Right To Life And Personal Liberty
(Article 21)
A.K Gopalan vs. the State of Madras, 1951
Hon’ble Supreme Court held that the protection of Article 21 is available only against the executive action. But legislative may deprive a person by making a law.
Maneka Gandhi vs. UOI, 1978
In this case, Hon’ble Supreme Court held that the protection of Article 21 is available not only against executive action but also against legislative.
In simple words, the legislature cannot deprive a person of the right to life and personal liberty even by making a law.
Scope Of Article 21
A person can only be deprived of his right to life and personal liberty by the procedure, which is established by law. For example, Death sentence while satisfying rarest of the rare case theory.
The right to life does not mean only animal existence. Under this article right to life means all the aspects of life which make human life dignified.
Kharak Singh vs. the State of UP and Others
The right to privacy is included in the right to life.
Sunil Batra vs. Delhi Administration
Protection to the convicted and accused person.
In this case, the Supreme Court held that fatal cuffs are unconstitutional for a convicted person because it is an inhuman behaviour with the prisoners, and it is a violation of Article 21.
Prem Shankar Shukla vs. Delhi Administration
Hon’ble Supreme court held that handcuffing is also unconstitutional because it is violative of Article 21.
Mohini Jain vs. the State of Karnataka, 1992 SC
Supreme Court held that the right to life includes the right to education also.
Unni Krishnan vs. the State of Andhra Pradesh, 1993 SC
Supreme court held the right to education is a fundamental right, as decided in Mohini Jain Case. But in such case, Hon’ble Supreme Court fixed the age that it is a fundamental right to the children for the age of 6-14 years.
In the light of two above judgements, the parliament enacted the Free and Compulsory Education Act, 2009.
Satwant Singh vs. APO Delhi
In this case, Hon’ble Supreme Court held that right to go abroad is a fundamental right under Article 21.
