- Article 21: Protection of Life and Personal Liberty :-
- Article 21 mandates: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
- Article 22(1): Ensures the arrested person’s right to be informed of reasons for arrest.
Scope and Applicability :-
- Universal Guarantee: This fundamental right is available to both citizens and non-citizens.
- State Action Requirement: It is enforceable only against the ‘State’ (as defined in Article 12), not against violations by private individuals.
Judicial Interpretation: The Right to a Dignified Life
The Supreme Court has expanded the definition of ‘life’ beyond mere existence to include the right to live with human dignity.
- Broad Definition (Sunil Batra vs Delhi Administration): The Court held that ‘Right to Life’ includes leading a healthy life, enjoying all human faculties, and protecting one’s tradition, culture, and heritage.
- Dignity as a Core Facet:
- PUDR vs UOI: Non-payment of minimum wages was held to be a violation of Article 21.
- Bandhu Mukti Morcha vs UOI: The Court linked Article 21 with DPSP (Directive Principles), specifically Articles 41 and 42, to ensure dignified living.
- Jeeja Ghosh vs UOI: The rights of differently-abled persons were affirmed as being founded on human dignity, a key component of Article 21.
