Rights Under Article 21 of the Constitution | UPSC Mains GENERAL-STUDIES-PAPER-I 2012

What are the Rights within the ambit of Article 21 of the Indian Constitution?

How to Approach

The question requires a concise yet comprehensive answer outlining the rights encompassed within Article 21 of the Indian Constitution. The approach should begin by defining Article 21 and its core principle – the right to life and personal liberty. Then, systematically elaborate on the expanding scope of this right through judicial interpretations, covering procedural, substantive, and emerging dimensions. Focus on landmark cases that have broadened the interpretation. Structure the answer by categorizing the rights under Article 21 for clarity.

Rights within the Ambit of Article 21

The rights falling under Article 21 can be broadly categorized into procedural, substantive, and emerging rights.

1. Procedural Safeguards

These relate to fair, just, and reasonable procedures that the state must follow before depriving a person of their life or liberty. Key aspects include:

Right to a fair trial: Guaranteed under Articles 22 and other provisions, ensuring due process of law.
Legal Aid: Khatri v. State of Bihar (1981) mandated free legal aid to ensure a fair trial for those unable to afford it.
Right to be informed of grounds of arrest: Hussainara Khatoon v. State of Bihar (1979) highlighted the right of prisoners to be informed about the reasons for their detention.
Right against solitary confinement: Extended through judicial interpretation to prevent cruel and unusual punishment.

2. Substantive Rights

These define the content of ‘life’ itself, extending beyond mere survival to include essential aspects of human existence.

Right to Livelihood: Olga Tellis v. Bombay Municipal Corporation (1985) recognized the right to livelihood as an integral part of the right to life, preventing eviction without rehabilitation.
Right to Education: The 86th Amendment Act (2002) made education a fundamental right under Article 21A, recognizing its importance for a dignified life.
Right to Health: The state has a duty to provide adequate healthcare facilities. Judicial pronouncements have emphasized the right to health as part of Article 21.
Right to a clean environment: Recognized as essential for a dignified life. Public Interest Litigations (PILs) frequently invoke Article 21 to address environmental pollution.
Right to Privacy: Declared a fundamental right inherent in Article 21 by the Supreme Court in K.S. Puttaswamy v. Union of India (2017).

3. Emerging Rights

These are rights that are increasingly being recognized as falling within the ambit of Article 21, reflecting evolving societal values and concerns.

Right to Reputation: Though not explicitly mentioned, the Supreme Court has linked reputation to personal liberty.
Right to Internet Access: The Supreme Court in Maneka Gandhi v. Union of India (1978) broadened the scope of personal liberty to include the right to travel abroad, and this principle is now being extended to digital freedoms. The Kerala High Court in Faheema Shirin v. State of Kerala (2019) declared internet access a fundamental right.
Right to Die with Dignity: The Supreme Court has recognized the right to passive euthanasia under strict conditions, allowing individuals to refuse life-sustaining treatment. (Common Cause v. Union of India (2018))

4. Limitations

While expansive, Article 21 is not absolute. The state can impose reasonable restrictions on these rights through a law that is just, fair, and reasonable. However, the procedure established by law must adhere to principles of natural justice.

Additional Resources

Key Definitions

Personal Liberty

Personal liberty encompasses a wide range of rights relating to a person’s body, movement, and reputation, free from unlawful restraint or interference.

Due Process of Law

Due process of law refers to the legal requirement that the state must respect all legal rights that are owed to a person. It ensures fairness and prevents arbitrary state action.

Key Statistics

As of 2023, over 60% of the Indian prison population consists of undertrials, highlighting the importance of procedural safeguards under Article 21.

Source: National Crime Records Bureau (NCRB) data, 2023 (knowledge cutoff)

According to a 2022 report by the Legal Aid Services Authority, approximately 60% of the Indian population is eligible for free legal aid, highlighting the importance of Article 21’s procedural safeguards.

Source: Legal Aid Services Authority Report, 2022 (knowledge cutoff)

Examples

Right to Health - COVID-19 Pandemic

During the COVID-19 pandemic, PILs were filed invoking Article 21 to ensure access to essential medical supplies like oxygen, hospital beds, and vaccines, demonstrating the right to health as a crucial component of the right to life.

Frequently Asked Questions

▶Can the state restrict Article 21 rights?

Yes, the state can impose reasonable restrictions on Article 21 rights, but only through a law that is just, fair, and reasonable, and adheres to principles of natural justice. The restrictions must be proportionate to the objective sought to be achieved.