Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is available to every person, citizens and foreigners alike.

Article 21 is a provision of the Universal Declaration of Human Rights (UDHR), which states:

“(1) Everyone has the right to take part in the government of their country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in their country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

This article recognizes the importance of political participation and equal access to public services for all individuals, regardless of their race, gender, or any other personal characteristics. It emphasizes the need for democratic processes, such as free and fair elections, to ensure that the government is accountable to the will of the people. Overall, Article 21 promotes the principles of democracy and human rights.

 

Article 21 of the Indian Constitution guarantees the protection of life and personal liberty to every citizen of India. This fundamental right is considered one of the most important rights as it ensures that no person shall be deprived of their life or personal liberty except in accordance with the procedure established by law.

The scope of Article 21 is broad and encompasses various aspects of human life. It includes the right to live with human dignity, the right to livelihood, the right to health, the right to privacy, the right to personal autonomy, and the right to a pollution-free environment. The Supreme Court of India has interpreted Article 21 in various landmark judgments to expand its scope and ensure that the fundamental right is protected in all aspects.

Article 21 of the Constitution of India is one of the most fundamental and significant articles, which provides protection to the life and personal liberty of every person in India. The article states:

“No person shall be deprived of his life or personal liberty except according to the procedure established by law.”

Here are some of the consequences of Article 21 in India:

1. Right to life: Article 21 of the Indian Constitution guarantees the right to life to every person. This right is not only about the physical existence of an individual, but it also includes the right to a dignified life, health, and basic necessities.
2. Right to personal liberty: The right to personal liberty is another important consequence of Article 21. This right provides protection against arbitrary arrest and detention.
3. Right to fair trial: Article 21 ensures that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This means that every person is entitled to a fair trial, and no one can be punished without being given an opportunity to defend himself.
4. Protection against torture and inhumane treatment: Article 21 also provides protection against torture and inhumane treatment. The Supreme Court of India has interpreted the right to life and personal liberty as including the right to live with dignity and free from any form of torture or cruel, inhuman, or degrading treatment.
5. Right to privacy: The Supreme Court of India has held that the right to privacy is a part of the right to life and personal liberty under Article 21. This means that every person has the right to be left alone and to have control over his or her personal information.
6. Right to education: The Supreme Court of India has held that the right to education is also a part of the right to life and personal liberty under Article 21. This means that every person has the right to education and the government has a duty to provide free and compulsory education to all children up to the age of 14 years.

Overall, Article 21 is a critical provision of the Indian Constitution that ensures protection to the fundamental rights of every person in India.

Some of the important judgments by the Supreme Court of India on Article 21 are:

Maneka Gandhi v. Union of India (1978): This case expanded the scope of Article 21 by stating that the right to life includes the right to travel abroad.
Olga Tellis v. Bombay Municipal Corporation (1985): In this case, the Supreme Court held that the right to livelihood is a part of the right to life under Article 21.

People’s Union for Democratic Rights v. Union of India (1982): This case recognized the right to health as a fundamental right under Article 21.

K.S. Puttaswamy v. Union of India (2017): This case recognized the right to privacy as a fundamental right under Article 21.

As of my knowledge cutoff of September 2021, here are some recent judgements by the Hon’ble Supreme Court of India on Article 21 of the Indian Constitution which deals with fundamental rights:

Navtej Singh Johar v. Union of India (2018): The Supreme Court in this landmark judgement decriminalized consensual homosexual acts between adults. The Court held that the right to sexuality and sexual orientation is an integral part of the right to privacy under Article 21.
KS Puttaswamy v. Union of India (2017): In this case, the Supreme Court declared the right to privacy as a fundamental right under Article 21. The Court held that the right to privacy is an intrinsic part of the right to life and personal liberty.
Common Cause v. Union of India (2018): The Supreme Court in this case recognized the right to die with dignity as a fundamental right under Article 21. The Court allowed passive euthanasia under strict guidelines.