The Role Of Article 21 In Protecting Human Rights In India
- IJLLR Journal
- 38 minutes ago
- 2 min read
Trishraj Singh, Bennett University
Janhavi Tiwari, Bennett University
INTRODUCTION :
Article 21 is a comprehensive framework for the protection of human rights as it provides social liberty, social justice, dignity in India and represents the constitutional guarantee that right to life and personal liberty is equally invaluable and given to all citizens. Article 21 is even more significant when we recognize that it does not only apply to Indian citizens, but to every person within the territory of India including foreigners representing an inclusive principle and recognizing the universality of human rights. Initially, the provision was read narrowly, limiting the right to life and personal liberty to physical existence and bare legal process. However, as the years have progressed, the Supreme Court of India has read Article 21 more expansively through judicial interpretation and pronounced that deprivation of life or liberty should meet the standard of fair, just, and reasonable process. Judicial interpretation has expanded the scope of Article 21 and established it as the cornerstone of protection for human dignity, personal liberty, and social justice in Indian jurisprudence.
It should be emphasized that Article 21 is among the trio of constitutional provisions referred to as the "Golden Triangle," along with Articles 14 and 19. Article 14, give a to be treated equally under the law and article 19 guarantees right to freedom of speech and expression right to free movement, right to trade et cetera. So these article together with article 21 forms a golden triangle as it is just reasonable and non-arbitrary. The trio is the foundation on which the peoples' right to challenge the government overreach is built, and the courts are the ones that get empowered to annul laws and executive actions that infringe upon fundamental rights. Article 21 has a rich judicial history that includes various landmark judgments that have expanded its reach to include the right to earn a living, the right to privacy, the right to education, healthcare, housing, clean air, and even the 'right to die with dignity.' The Public Interest Litigation mechanism has also allowed the Courts to deal with the issue of wider collective rights under Article 21, thus offering a constitutional remedy for the poor and underprivileged sections of society who find it difficult to get access to the legal system's more substantial symbolic and normative dimensions. It is this vibrant and forward-looking quality of Article 21, along with its attunement to the needs of society, its commitment to the basic principles of freedom and justice, that makes it a human rights defender of the present time still very much alive.
