LLM Notes: Significance of Article 21 of Indian constitution in Promoting Human Rights

 Article 21 of the Indian Constitution, which states, "No person shall be deprived of his life or personal liberty except according to procedure established by law," is a cornerstone for the protection and promotion of human rights in India. It guarantees two fundamental rights: the right to life and the right to personal liberty. Over time, the judiciary has interpreted Article 21 expansively, transforming it into a powerful tool for safeguarding human dignity and promoting various facets of human rights.

Key Contributions of Article 21 to Human Rights

1. Protection Against Arbitrary Actions:
   Article 21 ensures that life and liberty cannot be curtailed arbitrarily by the State, requiring adherence to fair, just, and reasonable legal procedures.

2. Expansive Interpretation:
   The judiciary has broadened the scope of Article 21 to include rights such as dignity, privacy, health, education, livelihood, shelter, and a clean environment. These interpretations align with evolving societal needs.

3. Universal Applicability:
   Article 21 applies to all individuals within India—citizens and non-citizens alike—ensuring universal protection against arbitrary deprivation of life and liberty.

4. Judicial Activism:
   Through Public Interest Litigation (PIL), collective rights have also been enforced under Article 21, making it a dynamic tool for addressing systemic issues affecting marginalized communities.

Landmark Judgments Expanding Article 21

Several landmark judgments have significantly contributed to the promotion of human rights under Article 21:

Maneka Gandhi v. Union of India (1978):

The Supreme Court ruled that the procedure established by law must be fair, just, and reasonable. It expanded the concept of "life" beyond mere physical existence to include living with dignity.

Olga Tellis v. Bombay Municipal Corporation (1985):

The Court held that the right to livelihood is an integral part of the right to life under Article 21. Depriving individuals of their livelihood without due process violates their fundamental rights.

Vishakha v. State of Rajasthan (1997):

This case recognized sexual harassment at the workplace as a violation of a woman's right to live with dignity under Article 21. It led to the formulation of Vishakha Guidelines for workplace safety.

K.S. Puttaswamy v. Union of India (2017):

The Supreme Court declared privacy as a fundamental right under Article 21, emphasizing its importance in protecting individual autonomy and dignity.

Chameli Singh v. State of Uttar Pradesh (1995):

The Court ruled that the right to shelter is part of the right to live with dignity under Article 21. It emphasized access to basic amenities like food, water, sanitation, and electricity as essential for meaningful living.

Suchita Srivastava v. Chandigarh Administration (2010):

The Court recognized reproductive choices as part of personal liberty under Article 21, highlighting women's autonomy over their bodies while balancing state interests in protecting life.

Lata Singh v. State of Uttar Pradesh (2006):

The Supreme Court upheld an individual's right to marry a partner of their choice as part of personal liberty under Article 21, including inter-caste and inter-faith marriages.

Conclusion

Article 21 is pivotal in promoting human rights in India by ensuring protection against arbitrary actions and fostering human dignity through expansive judicial interpretations. Landmark judgments have transformed this provision into a dynamic instrument for addressing diverse issues such as gender equality, privacy, environmental protection, and social justice. Its evolving jurisprudence continues to adapt to new challenges, reinforcing India's commitment to upholding fundamental human rights in a democratic society.

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