Protection of Life and Personal liberty (Art. 21) Submitted by: Mandeep B.A.LL.B. 2nd yr, MITS
Article 21Article 21 lays down that no personshall be deprived of his life orpersonal liberty except acc. to‘procedure established by law’.
Article 21 uses four crucial expressions , viz: Life: as here used, something more is meant than mere animal existence. The inhibition against its deprivation extends to all those limbs and facilities by which life is enjoyed.Personal liberty: In art.21 it is of widest amplitude & it coversa variety of rights which go to constitute personal liberty of man& some of them have been raised to status of distinct FRs.Law: constitution make no distinction in principle b/w a lawmade by the legislature & ordinance issued by president,bothare equally subject to limitation which the constitution hasplaced upon that powerProcedure established by law: it extends both tosubstantive as well as procedural law.A procedure not fulfillingthese attributes is no procedure at all in the eyes of art.21
Maneka Gandhi v. Union of IndiaManeka’s passport was impounded by theCentral govt. under the passport Act in theinterest of the general public. Maneka filed awrit petition challenging the order on theground of violation of fundamental right underArt. 21. The major ground of challenge was theorder impounding the passport was null andvoid as it had been made without affording heran opportunity of being heard in her defence
Right to Right to Right to food livelihoodmedical care Right to Right to Shelter privacy Article 21 Right to Right to education healthy environmnt
Right to livelihood Olga Tellis V. Bombay Municipal Corporation - AIR 1986 SC 180The right to livelihood is borne out of the right to life, asno person can live without the means of living, thatis, the means of livelihood.If the right to livelihood is not treated as a part andparcel of the constitutional right to life, the easiest wayof depriving a person of his right to life would bedeprived him of means of livelihood to the point ofabrogation.
Right to privacy Mr. ‘X’ v. Hospital ‘Z’ (AIR 1999 SC 495)The Supreme Court explained that Article 21 ofthe Constitution entitles a person to lead a healthylife and therefore the women who was to marry aperson was entitled to know whether herprospective husband has any deadly andcommunicable disease.
Registered Society v. Union of India AIR 1996The Supreme Court had given directions toSubordinate Courts to dispose of long pending cases.Criminal cases was quite consistent with the spiritunderlying Part III of the Constitution, Telephonetapping was held to be violation of right to privacy
RIGHT TO SHELTER Shantisar Builders v. Narayan Khimal Totame AIR 1990 SC 630The SC has ruled that the right to life is guaranteed in anycivilized society. That would take within its sweep the rightto food, the right to clothing, the right to decentenvironment and reasonable accommodation to live in. Thediff. b/w the need of an animal and a human being forshelter has to be kept in view. For an animal it is the bareprotection of body: for a human being it has to be a suitableaccommodation which would allow him to grow in everyaspect-physical, mental and intellectual
Parmanand Katara V Union of India AIR 1989 The SC has considered a very serious problem existing at present: in a medico legal case (such as accident) the doctorRIGHT TO usually refused to give immediateMEDICAL a medical aid to the victim untill the legal formalities are CARE completed. In some cases, the injured die for want of medical aid. The SC has now very specifically clarified that preservation of life is of paramount importance.
RIGHT TO HEALTH Vincent v. Union of India AIR 1987The SC held that a healthy body is the veryfoundation of all human activities. Even Art.47, a directive principle, lays stress onimprovement of public health unprohibition ofdrugs injurious to health as one of the primaryduties of the State.
RIGHT TO EDUCATION Mohini Jain V. State of Karnataka AIR 1992“The right to education flows directly from theright to life,” and the right to education beingconcomitant to the fundamental right, “Thestate is under a constitutional mandate toprovide educational institutions at all levels forthe benefit of the citizens.”
Vishaka v. State of Rajasthan AIR 1997 The SC has declared sexual harassment of a working SEXUAL woman at her place of workHARASSMENT as amounting to violation of rights of gender equality and right to life and liberty which is clear violation of Article 14,15 and 21
RIGHT TO ENVIRONMENTSubash The SC has held that enjoymentKumar of pollution free environment is v. included in the right to life under Bihar AIR Art. 21 1991
Murali S. Deora v. Union of IndiaSince a non-smoker is afflicted to variousdiseases including lung cancer or ofheart, only because he is required to go topublic places and it is indirectly deprivingof his life without any process of law.Hence smoking in public places wasbanned
It was held that the direction to convert all buses operating in Delhi to CNG fuelM.C. Mehta mode was given forv. Union of safeguarding health India of people and would override the provisions of other statutes