Introduction
Article 21 is the most important article provided by the Constitution of India. It is the Article which gives meaning to life. In addition, it is one of the Fundamental rights provided by the Constitution of India, but it takes on its shoulder the responsibility of fulfilling our many rights. It can be considered as the soul of the Constitution of India.
Article 21 states that “No person shall be deprived of his life or personal liberty, except according to the procedure established by law.”
It constitutes many rights under it. It is not an exhaustive Article. Even today, any new judgment passed by the Supreme Court related to this Article can be added in this Article in the form of a right.
The rights under this Article are not only available to the citizens but also to all natural persons. and to foreigners as well.
This article comprises 2 things-
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Right to life-
It includes a right to live with human dignity. Life of a human does not merely mean only existence. A value to it has been provided by giving various rights. For e.g. right to livelihood, right to reputation, right to a clean environment and water.
Human existence is not merely providing humans with food, clothing, and shelter, but providing them with many extra rights which will add to their existence.
Woman’s safety is one of the most prevailing issues in our country. Article 21 gives many rights to women for their upliftment and safety. A human life should be valued. Therefore, we are not allowed to commit suicide as per this article. Right to life is a natural right embodied in Article 21 but suicide is an unnatural termination of life, therefore, inconsistent with the concept of the right to life.
2. Right to personal liberty –
One of the major components of personal liberty is a right to privacy. People should have the right to be free from unwanted publicity. Privacy to maintain personal life as personal. One case of the right to privacy is telephone tapping. No one may tap your phone unless allowed by any competent authority or warranted by National interest.
Right to privacy also includes a woman’s right to make reproductive choices. A woman cannot be compelled to have a baby or to abort one without her wish. But even today, women mostly in rural areas have to go through this for almost half of their lives. Right to privacy is not an absolute right. Several statutes have provided reasonable restrictions to it.
We have a right to settle anywhere. Prisoners have a right against illegal detention and can ask for which offence they have been detained. Prisoners also have a right to a speedy and fair trial.
In the Constitution’s preamble of India, it has been mentioned that it is the duty of the State to secure to all its citizens’ justice, liberty of thought, expression, belief, faith and worship, equality of status and opportunity. In conclusion, the right to life and personal liberty constitutes all of this.
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