INTRODUCTION
PROTECTION GIVEN UNDER ARTICLE 21
PROTECTION OF PERSONAL LIFE AND LIBERTY CAN BE DIVIDED INTO FOLLOWING :
AK Gopalan and its effects
Maneka Gandhi v Union of India
After Maneka Gandhi
Compensatory jurisprudence under Article 21
Conclusion
Introduction:
Article 21 lays down that no person shall be deprived of his personal life and liberty except according to procedure established by law.The most important words in this provision are procedure established by law.
Protection under Art. 21: Art. 21 secures two rights
. Right to life
. Right to personal liberty
It prohibits the deprivation of above rights except the procedure established by law
. It applies only to a natural person.
. The right is available to every person (citizen
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21 has now achieved "activist magnitude". Justice Iyer has described art. 21 as procedural magna carta protective of life and personal liberty.
Right to Life: Justice Bhagwati has observed in the case of Francis Coralie v Delhi AIR 1981 that right to life includes right to live with dignity and along with it all necessaries of life such as adequate nutrition, shelter, right to education, right to move freely and mingle with other human beings.
In Shantisar Builders v.Narayanan Khimalal Totame the Supreme Court has observed that right to life includes right of food, clothing, decent environment and reasonable accommodation.The only difference between the need of an animal and a human being is of a shelter as an animal needs bare protection of body and for human it has to be reasonable accommodation which allows him to grow in all aspects.
In Olga Tellis v. Bombay Municipal Corporation it was stated that life of a person is not restricted to mere animal existence.The protection against deprivation of life extends to all those limits and facities by which life is enjoyed.The ambit and scope of right to life under art. 21 is wide and far
A recent federal lawsuit has been filed by the American Civil Liberties Union’s (ACLU) challenging the constitutionality of three provisions of the Setonia’s Abortion Laws. The three provisions ACLU are challenging are as follows (McCauliff): • Law which prevents state health officials from renewing or issuing licenses to abortion clinics located with 2000 feet of an elementary school (McCauliff). • Law which requires physicians performing abortions to complete 10 hours annually of continuing medical education on abortion procedures (McCauliff). • Law which requires abortion providers to give every patient a copy of her medical records, regardless of whether the patient requests such records (McCauliff).
Both the Bill of Rights and the Constitution use privacy in the Hobbesian sense of freedom to protect from government interference, which does not infer bodily privacy. Ely also points out that the unborn are the disadvantaged minority in legislation compared even to women and that “abortion ends the life of a human being other than the one making the choice.” The Supreme Court’s unfounded constitutional doctrine further demonstrates the inadequacy of the
Cassandra Telewoda Vito Gulla English 100 05 February 2023 Annotated Bibliography: Roe v. Wade Roe v. Wade is a controversial case that was ruled by the Supreme Court in 1973, giving people the right to personal privacy and protecting their choice to keep or terminate a pregnancy. This ruling was overturned by the Supreme Court in 2022, leaving the choice of abortion in the hands of the State in which an individual resides. This 2022 ruling is not only a breach of women's choice of their bodies but also detrimental to women's equality.
“it's a woman’s right to control her own destiny, to be able to make choices without the Big Brother state telling her what she and cannot do” (Supreme Court Justice Ruth Bader Ginsburg). Women have fought for their entire lives for equal rights which for some apparent reasons have not been acknowledged. Roe vs. Wade had changed the outlook on the United States and on a woman’s rights to her own body. Roe vs. Wade goes back to 1973 which was between a women who had an unplanned surgery in Texas who wanted to make abortions legal. Norma Leah McCorvey, better known as “Jane Roe” was the plaintiff in this case, after her case the U.S Supreme Court had ruled that state laws banning abortion are unconstitutional.
Oregon Right to Life is a nonprofit organization that focuses on the joy that babies can bring and the love and support families can give, even if that family only consists of two people. This organization has a very hopeful goal “to save lives and change hearts.” By spreading this message, they are sharing the fact that they are a pro-life organization who supports the idea of the loving relationship between a parent and child. They are a very optimistic organization that is passionate about their beliefs. Through their posts and thought-provoking articles, they show that they advocate the family, support foster care, and believe in babies rights before birth.
The purpose of the case is a value to my investigation as its verdict resulted in paramount reproductive independencies, demonstrating the Court’s authority over human freedoms, paired with progressiveness towards individual liberties. The content of the case is a value to my investigation as it includes several provisions expanding women’s rights, including the need for privacy, removal of limitations on the frequency of abortions and the attempts to save fetuses, demonstrating the severe lack of rights in 1985, necessitating revisions. The contents of this case is a limitation as it discusses the involvement of states and physicians to halt abortions, subsequently not focusing on actual limitations of reproductive rights, including cases in which abortion was illegal. This fails to demonstrate the full scope of restrictions on women’s rights
The landmark abortion case Roe v. Wade decided on January 22nd, 1973 in favor of abortion rights, remains the law of the land. The 7-2 decision stated that the Constitution give a guarantee of certain area or zones of privacy and that this right of privacy is bases on the women's decision whether or not to terminate her pregnancy. The choice over when and whether to have children is central to a woman's independence and ability to determine her future.
In the case of Roe v. Wade, the Supreme Court ruled that multiple U.S. amendments give Americans the right to privacy. Although the case ruled abortion a right for women, many states still implement rules and regulations that make a professionally administered abortion very hard, if not nearly impossible to obtain (Abortion). I believe that abortion should be legalized and made readily available all over the world. The easy availability of professional abortions reduces the rate of maternal death (Abortion).
The citizens of America need unalienable rights to protect themselves from the government. The unalienable rights are the right to life, liberty, and the pursuit of happiness. In the document Andrew Sullivan
The rights of life and liberty. In conclusion, we are all equally entitled to our human rights without any discrimination. We are all born to be free and
“These rights are, entire liberty of a person and property; freedom of press; the right of being tried in all criminal cases by a jury of independent men - the right of being tried only according to the strict letter of the law; and the right of every man to profess, unmolested, what religion he chooses” (Document 6). During the Enlightenment the ideas of natural rights were being reintroduced,
The Court held that a woman’s right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. This decision gave woman the liberty to abort a fetus during the first trimester. It also defined different levels of state interest for the second and third
With almost half the nation divided among their views, abortion remains one of the most controversial topics in our society. Since Roe v. Wade, our views in society as well as following court cases have been progressing toward the woman’s right to choose. The precedent set by Roe v. Wade made the Supreme Court acknowledge that it cannot rule specifically when life begins and it also affirms that it is the woman’s right to have an abortion under the 14th Amendment. In the 1st Amendment, the Establishment Clause forbids the government from passing laws “which aid one religion, aid all religions, or prefer one religion over another”. Many Christian pro-lifers use their religious beliefs to dispute when life begins.
Abortion is a huge argument in the world today. “In 1973 the U.S. Supreme Court held in Roe V.Wade that the right of privacy protects women’s decisions to end unwanted pregnancy before the fetus develops.” By 2013, 70 restrictions to curb the practice of abortion from 22 states. (Funk & Wagnalls pg.1). In 2014, five health votes were examined by the House of Representatives regarding the matter of abortion.
Abortion is murder. The killing of a innocent human being is wrong . i don 't think abortion is right i think it s really wrong .Whether than getting a abortions you should think about putting your baby up for adoption. Also,At least 38 states have passed similar fetal homicide laws.