Jurisprudence & Article 21

Jurisprudence & Article 21Deepashikha Godbole A029Neel Narsinghani A059Article 21 - Constitution of IndiaRight to Life and Personal Liberty.No person shall be deprived of his life or personal liberty except according to the procedure established by law.Natural Law & ConstitutionThe golden thread of natural justice sagaciously passes through the body of the Constitution of India. Preamble of the constitution includes the words, Justice Social, Economic and political, liberty of thought, belief, worship and equality of status and of opportunity. Ensures Fairness & Equality.Shields against Arbitrary ActionThis forms the base of Natural Law TheoryNatural Law Theory - BasicsNatural Law is a system of law determined by Nature Law is of divine Origin.Universal order governing all menInalienable rights of IndividualsMoral principles are based on Reason

530-470 B.C.384-322 B.C.470-399 B.C.HeracalitusGreek philosopher who gave the three features of Natural Law1) Destiny2) Order3) ReasonDefinite order and Rhythm between events

SocratesMoral lawHuman insight aids in distinguishing right from wrong

AristotleReason Unaffected by DesiresMan is Creation of GodNatural law originated in Human Conscience

Thomas Aquinas 1125 - 1274Laws are either Human or DivineDivine Laws Based on NatureHuman Laws Based on CustomsThe Supremacy of Law, both Divine & Manmade are a part of Unity of UniverseInstitutions of SLAVERY represent evil desiresLaw is greatest Binding force for those who Govern & are GovernedOrdinance of reason for the common good made by him who has the Care of the CommunitySupported Property RightsPeriod of RenaissanceSecularised reason is the foundation of Natural Law TheoryStatus Quo For the preservation of peace and protection of individuals from perpetual conflict and Chaos.Social Contract Promises by the Govt. are of a binding nature because to fulfill a promise is a principle of Natural Law.Hobbes Prior to Social Contract & Natural Law, life in Nature was solitary, poor, nasty, brutish, shortModern PeriodAustin & Bentham rejected NLT on the ground that it was ambiguous and misleading.In the 20th Century, The principle of respect and community participation was introduced.The Rules must be easily Comprehensible. Concluding NLT is a Dynamic ConceptNLT has been used to support a number of ideologies like Individualism, Absolutism etc.The Indian Constitution draws some principles from NLT.Mainly comprises of two rights:Right To Life.Right to Liberty.

The case that changed it all:-Maneka Gandhi Vs Union of India (AIR 1978 SC 597) This case extended the dimensions of the article 21.The court stated-The words due Process even though not present in the article 21 are present in the it. Article 21Post-Maneka Gandhi situationNow, the right to life and liberty has a lot than the right to live freely.

Right to Life with Human DignityRight to Life is not only confined to physical existence but includes within its ambit the right to live with human dignity.

Case-Peoples Union for Democratic Rights v. Union of India

SC held thatnon-payment of minimum wages to the workers employed in various Asiad Projects in Delhi was a denial to them of their right to live with basic human dignity and violative of Article 21 of the Constitution.Right to clean environmentThe Right to Life under Article 21 means a life of dignity to be lived in a proper environment free from the dangers of diseases and infection. In M.C. Mehta v. Union of Indiathe Court held that the blatant and large scale misuse of residential premises for commercial use in Delhi, violated the right to salubrious and decent environment. Taking note of the problem the Court issued directives to the Government on the same.

Other Rights under the ambit of article 21 are as followsRight to EducationRight to Medical CareRight to ShelterRight to LivelihoodRight against Sexual Harassment.ExceptionsOnly covers the stateNo Right to Die or Commit Suicide Case-State of Maharashtra v. Maruti Sripati Dubal Bombay High Court held that the right to life guaranteed under Article 21 includes right to die, and the honble HighCourt struck down Section 309 of the IPC which provides punishment for attempt to commit suicide by a person as unconstitutional.Gian Kaur v. State ofPunjab,SC overruled the decision of the Division Bench in the above stated case and has put an end to the controversy and ruled that Section 309, IPC was neither violative of Article 21nor Article 14. The court held that the right to life under Article 21 did not include the right to die.

Comparative studyDue Process In The U.S.A: The due process clause of the fifth amendment stated that- No person shall be deprived of life liberty or property without the due process of law.Justice Benjamin R Curtis stated that the words due process in the law covey the same meaning as the Law of the Land in Manga Carta. In Stuart v. Palmer it was stated that - the due process of law is older than the any written constitution.Due Process is not defined in the American constitution.Read in a loose sense with the words Reasonable Just and properConclusionsThe Judiciary has widely interpreted the Right to Life and Liberty in the Post Maneka Era.Even though the Indian constitution has drawn from various constitutions, they are amalgamated in a manner so as to minimize their faults. Take Article 21 away and what you have left, is a handicapped rule of law.