Protection of Life and Personal Liberty

1. ART 21
Protection of Life and Personal
Liberty
Vaibhav Sonule
Asst.Prof, School of Law
Alliance University
Bangalore

2. “No person shall be deprived of his life or
personal liberty except according to procedure
established by law”
• LIFE
The right to live with human dignity
Not merely animal existence of person
Against the deprivation of life extends to all
limits where life is enjoyed

3. • PERSONAL LIBERTY
More than just freedom from physical restraint
Right to socialize
It covers variety of rights

4. • LAW
Not only enacted law by legislature
No distinction between law made by
legislature or executives
The rule made by SC & HC include within the
term Law (Art 145 & 225 )
It includes ordinance [Art 123 (2)]

5. • PROCEDURE ESTABLISHED BY LAW
Applies to both procedural and substantive law
Right, just and fair
Confirm to Natural Justice
Duty of State to maintain procedure
The procedure prescribed by law must confirm
to the norms justice and fair play

6. A.K.GOPALAN V/S State of Madras AIR 1950 SC
27
Argument developed
The word law does not mean merely enacted
law but incorporates principal of Natural
Justice
The expression procedure established by law
introduces the American concept procedural
due process

7. SC rejected arguments and observed
If competent legislature makes law providing
restrictions in certain circumstances, the validity
of law could not be challenged on the ground of
unreasonable
English concept of personal liberty where liberty
confined and controlled by law is applied
Court have no power to invalidate a law made by
parliament.

8. “When personal liberty taken away by competent
legislation, the person affected have no remedy.”
Minority view
The result of such interpretation was to throw the
most important fundamental right to life and
personal liberty at the mercy of legislative
majorities

9. Maneka Gandhi v/s UOI
AIR 1975 SC 597
• Transformation in judicial attitude towards
protection of personal liberty after the
experience of emergency during 1975-77
• SC re-interpreted Art 21 and overruled
Gopalan case
• SC observes that Gopalan case could not play
any role in providing any protection against
harsh law depriving personal liberty.

10. The Court laid down following propositions (6:1)
About Art 14,19,21
• The expression personal liberty is having
widest amplitude covering variety of rights
which may have been included in Art 19
• There may be overlapping between Art 19 &
21 but it considered as Additional protection
• A law prescribing a procedure u/A 21 has to
meet the requirements u/A 19 and 14 also.

11. Procedure established by law
• Procedure can not be arbitrary, unfair,
unreasonable
• The procedure must answer the test of
reasonableness
• Natural Justice
• “Due process” in the American Constitution

12. Due Process
• Provisions of law should be reasonable
• The person affected have a right of hearing
• Due – fair and reasonable, it varies from
situations
• The test of reasonableness to determine the
validity of law has to follow the principal of
Natural Justice.

13. EXTENSION OF ART 21

14. Right to Die
• P Ratinam v/s Union of India AIR 1994 SC 1844
 The Court Ruled that Art 21 also embodied
Right not to live a forced life.
 SC also observed Sec 309 of IPC as cruel,
irrational which results actually in punishing as
individual twice.
 It violates Art 21

15. • Gian Kaur v/s State of Punjab AIR 1996 SC 953
Right to life is a natural right embodied in Art 21
but suicide is an unnatural termination of life,
Therefore inconsistent with Right to life and SEC
309 IPC held to be constitutional.
SC made difference between euthanasia and
attempt to suicide.
Euthanasia is termination of life who is naturally
ill, it is only reducing the period of suffering
during the process of natural death.

16. Right to Privacy
• Right not to communicate
• Essential ingredient of Personal Liberty
Kharak Singh v/s State of U.P AIR 1963 SC 1295
Majority opinion
“Constitution does not confer constitutional guarantee of
Right to privacy."
Dissenting Opinion
The right of personal liberty takes not only right to be free
from restrictions but free from encroachments on private
life.

17. Govind v/s State of M.P AIR 1975 SC 1378
Recognize Right to privacy as Fundamental
Right and also uphold restrictions on that right
in public interest.

18. Right to Education
• The word life u/A 21 includes education because
education promotes good and dignified life.
Mohini Jain v/s State of Karnataka AIR 1992 SC 1858
 Court accept Constitution does not expressly
guarantee Right to education as Fundamental
Right.
But Court observed it becomes clear that the
framers make it obligatory for the State to
provide education. (Art 21, 38, 39 (a), 41, 45)

19. • Unni Krishnan v/s State of AP AIR 1993 SC 2178
The Right to education is implicit. The parameters
of this right is not absolute and have to be
determined in the light of Directive Principal u/A
41,45,46.
Court limited the State obligation as follows;
a. Right to education till the age of 14
b. Beyond the stage, State obligation is subject to
economic capacity and development of State.