What are the Rights within the Ambit of Article 21 of the Indian Constitution?

What are the Rights within the Ambit of Article 21 of the Indian Constitution

The Indian Constitution is one of the longest and most detailed constitutions in the world. It not only provides a framework for the government but also safeguards the rights and freedoms of its citizens. Among these rights, Article 21 of the Constitution of India is considered one of the most important. It deals with the Right to Life and Personal Liberty.

Article 21 states:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

At first glance, this looks like a short sentence. But over time, through judgments of the Supreme Court, this Article has been given a very wide and liberal interpretation. Today, it covers not just the right to live but also the right to live with dignity. Many rights, which are not directly written in the Constitution, have been read into Article 21 by the courts. That is why it is sometimes called the “heart of Fundamental Rights”. we will discuss in simple words what Article 21 means, and what rights come under its ambit.

The Meaning of Article 21

To understand Article 21, let us break it into parts:

1.No person – This means that Article 21 is available to both citizens and non-citizens. Every human being within India, including foreigners, enjoys this right.

2.Shall be deprived – A person cannot be deprived of life or liberty casually. It can only be done under special conditions.

3.Except according to procedure established by law – This means the government can take away life or liberty only if there is a proper law, and that law is followed fairly.

So, Article 21 ensures that life and liberty cannot be taken away arbitrarily.

Expansion of Article 21

Initially, in the case of A.K. Gopalan vs State of Madras (1950), the Supreme Court interpreted Article 21 in a narrow sense. It said that as long as there was a law made by Parliament, life and liberty could be restricted.

However, later in the landmark case of Maneka Gandhi vs Union of India (1978), the Supreme Court gave a liberal and broad interpretation. It said that the “procedure established by law” must be just, fair, and reasonable. It cannot be arbitrary or oppressive.

After this judgment, Article 21 became an umbrella that covers a wide range of rights essential for a dignified human life.

Rights under Article 21

Over the years, the Supreme Court has recognized several rights within the scope of Article 21. Let us discuss them one by one in simple words.

1. Right to Life

The most basic right under Article 21 is the right to live. This does not mean mere animal existence. It means living with dignity, respect, and basic necessities. For example, the government cannot allow starvation, extreme poverty, or conditions that reduce human life to nothing.

2. Right to Personal Liberty

This means freedom of movement, freedom from unlawful arrest or detention, and the ability to make personal choices. Personal liberty ensures that the state does not interfere unnecessarily in people’s private lives.

3. Right to Live with Human Dignity

In the case of Francis Coralie Mullin vs Union Territory of Delhi (1981), the Supreme Court said that life under Article 21 means living with dignity. It includes basic needs like food, clothing, shelter, education, and healthcare.

4. Right to Privacy

In the landmark case of Justice K.S. Puttaswamy vs Union of India (2017), the Supreme Court held that the right to privacy is a fundamental right under Article 21. It means the government cannot unnecessarily interfere in personal matters like communication, health records, or lifestyle.

5. Right to Health and Medical Care

Health is necessary for a dignified life. In Parmanand Katara vs Union of India (1989), the Court held that every doctor, whether private or government, has a duty to provide emergency medical care. Similarly, the government must ensure proper health services for all.

6. Right to Pollution-Free Environment

In several judgments, the Court has said that a clean environment is essential for life. For example, the MC Mehta cases stressed the right to clean air, safe water, and protection from industrial pollution.

7. Right to Education

Though the Right to Education was later made a separate fundamental right under Article 21A (for children between 6 and 14 years), it was originally read into Article 21 by the courts. Education is essential for living with dignity and independence.

8. Right to Shelter

In Olga Tellis vs Bombay Municipal Corporation (1985), the Court said that the right to life includes the right to shelter. Homeless people cannot be evicted without providing alternative arrangements.

9. Right to Livelihood

Life is not possible without livelihood. The Court held that depriving a person of livelihood would be equivalent to depriving him of life. Therefore, policies must protect the right to work and earn.

10. Right against Torture and Custodial Death

The Court has said that torture, inhuman treatment, or custodial violence violates Article 21. The right to life means living without fear of cruel or degrading treatment.

11. Right to Free Legal Aid

In Hussainara Khatoon vs State of Bihar (1979), the Court said that free legal aid is part of Article 21. A poor person should not be denied justice simply because they cannot afford a lawyer.

12. Right to Speedy Trial

Justice delayed is justice denied. The Supreme Court has held that a speedy trial is a fundamental right under Article 21. Long delays in court cases violate the right to personal liberty.

13. Right to Reputation

The Court has also held that a person’s reputation is part of his dignity. Any unlawful harm to reputation amounts to violation of Article 21.

14. Right to Die with Dignity

The question of euthanasia (mercy killing) has been debated in India. In Common Cause vs Union of India (2018), the Supreme Court allowed passive euthanasia under strict guidelines, saying that the right to life also includes the right to die with dignity in certain circumstances.

15. Right to Protection of Children

Article 21 also protects children from abuse, exploitation, and forced labor. The state has a duty to ensure a safe environment for their growth.

16. Right to Sleep and Rest

In Ramlila Maidan Incident case (2012), the Court said that sleep is an essential part of life. Disturbing people’s peaceful sleep unlawfully amounts to violation of Article 21.

17. Right to Internet Access (Emerging Right)

In Anuradha Bhasin vs Union of India (2020), the Supreme Court recognized internet access as important for free speech and livelihood. Though not absolute, it is connected to Article 21 in today’s digital world.

Importance of Article 21

1.Foundation of Human Rights – It safeguards the basic right to live with dignity.

2.Dynamic and Expanding – Courts keep expanding its scope according to changing needs of society.

3.Applies to All Persons – It protects not only citizens but also foreigners and even prisoners.

4.Check on State Power – It prevents the government from acting in an arbitrary or unfair manner.

Criticism of Article 21

1.Judicial Overreach – Some critics say the judiciary has expanded Article 21 too much, covering things that should be left to the legislature.

2.Implementation Issues – Although many rights are recognized, in practice, poverty, lack of resources, and corruption prevent their full realization.

3.Dependence on Courts – People often need to go to court to enforce these rights, which is costly and time-consuming.

Article 21 of the Indian Constitution is one of the most progressive and powerful provisions. It has transformed from a simple guarantee against arbitrary deprivation of life and liberty to a source of multiple human rights. It covers rights like health, education, environment, privacy, speedy trial, shelter, livelihood, and even the right to die with dignity.

It shows the wisdom of the Indian judiciary in interpreting the Constitution as a living document. In a diverse country like India, Article 21 ensures that every individual, rich or poor, citizen or foreigner, has the right to live with dignity.

Thus, Article 21 is truly the heart and soul of Fundamental Rights and the backbone of Indian democracy.