Paper 6 ADVANCED CONSTITUTIONAL LAW : PROTECTION OF LIFE AND PERSONAL LIBERTY (ARTICLE 21)

PAPER ID:IJIM/V.II(IV)/35-41 /6

AUTHOR: Dr. D B Ravikumar

TITLE: ADVANCED CONSTITUTIONAL LAW : PROTECTION OF LIFE AND PERSONAL LIBERTY (ARTICLE 21)

ABSTRACT: In any structured society, the rights conferred by established law to individuals cannot be fulfilled solely by addressing the needs of animals. These rights are safeguarded only when they are acknowledged and supported by all institutions, allowing for development without hindrance. Human rights, which were originally considered natural rights, are designed to achieve specific objectives. To this end, it is crucial to guarantee fundamental rights such as access to food, clean water, a healthy environment, education, and healthcare, as enshrined in the constitutions of civilized societies. These rights are essential for individuals to lead lives of dignity. The term ‘life’ as referenced in Article 21 transcends mere physical existence, encompassing all aspects of a fulfilling life, including the right to earn a livelihood. This right is fundamental and applies to all individuals residing in India, regardless of their citizenship status. The right to life, which includes the right to live and work as outlined in Article 21, is not merely theoretical; it is robust and dynamic, ensuring that the nation adheres to the principles of public discourse envisioned by the framers of the Indian Constitution. Furthermore, the ‘protection of life and personal liberty’ under Article 21 is not without limits. Therefore, this research paper aims to examine the constitutional perspective on the right to life and personal liberty, along with the judicial interpretations related to these rights.

KEYWORDS: Law, Liberty, Article 21, Protection of life, personal liberty, Human rights, Right to life, legal precedents

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