Right to Life and Personal Liberty

Right to Life and Personal Liberty, enshrined under Article 21 of the Indian Constitution, is one of the most significant fundamental rights. It guarantees every individual the right to live with dignity and personal freedom, ensuring protection from arbitrary state actions. Over the years, the judiciary has expanded its scope, transforming it into a cornerstone of human rights jurisprudence in India.

Text of Article 21

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

This provision emphasizes two fundamental aspects:

1. Life: Not just mere physical existence but a dignified and meaningful life.
2. Personal Liberty: Freedom from physical restraint and the right to make personal choices.

Evolution of Article 21

1. A.K. Gopalan v. State of Madras (1950)

   • The initial interpretation of Article 21 was narrow, limiting it to procedures explicitly established by law, even if the law was unjust.

2. Maneka Gandhi v. Union of India (1978)

   • Expanded the scope of Article 21 by linking it to Articles 14 (equality before the law) and 19 (freedoms).
   • The Supreme Court held that the “procedure established by law” must be “fair, just, and reasonable.”

Key Dimensions of the Right to Life

1. Right to a Dignified Life

   • Includes the right to basic necessities such as food, shelter, healthcare, and education.
   • Example: In Francis Coralie Mullin v. Union Territory of Delhi (1981), the court held that life includes the right to live with dignity and not merely animal existence.
2. Right to Health
   • Recognized as an integral part of the right to life.
   • Example: In Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the court emphasized the state’s duty to provide medical facilities.

3. Right to Education

   • The Unnikrishnan v. State of Andhra Pradesh (1993) case paved the way for recognizing education as part of the right to life, leading to the enactment of the Right to Education Act, 2009.
4. Right to Privacy
   • Declared a fundamental right under Article 21 in the K.S. Puttaswamy v. Union of India (2017) judgment.

5. Right to Clean Environment

   • The court has linked environmental protection to the right to life in cases like Subhash Kumar v. State of Bihar (1991).

6. Right to Die with Dignity

In Common Cause v. Union of India (2018), the court recognized passive euthanasia and living wills as part of Article 21.

Key Dimensions of Personal Liberty

• Protection from Arbitrary Arrest

Safeguards individuals from unlawful detention or state overreach.

• Freedom of Movement and Residence

Includes the right to travel and reside anywhere within India.

• Right to Choose

Extends to personal choices such as marriage, religion, and lifestyle.

• Bodily Autonomy

Recognized in cases involving reproductive rights, medical decisions, and sexual autonomy.

Limitations of Article 21

• The right can be curtailed if a law satisfies the criteria of being “just, fair, and reasonable.”
• It does not protect against deprivation of life or liberty under due legal process, such as punishment for crimes.

Challenges in Implementation

• Inequality:

Marginalized groups often struggle to access their rights due to socio-economic barriers.

• Judicial Overreach:

Expansive interpretations sometimes blur the separation of powers.

• State Excesses:

Instances of custodial deaths and arbitrary detentions highlight gaps in enforcement.