It has complete overview about Article 21 which is a very important part in our lives.

1. ARTICLE 21
Made By:
Students of BA LLB
Group 7

2. CONTENT
• Introduction
• History
• Why now ?
• What are fundamental rights ?
• Decision of supreme court
• International Concepts of Privacy
• Conclusion

3. INTRODUCTION
• “No person shall be deprived of his life or personal liberty except according to procedure
established by law.”
• Article 21 confers on every person the fundamental right to life and personal liberty. It is
the most fundamental of human rights and recognizes the sanctity of human life. This
article provides right to life and personal liberty except on the ground of procedure
established by law. Over the years, this Article has undergone a sea change and become
the most important and fundamental right.
• Now, the Article stands not merely for the Right to Life and personal liberty, but also the
right to dignity and all other attributes of human personality those are essential for the
full development of a person. That is why Art. 21 has become the foundation
stone of Part III of the Constitution.

4. INTRODUCTION
• The right to live with human dignity
• Right to livelihood;
• Right to health;
• Right to pollution free air;
• The right to live a quality life;
• Right to go abroad;
• right to privacy;
• Rights against solitary imprisonment;
• Rights against delayed execution;
• The right to shelter;
• Rights against death in custody;
• Right against public hanging; And
• Anything and everything that meets the
criteria of a dignified life.
The Rights which come under Article 21 are as follows:

5. HISTORY
• Right to Privacy is not today’s talk, it was first started in 1835 in India but never
came to an end. In the year 1925 commonwealth on India also had Privacy concept
and during the years of your independence B.R Ambedkar gave an 1hr speech on our
Right to Privacy.
• There were many cases related to Right to Privacy like: Kharak Singh v. The State
of U.P. (1962), Govind v. State of M.P. (1975), R. Rajagopal v. Union of India (1994),
Petronet LNG LTD vs. Indian Petro Group and Another (2006), Selvi and others v.
State of Karnataka and others (2010), Unique Identification Authority of India &
Anr. v. Central Bureau of Investigation (2014), Justice K.S. Puttuswamy (Retd.) &
Anr. v. Union of India & Ors. (2015).

6. WHY NOW ?
• The case of Right to Privacy which was brought by 91-year old retired Karnataka
High Court Judge Puttaswamy against the Union of India before a nine-judge bench
of the Supreme to determine whether the Right to Privacy was guaranteed as a
fundamental right under the Indian Constitution.
• This case was actually concerned with an issue to a challenge to the government’s
Aadhaar scheme (a form of uniform biometrics-based identity card) in which the
government made mandatory for availing the government services and benefits. The
issue was made before a three-judge bench of the Supreme Court on the basis that
this scheme violated the right to privacy.

7. WHY NOW ?
• Accordingly, a Constitution Bench was set up and concluded that there was
a need for a nine-judge bench to determine whether there is a fundamental
Right to Privacy within the provision of Article 21 of Constitution of India.
• It was argued by the petitioner before the bench that Right to Privacy is a
Fundamental right and should be guaranteed as right to life with dignity
under Article 21 of the Constitution. Submissions made by the respondent
were that the Constitution only recognized personal liberty which may
include Right to Privacy to a limited extent.

8. WHAT ARE FUNDAMENTAL RIGHTS ?
• The fundamental rights are enshrined in part – III of the Indian
constitution from articles 12-35.
• They are Justiciable in nature i.e. they are guaranteed by the courts
to all individuals equally.
• They prevent the establishment of an authoritarian and despotic rule
in the country and protect the liberties and freedoms of the people
against the invasion of the state.

9. DECISION OF SUPREME COURT
• The nine-judge bench of the Supreme Court unanimously (9:0 Verdict) recognized
that the Constitution guaranteed the Right to Privacy as an intrinsic part of the
right to life and personal liberty under Article 21. The Court however, overruled
M.P. Sharma (1954, 8 Judge Bench), and Kharak Singh (1962, 6 Judge Bench) in so
far as the latter did not expressly recognize the right to privacy as a Fundamental
Right.
• The case was started on 17th July 2017 and ended on 24th August 2017.
• The 5 Judge Bench hearing the Aadhar case referred the issue of Right to Privacy to
a 9 Judge constitution bench as the earlier ruling on Right to Privacy was by an 8
Judge Bench and to overrule that Judgment, a numerically superior Bench was
required

10. DECISION OF SUPREME COURT
• The Bench has decided in favour of a fundamental right to privacy
existing under the India Constitution.
• This Bench did not decide the fate of Aadhar, only the nature and
status of the right to privacy under the constitution.
• It does not comment on whether the government’s demand for Aadhar
to be linked to all financial transactions to be an infringement of
privacy.

11. INTERNATIONAL CONCEPTS OF
PRIVACY
• Article 12 of Universal Declaration of Human Rights (1948) states
that “No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence nor to attack upon his honour
and reputation. Everyone has the right to protection of the law
against such interference or attacks.”
• Article 17 of International Covenant on Civil and Political Rights (to
which India is a party) states “No one shall be subjected to arbitrary
or unlawful interference with his privacy, family, home and
correspondence, nor to unlawful attacks on his honour and
reputation”.

12. INTERNATIONAL CONCEPTS OF
PRIVACY
• Article 8 of European Convention on Human Rights states “Everyone
has the right to respect for his private and family life, his home and
his correspondence; there shall be no interference by a public
authority except such as is in accordance with law and is necessary in
a democratic society in the interests of national security, public safety
or the economic well-being of the country, for the protection of health
or morals or for the protection of the rights and freedoms of others.”

13. CONCLUSION
• Right to privacy is a requisite of right to life and personal liberty
under Article 21 of the Indian Constitution. Right to privacy is not an
absolute right, it may be subject to certain reasonable restrictions for
prevention of crime, public disorder and protection of others but, it
may, apart from contract,
• Also arise out of a specific relationship that may be commercial,
matrimonial or even political and also where there is a conflict
between these two derived rights, the one, which advances public
morality and public interest, will prevail.

14. CONCLUSION
• In the decision of Maneka Fundamental Rights as water-tight
compartments in the case of A.K. Gopalan v. State of Madras, the
Gandhi v. Union of India, the right to life was considered not to be the
epithet of a mere animal existence, but the guarantee of full and
meaningful life.
• Considering ourselves a part of a society, we often countermands that
we are individuals first and in this world each and every person or
individual need his/her private space. To give everyone that right, the
State accordingly is giving those private moments to be enjoyed with
those whom they want without the prying eyes of the rest of the

16. • Vibhansh Agarwal – 04
• Pulak – 20
• Sahil Singh – 06
• Soham Dhabe – 32
• Aryan Kumar – 28
• Vivek – 11
• Mitali – 57