Judiciary Exams Exam > Judiciary Exams Notes > Important Acts and Laws for Judiciary Exams > A Human Rights Perspective in Expansion of Article 21 of the Constitution of India
A Human Rights Perspective in Expansion of Article 21 of the Constitution of India | Important Acts and Laws for Judiciary Exams PDF Download
| Table of contents |
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| The Concept of Human Rights |
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| Human Rights in India |
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| Understanding Article 21 |
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| Article 21 and the Emergency |
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| Conclusion |
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The Concept of Human Rights
Human Rights are fundamental rights inherent to all human beings, providing basic freedoms regardless of background. These rights, originating from Natural Rights, are essential for a dignified life.
Human Rights in India
In India, Human Rights have historical significance, evolving from the British era to the present constitutional framework. The Constitution of India, especially in Part III, IV, and IV (A), enshrines these rights, with Article 21 safeguarding the right to life and personal liberty.
Understanding Article 21
Article 21 protects life and personal liberty, ensuring no deprivation without due process of law. This right has evolved through judicial interpretations, expanding to encompass various aspects of dignified living.
Key Judgments:
- Maneka Gandhi v. Union of India, 1978: Expanded the interpretation of personal liberty.
- Aruna Ramchandra Shanbaug v. Union of India, 2011: Legalized passive euthanasia.
- Peoples Union of Democratic Rights v. Union of India, 1982: Upheld the right to live with basic human dignity.
- M. C. Mehta vs. Union of India, 1988: Emphasized the right to a clean environment under Article 21.
Article 21 and the Emergency
Article 21 remains applicable even during emergencies, safeguarding life and personal liberty as fundamental freedoms.
Question for A Human Rights Perspective in Expansion of Article 21 of the Constitution of IndiaTry yourself: What does Article 21 of the Indian Constitution protect?View Solution
Conclusion
Judicial activism and landmark judgments have expanded the scope of Article 21, emphasizing the right to live with dignity. Despite progress, challenges remain in ensuring the effective implementation of these rights, necessitating ongoing review and reform.
Remember, "Peace can only last where Human Rights are respected, where the people are fed, and where individuals and nations are free."
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FAQs on A Human Rights Perspective in Expansion of Article 21 of the Constitution of India - Important Acts and Laws for Judiciary Exams
| 1. What is the significance of Article 21 in the Constitution of India? |  |
Ans. Article 21 of the Constitution of India guarantees the right to life and personal liberty, which is considered to be one of the most fundamental human rights. It ensures that every individual has the right to live with dignity and freedom.
| 2. How has the judiciary expanded the scope of Article 21 over the years? | |
Ans. The judiciary in India has interpreted Article 21 expansively to include various rights such as the right to privacy, right to clean environment, right to health, right to education, etc. This expansion has been crucial in protecting the rights and freedoms of citizens.
| 3. How does a human rights perspective influence the interpretation of Article 21? | |
Ans. A human rights perspective emphasizes the inherent dignity and worth of every individual, which aligns with the principles enshrined in Article 21. This perspective guides the judiciary to protect and promote the human rights of all individuals.
| 4. How can individuals enforce their rights under Article 21 through the legal system? | |
Ans. Individuals can enforce their rights under Article 21 by approaching the courts through writ petitions such as habeas corpus, mandamus, certiorari, etc. The judiciary plays a crucial role in upholding the rights guaranteed under Article 21.
| 5. What are some recent landmark judgments related to the expansion of Article 21 in India? | |
Ans. Some recent landmark judgments related to the expansion of Article 21 include the Right to Privacy judgment, the Right to Die with Dignity judgment, and the Right to Clean Environment judgment. These judgments have further strengthened the protection of fundamental rights under Article 21.
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Nov 22, 2024 Last updated |
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