Protection of Human Rights through Article 21: Judicial Trends
Author Name : Mr. Santosh Kumar Behera
The seven heads of Part III of the Indian Constitution have devised fundamental rights, one of which is the Right to live and the personal liberty of the person, according to Article 21 of the Constitution, which requires that no one be denied of the right to living life except under the laws and regulations. The commitment to existence in society involves the ability to act with human dignity and all that comes hand in hand, namely the basic necessities of existence, such as appropriate food, clothing and shelter over one's shoulders and read, write and communicate in various ways, move voluntarily and mix with other people. Human beings cannot be considered as only a physical entity. So sufficient protection under law must be provided to safeguard all fundamental rights from the excess unlawful encroachment by rulers or by State itself. In India, right to life and personal liberty has envisaged the human being in totality and strived for his all-round development, prosperity and freedom (altogether justice) from suffering and attempted to protect his life and limb from any kind of external aggression by state or its agencies such as the government departments, legislature, administration, local authorities exercising statutory powers. The most incredible aspect of Article 21 is that it relates to even individuals who do not belong to Indian citizens representatives, visitors, officials, etc. ' ... have the privilege of living with human dignity as soon as they are here, as the State has an duty to safeguard the lives of each individual citizen in that nation. In a sequence of instances it is stated by the Supreme Court that the freedoms granted to us are honest, sensible and in accordance with law and underline that Article 14, Article 19 and Article 21 are mutually exclusive but are closely coexistent, empowering, and supporting. When religious and political thoughts are constantly becoming increasingly hated and deeply divided, one always remember own rights in the face of actions of executive members and someone who has violated the right to personal liberty as provided for in Article 21 of the Indian Constitution. In the event of any Member State, or executive who has breached his or her fundamental rights, Article 32 (Right to Constitutional remedies) of the Constitution may be applied by any citizen. Unless in a state crisis (Article 359), the provisions of Article 21 and Article 21A are portion of fundamental freedoms in them may not be refused to any citizen.
Keywords – Right to Life, Human Dignity, Human Rights, state, judicial activism