Personal Liberty As A Human Right In The 21st Century: An Analysis

Prashant Kumar Yadav, Brijesh Sharma & Mudra Singh (Assistant Professor), Amity Law School, Amity University, Uttar Pradesh Lucknow campus

INTRODUCTION

After India gained its independence, one of the first things it did was create and ratify its constitution, which among other things ensured that its citizens have fundamental rights. The most basic of all the "Fundamental Rights" is the right to life and personal freedom, which is the focus of this book. "No person shall be deprived of his life or personal liberty except in accordance with the procedure established by law," states Article 21.

An individual's rights were initially given a limited interpretation by the Indian Supreme Court. But as democracy developed and became more entrenched, constitutional dynamism emerged. The idea of "just," "fair," and "reasonable" was established by the Supreme Court with greater vigour and passion, and it has since evolved into a fundamental tenet of government operation under Article 21 of the constitution. In the system of fundamental rights, Article 21 holds the position of brooding omnipresence and has essentially evolved into a haven for human values.

The most valuable right in a civilised society, the right to life, goes beyond just having a physical existence. It involves the right to dignity and all basic needs. The Supreme Court has recently adopted a fairly broad interpretation of the right to personal liberty. It contains practically all of the rights required for a comfortable life, such as the right to privacy, the freedom to go abroad, the right to one's reputation, and the right against economic exploitation. Our cultural history includes the perennial bloom of human dignity. So those who are imprisoned as well as those who are free have access to this privilege. The right to a prompt trial, free legal representation, protection from torture and other cruel or inhumane treatment while in custody, and more.

In the Maneka Gandhi case, the Supreme Court gained what the constitution's authors refused to provide, removing the last remaining nail in the restrictive reading of Gopalan. The Supreme Court's "Due Process" child, who was born as a result of its ruling in the Maneka Gandhi case, is developing healthily and getting close to adulthood. The term "Personal Liberty" today encompasses every imaginable right, even some that the framers of the constitution did not consider. International travel rights, privacy rights, marital rights, surrogate mother rights, social and economic rights, the right against poverty, etc. are now all covered by the protection of Art. 21. The right to personal liberty is increasingly recognised within the confines of the prison. In fact, the court has joined forces with policymakers to develop and put into practise fresh ideas to strengthen this right. The right to life and personal liberty now have additional dimensions because to the Supreme Court's activist engagement in public interest litigation and liberal interpretations. This fresh perspective that the judiciary has given to "personal liberty" provides adequate support for the study effort and paints a new picture of liberty as a concept in the twenty-first century.