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what are the essential elements present in constitution for right to life?
In the Indian Constitution, the right to life is enshrined as a fundamental right under Article 21. Here are some essential elements present in the Indian Constitution with regards to the right to life: 1. Article 21: Article 21 of the Indian Constitution states that "No person shall be deprived ofRead more
In the Indian Constitution, the right to life is enshrined as a fundamental right under Article 21. Here are some essential elements present in the Indian Constitution with regards to the right to life:
1. Article 21: Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This provision ensures that every individual has the right to life and personal liberty, which cannot be taken away arbitrarily.
2. Right to Dignity: The Supreme Court of India has interpreted the right to life under Article 21 to include the right to live with dignity. This has expanded the scope of the right to life to encompass basic necessities for a dignified life.
3. Right to Privacy: The right to privacy has been recognized as a part of the right to life under Article 21. In landmark judgments such as Puttaswamy v. Union of India, the Supreme Court affirmed that privacy is an integral part of personal liberty and the right to life.
4. Right to Health: The right to health is considered an essential component of the right to life under Article 21. The Indian government is obligated to take measures to ensure access to healthcare services and promote public health to protect individuals’ lives.
5. Right to Clean Environment: The Supreme Court has held that the right to life under Article 21 includes the right to a clean and healthy environment. This recognition emphasizes the importance of environmental protection for safeguarding human life.
6. Right against Custodial Violence: The right to life under Article 21 includes the right to be free from custodial violence and torture. The Supreme Court has emphasized the importance of protecting individuals’ physical and mental integrity while in custody.
7. Right to Legal Aid: The right to legal aid is considered a part of the right to life under Article 21, ensuring that individuals have access to legal assistance to defend their rights and liberties.
These elements underscore the comprehensive nature of the right to life in the Indian Constitution, encompassing not only the protection of physical life but also factors that contribute to a meaningful and dignified existence. The interpretation and application of these elements have been shaped through various judicial pronouncements that have expanded the scope of the right to life in India.
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