Synopsis article 21 of the constitution of india, a very familiar fundamental right, applicable to all persons under part iii of the constitution of india. Right to privacy inherently protected under fundamental. The object of the fundamental right under article 21 is to prevent encroachment upon personal liberty and deprivation of life except according to procedure. Right to life and personal liberty is the most cherished and pivotal fundamental.
Article 21 is concern with right to life and liberty in literal sense, but due to liberal interpretation of same article the court has expanded its scope. Though the phraseology of article 21 starts with negative word but the word no has been used in relation to the word deprived. Article 21 of indian constitution a mandate to pollution free environment. An overview of article 21 of the indian constitution international. 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 of the constitution of india right to life. The supreme court of india in the famous gopalan case 1950 held that protection under article 21 is available only against arbitrary executive action and not. Universal declaration of human rights united nations. A ninejudge constitution bench of the supreme court on august 24 ruled that right to privacy is intrinsic to life and liberty and is inherently protected under. Everyone has the right to life, liberty and the security of person.
The motive of the fundamental right as laid down under article 21 is to preempt any infringement of personal liberty and denial of life except according to. Fundamental right under article 21 of the object personal liberty except according to procedure established by law is to prevent encroachment on and loss of life. United nations niversa eclaratio uma ight 1 whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom. The right to life constitutes one of the main human rights and freedoms, foreseen by article 21 of the albanian constitution and article 2 of european human rights convention. According to article 21 says, no person shall be deprived of his life or personal liberty except according to procedure establishedby law. Right to life under article 21 is something more than mere survival or animal existence.
Fundamental right under article 21 of the object personal liberty except according. The term life under article 21 does not mean a mere animal existence, rather it means to live life with human dignity, right to livelihood, right to privacy, right to compensation etc. Article 2 of the human rights act protects your right to life this means that nobody, including the government, can try to end your life. The object of the fundamental right under article 21 is to prevent encroachment upon personal liberty and deprivation of life except according to procedure established by law. If there is one article in the entire indian constitution which has been interpreted expansively in favour of individuals it is article 21. Right to life under article 21 of the constitution of india. In short in such a case the fundamental right guaranteed under article 21 will. Right to life and personal liberty, euthanasia and right to life. Right to life top judgement which shaped article 21. The universal declaration of human rights the universal declaration of human rights udhr is a milestone document in the history of human rights. Different dimensions of article 21 of indian constitution no person except according to procedure established by law shall be deprived of his life or personal liberty. Article 21 of the constitution of india right to life and personal. Examination of article 21 right to life and personal liberty wwjmrd. Under the canopy of article 21, so many rights have found shelter, growth, and nourishment.
Without the intent of a complete work, we understand, throughout this study, to highline the great importance of the right to life respecting for the entire humanity. It also means the government should take appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by taking steps to protect you if your life is at risk. Article 21 of the indian constitution with important. Right to life article 21 of the indian constitution indian polity. Article 21 of the constitution of india the expanding.
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