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Article 21

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Polity/Constitutional Framework /Fundamental Rights/Right to Freedom/
Article 21

Article 21

Protection of Life and Personal Liberty
Article 21 ensures that no person can be deprived of their life or personal liberty without following a legal process. This right applies to both citizens and non-citizens.
  • Interpretation: In the Gopalan case (1950), the Supreme Court interpreted Article 21 narrowly, saying the protection is only against arbitrary executive action, not arbitrary legislative action. This means the State can deprive someone of life and liberty based on a law.
  • Due Process: The court later expanded its interpretation in the Maneka case (1978). Now, any law that prescribes the procedure for depriving life or liberty must be reasonable, fair, and just, aligning with the principles of natural justice.
  • Right to Life: The right to life isn't just about basic survival; it includes living with human dignity and having a meaningful, complete life.
  • Personal Liberty: The right to personal liberty covers a variety of rights related to a person’s body and life, ensuring protection from arbitrary actions.
The Supreme Court has reaffirmed its judgement in the Maneka case in subsequent cases. It has declared the following rights as part of Article 21:
  1. Right to live with human dignity.
  1. Right to a decent environment, including pollution-free water and air, and protection against hazardous industries.
  1. Right to livelihood.
  1. Right to privacy.
  1. Right to shelter.
  1. Right to health.
  1. Right to free education up to 14 years of age.
  1. Right to free legal aid.
  1. Right against solitary confinement.
  1. Right to a speedy trial.
  1. Right against handcuffing.
  1. Right against inhuman treatment.
  1. Right against delayed execution.
  1. Right to travel abroad.
  1. Right against bonded labour.
  1. Right against custodial harassment.
  1. Right to emergency medical aid (right to a doctor's assistance).
  1. Right to timely medical treatment in government hospitals.
  1. Right not to be driven out of a state.
  1. Right to a fair trial.
  1. Right of prisoners to have necessities of life.
  1. Right of women to be treated with decency and dignity.
  1. Right against public hanging.
  1. Right to roads in hilly areas.
  1. Right to information.
  1. Right to reputation.
  1. Right of appeal from a judgement of conviction.
  1. Right to family pension.
  1. Right to social and economic justice and empowerment.
  1. Right against bar fetters.
  1. Right to an appropriate life insurance policy.
  1. Right to sleep.
  1. Right to freedom from noise pollution.
  1. Right to sustainable development.
  1. Right to opportunity.
  1. Right to decent burial/cremation.
  1. Right to marry a person of one's choice.
  1. Right to die with dignity (passive euthanasia).