Which important human right is protected in article 21 of the constitution of india

INTRODUCTION A natural law theory argues of natural rights which is inherent in every human being by virtue of his personality and is inalienable and imprescriptible . From natural law there has been a gradual transition to natural rights. The idea of natural rights has its origin in the natural law and natural law speaks of natural rights. The doctrine of natural rights is itself an offshoot of the doctrine of natural law. Although Greek thinkers Socrates, Plato, and Aristotle did not use the word natural rights, and devoted their work on the concepts of natural justice, equality and non-arbitrariness. Cicero used the law implying right and universal and unchangeable law implies natural rights. During 16th century the concept of natural rights suffered a temporary set back by the teachings of Machiavelli who opposed the idea of natural right and supported absolute monarchy . The concept of natural rights was criticized for the following reasons: a) As the doctrines of natural rights were recognized as inalienable, inviolable and indestructible could instigate the common people to the revolutionary actions . b) B. Bentham, JS Mill, and David Hume, opposed the idea of natural rights and the social contract as vague, obscure and contrary to empirical truth. c) The concept of natural law had also attracted the criticisms of Marxist philosophy However, in the 16th to 18th century Hobbes and Locke used natural law theory to develop the novel theory of the social contract. The m...

Last week's unanimous judgment by the Supreme Court of India (SCI) in The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. The right to privacy in India has developed through a series of decisions over the past 60 years. Over the years, inconsistency from two early judgments The judgment, in which the judges state the reasons behind the one-page order, spans 547 pages and includes opinions from six judges, creating a legal framework for privacy protections in India. The opinions cover a wide range of issues in clarifying that privacy is a fundamental inalienable right, intrinsic to human dignity and liberty. The decision is especially timely given the rapid roll-out of Aahaar. In fact, the privacy ruling arose from a pending challenge to India's biometric identity scheme. We have previously covered the privacy and surveillance risks The Two Cases That Casted Doubts on the Right to Privacy In 2012, Justice K.S. Puttaswamy (Retired) filed a In M.P Sharma, the bench held that the drafters of the Constitution did not intend to subject the power of search and seizure to a fundamental right of privacy. They argued that the Indian Constitution does not include any language similar to the Fourth Amendment of the US Constitution, and therefore, questioned the existence of a protected right to privacy. The Supreme Court made clear that M.P Sharma did...

A trial conducted by a judge in an impartial way is said to be a Fair Trial. The question of whether a trial is fair or not depends upon the procedure as laid down by the Code of Criminal Procedure, 1973 and the prevailing system of criminal justice. In Zahira Habibullah Sheikh and Ors. v. State of Gujarat and Ors, Universal Declaration of Human Rights (UDHR) at global level recognizes the concept of a fair trial as the part of human rights. Article 10 of the UDHR Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” International Covenant on Civil and Political Rights (ICCPR) in its Article 14(1) provides that “ All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law……” Indian Constitution on Fair Trial: Right to a fair trial is a concept which is essentially embodied in the Constitution of India. In a democratic country like India, even an accused cannot be denied his right to life and personal liberty. Indian Constitution through its Article 21 renders the fair trial a part of life and personal liberty. The Supreme Court in the case of Rattiaram v. State of Madhya Pradesh, Mohd. Hussain @ Jul...

This article is written by Jessica Kaur , a first-year student currently pursuing B.A. LL.B. (Hons.) at Rajiv Gandhi National University of Law, Punjab. This is an exhaustive article exploring the meaning, scope and various aspects of the Fundamental Right to Protection of Life and Personal Liberty under article 21. Table of Contents • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Introduction The right to live a free, full and dignified life is one of the most basic principles of human existence. Every person is entitled to live their life on their own terms, with no unfair interference from others. A successful democracy can only be one that guarantees its citizens the right to protect their own life and liberty. In India, the Protection of Life and Personal Liberty is a Fundamental Right granted to citizens under Part III of the Constitution of India, 1950. These Fundamental Rights represent the foundational values cherished by the people and are granted against actions of the state, meaning that no act of any state authority can violate any such right of a citizen except according to the procedure established by law. Article 21 of this part states that “No person shall be deprived of his life or personal liberty except according to the procedure es...

INTRODUCTION Article 21 reads as: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna carta protective of life and liberty. This right has been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws. Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by private individuals is not within the preview of Article 21. Article 21 secures two rights: 1) Right to life 2) Right to personal liberty The Article prohibits the deprivation of the above rights except according to a procedure established by law .Article 21 corresponds to the Magna Carta of 1215, the Fifth Amendment to the American Constitution, Article 40(4) of the Constitution of Eire 1937, and Article XXXI of the Constitution of Japan, 1946. Article 21 applies to natural persons. The right is available to every person, citizen or alien. Thus, even a foreigner can claim this right. It, however, does not entitle a foreigner the right to reside and settle in India, as mentioned in Article 19 (1) (e). MEANING AND CONCEPT OF ‘RIGHT TO LIFE’ ‘Everyone has the right to life, liberty and the security...