Article 21 of the Indian Constitution is one of the most significant articles that protect the fundamental rights of every individual in the country. It is a comprehensive article that deals with various aspects of an individual's life, such as personal liberty, life, and property. The article is based on the idea that every individual has the right to live with dignity and without fear of the state's arbitrary actions.
Article 21 states that "No person shall be deprived of his life or personal liberty except according to a procedure established by law." The article guarantees the right to life and personal liberty, which is one of the most basic and fundamental human rights. It is the responsibility of the state to ensure that every individual has access to this right.
The right to life under Article 21 means more than just the right to exist. It includes the right to a dignified life, the right to livelihood, the right to a healthy environment, and the right to access to justice. The right to personal liberty means that an individual has the right to move freely, work, and reside anywhere in the country without any fear of arbitrary arrest or detention.
The scope of Article 21 has been expanded by various judicial interpretations over the years. It has been interpreted to include the right to privacy, the right to a fair trial, the right to legal aid, and the right to speedy trial, among others. The article has been instrumental in protecting the rights of individuals against the arbitrary actions of the state.
Right to Privacy
The right to privacy is an essential component of personal liberty. In Kharak Singh v. State of U.P (1962), the Supreme Court held that the right to privacy is not explicitly mentioned in the Constitution but is an essential ingredient of personal liberty. The court observed that "the right to personal liberty is not an absolute right, but any intrusion on it must be justified by law."
The right to privacy has been recognized as a fundamental right in various landmark judgments. In the Puttaswamy judgment (2017), the Supreme Court held that the right to privacy is a fundamental right under Article 21 of the Constitution. The court observed that "Privacy is an intrinsic part of life and personal liberty under Article 21 and is a constitutionally protected right."
The right to privacy has been instrumental in protecting individuals from the state's arbitrary actions, such as surveillance, interception of communications, and data collection. The right to privacy has also been used to challenge various laws, such as Section 377 of the Indian Penal Code, which criminalized homosexual acts. In Navtej Singh Johar v. Union of India (2018), the Supreme Court held that Section 377 of the Indian Penal Code is violative of the right to privacy and personal liberty.
Right to a Fair Trial
The right to a fair trial is an essential component of the right to life and personal liberty. In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to a fair trial is a fundamental right under Article 21 of the Constitution. The court observed that "the right to a fair trial is not a mere procedural right but is an essential part of the right to life and personal liberty."
The right to a fair trial includes various components, such as the right to a speedy trial, the right to legal aid, the right to cross-examine witnesses, and the right to be heard. The right to a fair trial has been instrumental in protecting individuals from arbitrary actions of the state and ensuring that justice is served.
Right to Legal Aid
The right to legal aid is an essential component of the right to a fair trial. In Hussainara Khatoon v. Home Secretary, State of Bihar (1980), the Supreme Court held that the right to legal aid is a fundamental right under Article
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