Right To Life (Article 21) – The Right to Life and Personal Liberty
Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The term “personal liberty” in this context refers to the freedom and autonomy of an individual in various aspects of their life. It is one of the most important fundamental rights enshrined in the Constitution and forms the basis of many other rights and freedoms.
The meaning of personal liberty in Article 21 has been interpreted broadly by the Supreme Court of India to include various freedoms and rights that are necessary for the development and growth of an individual. These include:
The right to life is a fundamental human right that is recognized in various international and national legal systems. It is enshrined in Article 21 of the Indian Constitution, which states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The right to life includes not only the right to physical existence but also the right to lead a life with dignity. It encompasses the right to basic necessities such as food, water, shelter, and medical care, as well as the right to be free from harm, torture, or inhumane treatment.
The right to life is not absolute and can be restricted in certain circumstances, such as in the interest of national security, public order, or morality. However, any such restrictions must be reasonable and just and must be by the procedure established by law.
The right to life forms the basis of various other rights and freedoms and is a cornerstone of any democratic and just society. It is essential for the protection and promotion of human dignity and well-being.
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Right to privacy: The Supreme Court has recognized the right to privacy as a fundamental right, which is included in the right to personal liberty. It includes the right to be left alone, the right to control one’s own personal information, and the right to be free from arbitrary or intrusive government action.
Freedom of movement: This includes the right to move freely within the country, to travel abroad, and to settle in any part of the country.
Freedom of speech and expression: This includes the right to express one’s opinions and thoughts freely, without fear of censorship or persecution.
Freedom of religion: This includes the right to practice and propagate any religion or belief of one’s choice, and the freedom to worship in the manner that one chooses.
Freedom of association: This includes the right to form associations or unions, and to participate in peaceful assemblies or protests.
Right to education and healthcare: This includes the right to access basic education and healthcare facilities, as well as the right to pursue higher education and specialized medical treatment.
Right to work and pursue a chosen profession: This includes the right to choose one’s own profession or business, and the freedom to pursue it without interference or discrimination.
The Supreme Court has held that personal liberty is not an absolute right and can be restricted in certain circumstances, such as when it is necessary for public order, security, or morality. However, any restriction on personal liberty must be reasonable, just, and by the procedure established by law.
Overall, personal liberty in Article 21 is a broad and essential concept that encompasses various freedoms and rights necessary for the development and growth of an individual. It is intended to protect and promote the dignity, autonomy, and well-being of every person in India.