State of Madras (1950): Prevention Detention Facts: State of Madras in 1950, which is explained below. Personal Liberty was first interpreted in the case of A.K. Prior to the Maneka Gandhi case, it had a relatively narrower scope, comprising only some liberties of a person. The meaning of Personal Liberty of a citizen in India has evolved and its scope has widened. Union of India (1978).Ĭlick Here Personal Liberty: Meaning and Scope Here, we shall examine the various aspects of this Fundamental Right but before that, let’s have a look at the jurisprudential evolution of this concept and the significance of one of the most famous judgements related to it – Maneka Gandhi v. The terms ‘life’ and ‘personal liberty’ encompass a wide variety of rights of the people, which are a result of the evolution in the interpretation of Article 21 by the courts over the years. Thus, violation of the right by private entities is not within its purview. The state here refers to all entities having statutory authority, like the Government and Parliament at the Central and State level, local authorities, etc. Hence, this Article prohibits the encroachment upon a person’s right to life and personal liberty against the state. These Fundamental Rights represent the foundational values cherished by the people and are granted against actions of the state, meaning that no act of any state authority can violate any such right of a citizen except according to the procedure established by law.Īrticle 21 of this part states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law”, and this is known as the Right to Life and Personal Liberty. In India, the Protection of Life and Personal Liberty is a Fundamental Right granted to citizens under Part III of the Constitution of India, 1950. ![]() A successful democracy can only be one that guarantees its citizens the right to protect their own life and liberty. Every person is entitled to live their life on their own terms, with no unfair interference from others. The right to live a free, full and dignified life is one of the most basic principles of human existence. Right to Education: A Fundamental Right under Article 21A.Prevention of sexual harassment of working women.Delhi Domestic Working Women’s Forum v.The qualitative difference between a speedy trial and fair trial.Home Secretary, State of Bihar (1979)- Right to Speedy Trial for Under trials Freedom from noise pollution: Another component of Article 21.Indian Council for Enviro-Legal Action v.Union of India (1987) or the Shriram Food and Fertilizer Case Rural Litigation and Entitlement Kendra v.Protection of Ecology and Environmental Pollution.Right to get pollution-free water and air.Arrest and detention of a judgement-debtor.Telephone-Tapping: An invasion of Right to Privacy.Bombay Municipal Corporation (1986)- Right to Livelihood ![]()
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