“To deny people their human rights is to challenge their very humanity.”
— Nelson Mandela
Introduction
Human rights are the fundamental rights that belong to every citizen in the country. These rights ensure justice, equality and dignity for everyone. The foundation of a democratic society is made on human rights. In India, the Constitution guarantees certain rights to all Indian citizens. The Indian Constitution is the guardian of human rights and ensures that these rights are protected.
What is Article 21
Article 21 of the Indian Constitution states that no person can be denied their personal freedom and life unless the same is restricted by some law which is introduced by the Government of India. Under Article 21, the right to life and personal liberty is available to everyone, whether they are Indian citizens or not.
The two key rights under Article 21 are:
- Right to personal liberty – Article 21 states that right to liberty includes the right of a person to live lively and freely within the boundaries of law. This includes the right to move freely, bodily autonomy, and privacy. The main objective is individual freedom; however, there are some restricitons imposed to ensure social and public welfare.
- Right to life – Article 21 gives a broad interpretation to this right. The right to life includes the right to livelihood, dignity, privacy and health too. The right to life acts as a basis for other rights. The right to life ensures that everyone can have a meaningful and complete life.
Article 21 is also often referred to as the heart of the Indian Constitution. Rights under Article 21 are the most vital rights under the Indian Constitution. Article 21 very clearly states that only the State (State will include the government, all its departments, all the local authorities, and the bodies which make laws) can deprive a person of this right.
Types of human rights under Article 21
There are many rights which are included under Article 21 of the Constitution of India. Some of the key rights which are included are:
Article 21’s significance in human rights protection
When it comes to protecting the human rights of people, Article 21 is the first in line. Article 21 is the central pillar of human rights protection. In the beginning, the judicial interpretation of Article 21 was very narrow in nature. In the landmark judgement of A.K. Gopalan vs. State of Madras (1950) Article 21’s scope has been comparatively expanded. Over the years, Article 21 has transformed into a reservoir of various human rights.
With changing times and progressive judicial interpretations, Article 21 now consists of rights like the right to livelihood, right to health, right to speedy and fair trial, right to live with dignity, right to privacy etc. The Supreme Court has also stated that under the right to life, both humans and animals shall be included.
Article 21 also plays a crucial part in aligning the Indian constitutional protections with international standards of human rights. These standards are outlined in the Universal Declaration of Human Rights (UDHR).
Criticisms and challenges of Article 21 in protecting human rights
The right to life and personal liberty is ensured under Article 21; however, there are many challenges seen when this right is implemented. One of the major concerns related to this is balancing public safety along with the freedom of individuals. It is somewhat difficult to enforce this right due to the slow delivery of justice, limited resources and corruption. There are many debates on euthanasia and the right to the death penalty as well. This shows how it can be difficult to enforce these rights in today’s world. Despite some of these challenges with time, Article 21 is evolving with broader judicial interpretations. With new concepts like environmental rights and digital privacy, Article 21 is the central pillar when it comes to protecting human dignity.
Conclusion
In conclusion, Article 21 is the backbone of human rights in the country; it ensures that everyone has liberty, a life of dignity and justice. It has evolved from a narrow provision to a diverse one. Despite facing many challenges, Article 21 remains a powerful tool which protects not only basic freedom but also upholds the essence of a fair and just society. Article 21’s role in protecting human rights in India expands as India continues to grow.
Frequently Asked Questions (FAQs)
What is the role of police in protecting human rights in India?
The police record the complaints of the citizens when their human rights are violated. They then carry out investigations and arrest whichever is necessary. They further ensure that the same activities are not repeated, which can possibly infringe the human rights of someone.
What is the role of the National Human Rights Commission in protection of human rights in India?
National Human Rights Commission investigates violations, promotes awareness of human rights and recommends remedies when human rights are infringed. The National Human Rights Commission acts like a watchdog, ensuring that the human rights of Indian citizens are protected.
Is Article 21 an absolute right?
Article 21 is not an absolute right, the State if it thinks so, can impose restrictions on the right to liberty and life. However, there should be just, reasonable and fair reasons to impose these restrictions.
References
- https://ijariie.com/AdminUploadPdf/VARIOUS_ASPECTS_COME_UNDER_ARTICLE_21_OF_THE_HUMAN_RIGHTS_ijariie24468.pdf?srsltid=AfmBOoqqAelWYJmIeTaG6ih64alRWMOisKY00A1cybNn8CSQpi0tWYzI
- https://www.researchgate.net/publication/385318669_Guardians_of_Liberty_The_Expansive_Role_of_Article_21_in_Protecting_Human_Rights_in_India
- https://www.ijcrt.org/papers/IJCRT24A4072.pdf
- https://www.ihra.co.in/uploads/pdf/Human_rights_law_in_India.pdf
- https://ijirl.com/wp-content/uploads/2022/07/EXPANDING-AND-EVOLVING-THE-AMBIT-OF-ARTICLE-21-OF-THE-CONSTITUTION-OF-INDIA-WITH-THE-DEVELOPING-SCENARIO.pdf
