Article 21 of Constitution of India: The Fundamental Right to Protection of Life and Personal Liberty

Article 21- An Overview

• Article 21 is a fundamental right and is included in Part-III of Indian Constitution.
• This right is available to all citizens as well as non-citizens alike.
• Supreme Court has described this right as the “heart of fundamental rights”
• According to Justice Bhagwati, Article 21 “embodies a constitutional value of supreme importance in a democratic society.”
• Article 21 secures two rights: The right to life and the right to personal liberty.
• Article 21 cannot be suspended during an emergency.

Article 21- Meaning and Scope

The right to life in Article 21 of Indian constitution does not mean animal existence or the mere act of breathing. It guarantees the right to a dignified life. Some of the rights that are currently included in the ambit of Article 21 includes (mentioned in The Maneka Gandhi v. Union of India case (1978)):

• Right to live with human dignity.
• Right to a decent environment including pollution-free water and air and protection.
• Right against hazardous industries.
• Right to livelihood.
• Right to privacy.
• Right to shelter.
• Right to health.
• Right to free education up to 14 years of age.
• Right to free legal aid.
• Right against solitary confinement.
• Right to a speedy trial.
• Right against handcuffing.
• Right against inhuman treatment.
• Right against delayed execution.
• Right to travel abroad.
• Right against bonded labor.
• Right against custodial harassment.
• Right to emergency medical aid.
• Right to timely medical treatment in a government hospital.
• Right not to be driven out of a state.
• Right to a fair trial.
• Right of prisoners to have the necessities of life.
• Right of women to be treated with decency and dignity
• Right against public hanging.
• Right to hearing.
• Right to information.
• Right to reputation.
• Right of appeal from a judgment of conviction
• Right to social security and protection of the family
• Right to social and economic justice and empowerment
• Right against bar fetters
• Right to appropriate life insurance policy
• Right to sleep
• Right to freedom from noise pollution
• Right to electricity

Historical Judgements Related To Article 21 of Indian Constitution

Throughout history, there have been several judgements that have widened the scope of Article 21. Some of these historical judgements include:

Important Cases Related to Article 21 of the Indian Constitution

Following are a few important cases related to Article 21 of the Indian Constitution.

• A.K Gopalan vs. the State of Madras, 1951: The Supreme Court has taken a narrow interpretation of Article 21 in this case. It held that the protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action. This means that the state can deprive a person of the rights available in Article 21 based on a law.
• Maneka Gandhi vs. UOI, 1978: In this case, the SC overruled its judgment of the Gopalan Case by taking a wider interpretation of Article 21. It ruled that the right to life and personal liberty of a person can be deprived by law on the condition that the procedure prescribed by that law is reasonable, fair, and just. Further, it clarified that the right to life does not merely mean animal existence. It held that all those aspects of life which go to make a man’s life meaningful, complete, and worth living will be included in this.

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