie Mullin v. Union Territory of Delhi (1981) | Defined the Right to Live with Dignity, expanding Article 21 beyond mere survival. |
| Sunil Batra v. Delhi Administration (1978) | Prohibited torture and inhumane treatment of prisoners. |
Importance of Article 21
✅ Protects Human Dignity – Ensures a meaningful life with dignity.
✅ Prevents Arbitrary Actions – Stops unjust imprisonment and custodial deaths.
✅ Promotes Social Justice – Supports environmental and educational rights.
✅ Strengthens Democracy – Ensures government actions are fair and just.
Challenges and Issues
❌ Delayed Justice – Judicial delays reduce the effectiveness of this right.
❌ Police Brutality & Fake Encounters – Violations of Right to Life still occur.
❌ Surveillance & Privacy Concerns – Government data collection raises privacy risks.
❌ Environmental Degradation – Air and water pollution threaten the right to a healthy life.
Conclusion
Article 21 is the heart of the Indian Constitution, safeguarding fundamental human rights. Its interpretation by the Supreme Court has ensured wider protection, including the Right to Privacy, Health, Education, and Dignity. However, strict enforcement and judicial efficiency are essential to prevent misuse of power and protect individual freedoms.
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