What is Article 21? The Right to Life Under Indian Constitution

Article 21 of the Indian Constitution guarantees the fundamental right to life and personal liberty to all individuals within the territory of India. It is one of the most important and widely interpreted provisions in the Constitution. Here's an overview of the right to life under Article 21:

• Protection of Life: Article 21 ensures the protection of every person's life, regardless of their citizenship or status. It establishes that no person shall be deprived of their life except according to the procedure established by law. This means that the state cannot take away a person's life arbitrarily but only in accordance with a fair and just legal process.
• Personal Liberty: Article 21 also guarantees the right to personal liberty. It protects individuals from arbitrary arrests, detentions, and imprisonments. It ensures that no person shall be deprived of their liberty except in accordance with the procedure established by law. This means that the state can only restrict a person's liberty through lawful procedures and not in an arbitrary or unjust manner.
• Scope of Article 21: Over the years, the Supreme Court of India has interpreted the right to life under Article 21 in a broad and expansive manner. The court has held that the right to life includes the right to live with dignity, the right to privacy, the right to health, the right to clean environment, the right to legal aid, the right to livelihood, and several other rights necessary for a meaningful existence.
• Positive Obligations: The right to life under Article 21 imposes positive obligations on the state to take necessary measures to protect and preserve life. This includes providing adequate healthcare facilities, ensuring a clean and healthy environment, preventing custodial violence, and taking steps to reduce poverty and inequality.
• Judicial Activism: The Supreme Court of India has played a crucial role in expanding and safeguarding the right to life under Article 21. Through its activism, the court has interpreted the provision in a progressive manner, extending its protection to various aspects of human life and welfare.
• Limitations: While Article 21 guarantees the right to life and personal liberty, it is not an absolute right. It can be restricted by the state under certain circumstances, such as in cases of legitimate criminal prosecution, national security, or public order. However, such restrictions must be reasonable, proportionate, and in accordance with the procedure established by law.

Overall, Article 21 of the Indian Constitution provides a broad and robust protection of the right to life and personal liberty. It ensures that individuals have the right to live with dignity and safeguards them against arbitrary state action. The interpretation and application of Article 21 continue to evolve through judicial decisions, reflecting the changing needs and aspirations of the society.

Article 21 of the Indian Constitution is one of the fundamental rights enshrined in Part III of the Constitution. It reads as follows:

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

Article 21, often referred to as the "Right to Life and Personal Liberty," is one of the most crucial and expansive fundamental rights guaranteed to the citizens of India. Here's an explanation of its significance and scope:

1. Right to Life: Article 21 protects the right to life, which encompasses not only the right to exist but also the right to live with human dignity. It signifies that life should not be taken away arbitrarily or unlawfully, and it extends to the protection of the physical, mental, and emotional well-being of individuals.
2. Personal Liberty: Article 21 also safeguards personal liberty, ensuring that individuals are not unlawfully detained or imprisoned. It guarantees freedom from arbitrary arrests and unlawful confinement.
3. Procedure Established by Law: The phrase "except according to procedure established by law" means that restrictions on the right to life and personal liberty must be imposed through a valid and just legal process. In other words, any deprivation of life or personal liberty must be in accordance with established legal procedures.
4. Scope and Interpretation: Over the years, the Supreme Court of India has interpreted Article 21 expansively to include a wide range of rights and freedoms, such as the right to privacy, right to a fair trial, right to legal aid, right to live in a pollution-free environment, right to education, right to health, and more. These interpretations have significantly broadened the scope of Article 21.
5. Limitations: While Article 21 protects fundamental rights, it is not absolute. The Constitution allows for reasonable restrictions on these rights under certain circumstances, such as for the maintenance of public order, national security, or the prevention of crime. However, these restrictions must be just, fair, and in accordance with the law.
6. Social Justice: Article 21 plays a crucial role in promoting social justice by emphasizing the importance of human dignity and individual rights. It has been used in several landmark judgments to protect the rights of marginalized and vulnerable populations.

Some significant Supreme Court judgments related to Article 21 include decisions on the right to privacy (Justice K.S. Puttaswamy v. Union of India), the right to die with dignity (Common Cause v. Union of India), and the right to a clean and healthy environment (MC Mehta v. Union of India), among others.

In summary, Article 21 of the Indian Constitution is a fundamental right that protects the right to life and personal liberty, and it has been interpreted expansively to include a wide range of related rights. It underscores the principle that the state must respect and protect the dignity and rights of all individuals.