Article 21 – Right to Life

Last Updated : 12 Feb, 2024

Article 21 – Right to Life: The right to life is one of the most important and untouchable ideals in the field of human rights. India’s Constitution, which protects these basic rights, dedicates Article 21 to this priceless cultural cornerstone. The fundamental elements of a fair and civilized society are encapsulated in Article 21 of the Indian Constitution, which protects the right to life and individual liberty. It maintains human dignity and individual freedom in addition to safeguarding life. Upholding the values of justice and humanity, Article 21 continues to be a cornerstone of India’s constitutional structure, with its scope increasing to encompass a variety of aspects that improve the quality of life.

Table of Content

What is Article 21 of the Indian Constitution?
Rights protected under Article 21
Important cases are concerned with Article 21

What is Article 21 of the Indian Constitution?

Article 21 of the Indian Constitution is a fundamental right that guarantees the protection of life and personal liberty. It is considered one of the most crucial and expansive provisions in the Constitution, embodying the essence of human rights and dignity. The text of Article 21 is as follows:

“Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to the procedure established by law.”

This article serves as a safeguard against arbitrary actions by the state that could infringe upon an individual’s right to life and personal liberty. The interpretation and application of Article 21 have evolved over the years through landmark judicial decisions, reinforcing the idea that the right to life is not merely survival but includes the right to live with dignity

What is Right to Life?

The Right to Life is a fundamental right recognized and protected by various legal systems and international human rights instruments. In the context of Article 21 of the Indian Constitution, the Right to Life is guaranteed. Article 21 states:

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

Rights protected under Article 21

Article 21 of the Indian Constitution safeguards several rights, including the right to life and personal liberty from arbitrary state actions. These rights collectively cover a broad spectrum of an individual’s well-being and dignity.

Right to life

Article 21 of the Constitution grants a comprehensive range of personal liberties aimed at safeguarding an individual’s freedom and well-being. These provisions collectively uphold a person’s liberty and dignity, reflecting the core principles enshrined in Article 21.”

Foundation in Universal Declarations: The right to life, liberty, and personal security is a fundamental element recognized in Article 3 of the Universal Declaration of Human Rights. It is reinforced by Article 6 of the International Covenant on Civil and Political Rights, affirming the inherent right to life for every human being, protected by law and with a strict prohibition against arbitrary deprivation.
Global Constitutional Inclusion: The right to life is not confined to international agreements alone. Many countries around the world have incorporated this essential right into their own national constitutions, emphasizing its universal significance.
Guardian Against Unjust Deprivation: This right serves as a pivotal safeguard against any unwarranted deprivation of life by the state, articulating the principle that no one’s life can be taken except through lawful procedures.
Expansive Interpretation in India: In the context of India, Article 21 and judicial interpretations have endowed the right to life with a broad connotation. Here, ‘life’ extends beyond mere biological existence, encompassing a wide array of related elements, including the right to live with dignity, access to healthcare, means of livelihood, personal privacy, and numerous other rights.
Cornerstone of All Rights: Recognized as the bedrock of fundamental rights, the right to life underpins the entire framework of human rights. It stands as the most significant among these rights and forms the foundation upon which other rights depend for their meaningful realization.
Essence of Human Existence: As humans, the right to life is intrinsic to our existence, as it entails access to health, liberty, safety, and various essentials that enable us to lead fulfilling lives, making it the essence of our very being.

Right to personal liberty

Article 21 grants a wide array of personal liberties to protect an individual’s freedom and well-being. These points collectively uphold a person’s liberty and dignity as enshrined in Article 21.

Historical Roots: The concept of personal liberty finds its historical roots in documents such as the English Magna Carta from 1215, which emphasized that “No freeman shall be taken or imprisoned, except by the law of the land.” This principle of personal liberty underscores an individual’s right to act as they wish, with the caveat that adherence to societal norms is essential.
Definition and Importance: Defined by Black’s Law Dictionary, personal liberty entails an individual’s freedom to conduct themselves according to their desires, provided they adhere to the societal code of conduct. It holds significant importance, as it upholds the notion that all individuals are inherently born free and should remain so. However, to ensure peaceful coexistence within society, reasonable restrictions are placed on personal liberty to prevent it from becoming a license for chaos. Essentially, personal liberty dictates that no one should be unjustly restrained unless lawful necessity demands it.
Evolution in India: In the Indian context, the concept of personal liberty gained prominence through legal cases such as A.K. Gopalan v. State of Madras (1959), where the detention of a communist leader raised issues of legality and the breach of personal liberty under Article 21 of the Indian Constitution. This case expanded the scope of personal liberty to include even the liberty of one’s physical body, encompassing essential activities like sleep and eating. Subsequently, in Kharak Singh v. State of U.P. and Others (1964), personal liberty was understood to extend beyond freedom of movement to encompass protection from unwarranted intrusions into one’s private life.

Important cases are concerned with Article 21

Several landmark cases in Indian jurisprudence have played a crucial role in defining and expanding the scope of Article 21 of the Constitution, which protects the right to life and personal liberty. Here are some important cases associated with Article 21:

Maneka Gandhi v. Union of India (1978):
- Issue: The case dealt with the cancellation of Maneka Gandhi’s passport by the government.
- Significance: The Supreme Court held that the right to travel abroad is included in the right to personal liberty under Article 21. This case broadened the interpretation of Article 21, emphasizing that personal liberty cannot be taken away except according to a fair and just procedure established by law.
Gopalan v. State of Madras (1950):
- Issue: The case dealt with preventive detention and the interpretation of Article 21 in the context of personal liberty.
- Significance: Initially, the court held a narrow view, stating that fundamental rights were distinct and operated in separate spheres. However, subsequent cases, including Maneka Gandhi, departed from this view and adopted a more integrated approach to fundamental rights.
Olga Tellis v. Bombay Municipal Corporation (1985):
- Issue: The case dealt with the eviction of pavement dwellers in Bombay.
- Significance: The Supreme Court recognized the right to livelihood as a part of the right to life under Article 21. The judgment emphasized that the right to life would be meaningless without the right to livelihood, highlighting the interconnectedness of socio-economic rights with the broader right to life.
Kharak Singh v. State of Uttar Pradesh (1962):
- Issue: The case dealt with the constitutional validity of certain police regulations affecting the personal liberty of an individual.
- Significance: While the majority opinion did not directly consider privacy as a fundamental right, Justice Subba Rao’s dissent laid the groundwork for recognizing the right to privacy as an integral part of the right to life and personal liberty under Article 21.
A.K. Gopalan v. State of Madras (1950):
- Issue: The case dealt with preventive detention laws and their compatibility with fundamental rights.
- Significance: Although the majority upheld the constitutional validity of preventive detention laws, Justice Fazl Ali’s dissent laid the foundation for a broader interpretation of personal liberty under Article 21.
Selvi v. State of Karnataka (2010):
- Issue: The case dealt with the admissibility of narco-analysis, brain mapping, and polygraph tests.
- Significance: The Supreme Court held that forcing an individual to undergo these tests without consent violates the right against self-incrimination, a part of the right to personal liberty under Article 21.
K.S. Puttaswamy v. Union of India (2017):
- Issue: The case dealt with the right to privacy as a fundamental right.
- Significance: The Supreme Court declared the right to privacy as a fundamental right emanating from Article 21. The judgment recognized the autonomy of an individual over personal decisions, reinforcing the comprehensive nature of the right to life and personal liberty.

Conclusion – Article 21 – Right to Life

The right to life and personal liberty, as guaranteed by Article 21 of the Indian Constitution, captures the fundamental elements of a fair and civilized society. It safeguards not just life but also personal freedom and self-respect. Its perspectives have broadened to encompass a variety of elements that go into leading a purposeful and happy life over time. Upholding the values of justice and humanity, Article 21 continues to be a cornerstone of India’s constitutional structure by striking a balance between individual rights and the greater good.

FAQs on Right to Life – Article 21

1. What does Article 21 say?

Protection of Life and Personal Liberty: A person cannot be deprived of their life or their freedom unless a legally prescribed process is followed.

2. What are the two rights of Article 21?

No person shall be deprived of his life or personal liberty except according to a procedure established by law, according to Article 21. Article 21 protects two rights: 1) The right to life as well. 2) The right to autonomy.

3. Why is Article 21 so important?

The State is required by Article 21 to protect each person’s right to life. The preservation of human life is therefore crucial.

4. What is the punishment of Article 21?

Only the most exceptional situations, where the case’s facts and circumstances are so serious as to inherently shock the court’s conscience, may result in the imposition of the death penalty.

5. How Article 21 is violated?

The Supreme Court has ruled that sexual harassment of women is a violation of the Right to Life, which is one of the most prized fundamental rights and is outlined in Art. 21.