Article 21 in The Constitution Of India 1949
21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by lawAccording to this act every person who is citizen of India is having a protection oflife and personal liberty but as all fundamental rights are not absolute there are some restrictions to this also and the person will be deprived of this protection if they have done any criminal wrong that’s why the word except has been added in this article which means that If any person does any act which is unlawful and which doesn’t follow the procedure established by law then that person will be deprived of this duty and then that person will not be able to take the benefit of this article.
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There are many case laws and various landmark Judgements which have given a brief view upon the importance of this article .There are so many thoughts related to this article and which leads into making of so may landmark judgements related
to this article.
Like:– Does Article 21 of the Constitution include the right to die. This question raised first time before the high court of Bombay in State of Maharashtra vs.Maruti Sripati Dubal and again beforeDivision bench of Supreme Court in P Rathinam vs. Union of India but later in Aruna Ramchandra Shanbaug v. Union of India
the Supreme Court held that passive euthanasia can be allowed under exceptional circumstances under the strict monitoring of the Court. On 9 March 2018 the Supreme Court of India legalised passive euthanasia by means of the withdrawal of life support to patients in a permanent vegetative state. … On 9 March 2018, the Supreme Court of India, passed a historic judgement-law permitting Passive Euthanasia in the country.
So there are many landmark judgements made related to this article and it also been given an extreme importance in the famous Maneka Gandhi case as what is the meaning of Personal Liberty given under this article.
Advocate Vaishali Dua
L.L.M, L.L.B CHANDIGARH