Importance of the Right to Life and Personal Liberty Under Article 21 of the Constitution

Introduction

Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty, stating that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This right is fundamental to the preservation of human dignity and is a cornerstone of individual freedoms in India.

Importance of Article 21

1. Core Fundamental Right:
   • Article 21 is a fundamental right that protects individuals from arbitrary deprivation of life and personal liberty. It is essential for ensuring that individuals can live with dignity and security.
   • This right is pivotal for safeguarding various other rights and freedoms, providing a base for personal autonomy and security.
2. Universal Applicability:
   • The Right to Life extends beyond mere existence to encompass a wide range of personal and social freedoms. It is applicable to all individuals regardless of their background, thereby upholding equality and justice.

Judicial Expansion of Article 21

1. Encompassing Human Dignity:
   • The Supreme Court of India has significantly expanded the scope of Article 21 through judicial interpretations. In Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981), the Court recognized that the right to life includes the right to live with human dignity.
   • Unnikrishnan v. State of Andhra Pradesh (1993) established that the right to life includes the right to education, emphasizing the integral connection between life and access to education.
2. Right to Privacy:
   • The landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) declared that the right to privacy is a fundamental right under Article 21. This decision marked a significant expansion by affirming privacy as essential for human dignity and autonomy in the digital age.
3. Due Process and Fair Treatment:
   • The Maneka Gandhi v. Union of India (1978) case established that the procedure for depriving an individual of their personal liberty must be fair, just, and reasonable, reflecting the principles of due process.
   • The Court has reiterated that any law that affects the right to life must conform to the principles of fairness and non-arbitrariness, as seen in A.K. Gopalan v. State of Madras (1950) and subsequent rulings.
4. Right to Health:
   • The right to health was recognized as part of the right to life in Paschim Bengal Khet Mazdoor Samity v. State of West Bengal (1996). The Court held that the State is obligated to provide adequate medical facilities and care to ensure the right to health.

Challenges in Implementation

1. Legal and Administrative Challenges:
   • Despite expansive judicial interpretations, implementation remains a challenge. For example, the Right to Health faces difficulties in effective delivery, particularly in rural and underdeveloped areas where healthcare infrastructure is inadequate.
   • Access to Education remains uneven due to disparities in resources, regional inequalities, and socio-economic barriers, affecting the realization of the right to education.
2. Privacy Concerns:
   • The growing use of technology and surveillance has raised concerns about privacy and data protection. The Personal Data Protection Bill, 2023, aims to address these concerns, but its effective implementation and adherence to privacy norms remain critical challenges.
3. Economic and Social Disparities:
   • Economic inequalities and social injustices continue to affect the realization of the right to a decent standard of living, impacting marginalized groups disproportionately. The implementation of social welfare schemes and measures to address poverty and inequality is crucial.
4. State and Institutional Failures:
   • Instances of police brutality, custodial deaths, and human rights violations highlight the gap between constitutional guarantees and ground realities. Ensuring accountability and transparency in law enforcement and judicial processes is essential for the effective protection of Article 21.

Conclusion

The Right to Life and Personal Liberty under Article 21 of the Indian Constitution is a fundamental and expansive right, pivotal for safeguarding human dignity and personal freedom. The judiciary’s proactive role in expanding this right has been instrumental in addressing various aspects of human dignity, privacy, and due process. However, challenges in implementation—stemming from legal, administrative, economic, and social factors—must be addressed to ensure that the right is effectively realized for all individuals. Continuous efforts are needed to bridge the gap between constitutional promises and practical realities, thereby reinforcing the fundamental right to life and personal liberty.