Scope of Article 21 and Maneka Gandhi Case Article 21 of the Indian Constitution guarantees the right to life and personal liberty. This means that the s...
Article 21 of the Indian Constitution guarantees the right to life and personal liberty. This means that the state cannot intentionally cause a person's death or inflict any cruel or unusual punishment.
The Supreme Court's landmark judgment in the case of Maneka Gandhi in 1972 established the following scope for Article 21:
Physical integrity: The court held that the state cannot intentionally cause physical harm to an individual, including through acts like torture, mutilation, or poisoning.
Negligence: The court also held that the state cannot be negligent in causing harm to a person, even if negligence was not the primary cause of the harm.
Discrimination: Article 21 also prohibits discrimination based on various grounds, including race, religion, gender, and disability.
Violation: The court declared any act or omission by the state that violates a person's right to life or personal liberty to be a violation of Article 21.
Examples:
Torture: The state cannot torture a suspect or an individual in police custody.
Custodial conditions: The state cannot keep a person imprisoned or subjected to cruel or degrading treatment.
Discrimination: The state cannot discriminate against a person based on their caste, gender, or religion.
Negligence: The state cannot be negligent in causing an accident that leads to a person's death.
Additional Points:
The scope of Article 21 is not absolute and can be subject to exceptions.
The court has also held that the state can act in a reasonable manner to protect public safety and security.
The scope of Article 21 is relevant not only in cases where the state directly causes harm but also in cases where the state's actions contribute to a person's death or injury.
Conclusion:
Article 21 is a fundamental right that protects individuals from being intentionally harmed or discriminated against. The scope of the article is broadly defined, but it is not absolute and can be subject to exceptions. The Supreme Court's judgment in the Maneka Gandhi case established a clear framework for understanding the scope of Article 21 and ensuring that the state respects the fundamental right to life and personal liberty