Changing Dimensions of Article 21 | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Article 21 of the Indian Constitution has been widely interpreted to protect various aspects of an individual's life, including shelter, food, and dignity, in response to societal changes.
• Derived from the American Constitution, Article 21 ensures that no individual can be deprived of life or personal liberty without the "Due Process of Law," granting courts the authority to review both substantive and procedural laws.
• Initially, Dr. B.R. Ambedkar proposed including the "Due Process of Law" concept in the Indian Constitution. However, concerns were raised by Alladi Krishnaswamy Aiyar, suggesting that it could impede social justice efforts. Hence, "Procedure Established by Law" was adopted, focusing on procedural laws and executive actions.
• Prior to 1978, Article 21 relied on "Procedure Established by Law," safeguarding against arbitrary executive actions but not legislative actions. This led to a narrow interpretation in the A.K. Gopalan case, which was broadened in the landmark Maneka Gandhi case, where the court recognized the importance of the "due process of law" under Article 21.

Understanding the Fundamental Aspects of Article 21

• Every individual is safeguarded from being deprived of their life or personal liberty unless done so through the established legal procedure.
• Article 21 can be asserted when an individual encounters deprivation of their "life" or "personal liberty" by the "state" as defined in article 12.
• It's important to note that violations of this right by private individuals do not fall under the scope of Article 21.
• Article 21 is applicable to natural persons. This right is accessible to every individual, whether a citizen or an alien. Therefore, even a foreigner can invoke this right. However, it does not grant a foreigner the right to reside and settle in India, as outlined in article 19(1)(e).

By comprehending the essence of Article 21, individuals can ensure their rights are protected in instances involving life and personal liberty. Let's delve deeper into each key point for a more in-depth understanding.

Legal Protection of Life and Personal Liberty

• The provision ensures that no individual can be deprived of their life or personal liberty without following the lawful procedures.

Scope of Article 21 in State Actions

• Article 21 comes into play when an individual faces restrictions on their "life" or "personal liberty" imposed by the state, as specified in article 12.

Limitations on Private Individuals

• It's crucial to recognize that violations of Article 21 rights by private entities are not covered under this provision.

Applicability to Natural Persons

• Article 21 extends its protective umbrella to all natural persons, irrespective of their citizenship status. Even non-citizens can exercise this right. However, it's essential to note that this right does not grant foreigners the privilege to permanently reside in India, as clarified in article 19(1)(e).

By grasping the nuances of Article 21, individuals can navigate legal protections concerning their life and personal freedom effectively.

Changing Dimensions of Article 21

Over time, the interpretation of life and liberty under Article 21 has evolved through key judicial pronouncements:

Interpretation in AK Gopalan v State of Madras

• In this case, the Supreme Court initially construed Article 21 narrowly, defining 'personal liberty' as protection solely for an individual's bodily integrity, safeguarding against harm inflicted by the State.
• The Court, notably, did not recognize the concept of 'due process of law' under Article 21. It asserted that laws impacting life and liberty could not be deemed unconstitutional merely due to the absence of natural justice or due procedure.

Evolution in Maneka Gandhi v Union of India

• In a subsequent landmark ruling, the Supreme Court broadened the scope of Article 21, equating liberty with personal liberty. It emphasized that 'personal liberty' encompassed the entirety of an individual's freedoms, aligning Article 21 with rights under Article 19.
• The Court established that Article 21 inherently embodies the principles of natural justice, necessitating that any law impinging on life or liberty must be just, fair, and reasonable.

Expanded Notions of 'Life' in Article 21

• Article 21's concept of 'life' transcends mere existence, encompassing:
• Right to live with human dignity
• Right to livelihood
• Right to health
• Right to pollution-free air
• Right to legal aid
• Right to shelter
• Right to privacy
• Right to travel, among others

Significant Legal Precedents

• Telephone Tapping Case (PUCL v UoI): The Supreme Court affirmed the right to privacy, stipulating guidelines for lawful telephone tapping to prevent unwarranted intrusions.
• Right to Die (P. Rathinam case): Recognizing the right to die as a fundamental right, the Court invalidated Section 309 of the IPC penalizing suicide attempts.

Landmark Decisions

• Recognition of LGBT Rights: Noteworthy judgments like Naz Foundation v Govt of NCT Delhi and NALSA v Union of India have advanced the rights of the transgender and LGBT community, emphasizing equality and dignity.
• Right to Privacy Upheld: Landmark cases such as Kharak Singh v State of UP and Justice K.S. Puttuswamy (Retd) v Union of India have cemented the right to privacy as a fundamental right, albeit subject to reasonable restrictions.

Protecting Workplace Rights

• Combatting Sexual Harassment: The Vishakha v. State of Rajasthan case highlighted the imperative to safeguard working women from sexual harassment, aligning with constitutional principles of gender equality and the right to life and liberty.

Article 21 During Emergency

• A.D.M. Jabalpur v. S. Shukla: Commonly known as the habeas corpus case, this ruling underscored the centrality of Article 21 in preserving life and personal liberty, even during states of emergency.

These legal milestones have significantly shaped the jurisprudence surrounding Article 21, underscoring the paramount importance of life and liberty in the Indian legal landscape.