Article 21 of Indian Constitution
What is Article 21 of Indian Constitution?
Article 21 of the Indian Constitution is one of the most important provisions that guarantees the fundamental right to life and personal liberty to all Indian citizens. The article is a part of the Chapter III of the Constitution, which deals with the fundamental rights of Indian citizens. Article 21 provides a wide range of protections to citizens against arbitrary actions by the state and ensures that the dignity of every individual is respected.
Article 21 of the Indian Constitution states, “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” This fundamental right is considered to be one of the most essential and fundamental rights provided to the citizens of India. It ensures that every person has the right to live with dignity, and the state cannot arbitrarily take away their life or personal liberty without following the due process of law.
The scope of Article 21 is vast and encompasses various aspects of human life. It protects individuals against any
of physical or mental abuse, torture, or degrading treatment. The article ensures that every individual has the right to a fair and speedy trial, and no one can be detained without following the due process of law. The provision also protects individuals from any discriminatory practices by the state and ensures equality before the law.
Article 21 also recognizes the right to privacy, which has been expanded through various judgments of the Supreme Court of India. It acknowledges that every individual has the right to privacy, which includes the right to be left alone and the right to control the dissemination of personal information. The court has interpreted this right to include the right to freedom of speech and expression, the right to travel, and the right to form associations.
The provision also recognizes the right to education, which is considered an essential aspect of an individual’s life. The Supreme Court has held that the right to education is a fundamental right under Article 21, and the state has a duty to provide free and compulsory education to all children up to the age of fourteen.
Right to Life and Personal Liberty
The most fundamental right guaranteed by Article 21 is the right to life and personal liberty. This right ensures that every person is entitled to live with dignity and respect, free from fear and oppression. The right to life and personal liberty includes the right to be free from arbitrary arrest and detention, the right to a fair trial, and the right to privacy.
Protection Against Arbitrary Arrest and Detention in Article 21
Article 21 provides protection against arbitrary arrest and detention. No person can be arrested or detained without due process of law. This means that a person can only be arrested or detained if there is a valid reason and in accordance with the procedures established by law. The police must follow the proper procedures and obtain a warrant before making an arrest.
In addition, a person who has been arrested or detained has the right to be informed of the grounds of the arrest or detention. They also have the right to consult a lawyer and be produced before a magistrate within 24 hours of the arrest.
Right to a Fair Trial
Article 21 also guarantees the right to a fair trial. This means that every person has the right to be tried in a fair and impartial manner, with access to legal representation and a presumption of innocence until proven guilty. The right to a fair trial includes the right to be heard and to present evidence in one’s defence.
The right to a fair trial also includes the right to a speedy trial. This means that every person has the right to a trial without undue delay. This is important to ensure that the accused does not spend an extended period in jail before being tried.
Right to Privacy
Article 21 also includes the right to privacy. This means that every person has the right to be free from unwarranted intrusion into their private life. The right to privacy includes the right to be free from surveillance, interception of communications, and unauthorized use of personal information.