Article 21: Right To Life

1281 Words6 Pages

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 …show more content…

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

Open Document