Article 21: Protection of Right to LIFE and PERSONAL LIBERTY

Article 21 provides for Protection of Right to Life and Personal Liberty. It states that: "No person shall be deprived of his life or personal liberty except according to procedure established by law". 

In the original constitution, Article 21 provided protection only against arbitrary executive actions but not against arbitrary legislative actions. Thus, to overcome this limitation in Article 21, American concept of "due process of law" was introduced in Maneka Gandhi Case of 1978 which provided for Right of Survival along with Right to Live with Dignity.

What is Article-21? (Right to Life and Personal Liberty)

It states that : 

"No person shall be deprived of his life or personal liberty except according to procedure established by law."

** Problem in this article interpretation:

It provided protection against arbitrary executive actions but not against arbitrary legislative actions.

Several rights which come under the ambit of Article-21 are:

1) Right to live with dignity

2) Right to travel abroad

3) Right to livelihood

4) Right to shelter

5) Right to free education upto age of 14 years

6) Right to health

7) Right to free legal aid

8) Right to hearing

9) Right to fair trial

10) Right to speedy trial

11) Right against handcuffing

12) Right against inhuman treatment

13) Right against bonded labour

14) Right against custodial harassment

15) Right against delayed execution

16) Right to reputation

17) Right of woman to be treated with dignity and decency

WIDER INTERPRETATION OF ARTICLE-21: INTRODUCED AMERICAN CONCEPT OF "DUE PROCESS OF LAW"

A. Background about Maneka Gandhi Case:

In 1977, the Janta Party was in power and the dalit leader, Jagjeevan Ram was the defense minister and Deputy Prime Minister. At the same time, Maneka Gandhi was the chief editor of a political magazine named "Surya".

Maneka Gandhi published the photographs of Suresh Ram, son of Jagjeevan Ram in the compromised position with a Delhi University student in her magazine Surya. It was first ever political sex scandal ever published in Indian history.

This tarnished the image of Jagjeevan Ram and almost ended his 40 years long career.

What is Maneka Gandhi Case 1978 ?

Maneka Gandhi was issue Indian passport on 1st June,1976 but a year later on 4th July, 1977 she received a letter from Regional Passport Office stating that her passport has been impounded on the grounds of PUBLIC INTEREST under Passport Act,1967 and withing 7 days of receiving the letter, she needs to surrender her passport.

In response to the letter of Regional Passport Office, Maneka Gandhi wrote a letter to Regional Passport Office seeking the copy of statement of reasons for ceasing her passport. In response to this, Ministry of External Affairs denied to furnish the copy of statement of reasons and said her passport was impounded on the grounds of PUBLIC INTEREST.

 Points to note here:

1) Maneka Gandhi's passport was impounded,

2) Maneka Gandhi was not provided adequate reasons for her passport been impounded

It was against Article-21(Right to Life and Personal Liberty) which provides for Right to Travel Abroad. Thus, it infringed Fundamental Right under Part-III of the constitution.

So to seek remediation, Maneka Gandhi filed a writ petition under Article-32 to furnish reasons for impounding her passport.

B. What is Passport Act, 1967 ?

1) Before Passport Act,1967 was enacted, there was no law regulating issue of passport and was completely under executive control.

2) Satwant Singh Swahney Case, 1967

Satwant Singh had an import/export business and was having two passports but central government cancelled both the passports of Satwant Singh.

Satwant Singh filed a Mandamus writ in Supreme Court to seek remediation.

Questions asked in Satwant Singh Swahney Case:

 i) Whether right to travel abroad and having a passport is part of personal liberty within the meaning of Article-21 ?

ii) In the absence of any law, whether exercise of executive discretion to issue or refuse passport discriminatory ?

C. Judgement in Satwant Singh Swahney Case, 1967

i) Right to leave India and travel outside India and return to India is part of personal liberty.

ii) There was no law regarding grant, refusal or revocation of a passport. The court held that refusal of a passport which prejudicially affects a person in the absence of any statutory enactment would be contrary to the Rule of Law and Article 14 of the Constitution

iii)The Passport Act, 1967 was thereafter enacted, setting specific grounds for refusal, revocation and impounding of a passport.

D. Jugdement given in Maneka Gandhi Case, 1978

i) It overruled earlier judgement given in A.K.Gopalan Case,1950 and said that Right to Life and Personal Liberty (Article-21) of a person CAN be deprived BY LAW provided procedure prescribed by law is reasonable, fair and just.

So introduced American concept of "due process of law".

ii) Gave wider interpretation of Article-21.

Right to Life under Article-21 does not merely mean Right of Survival rather it means Right to Live with Dignity.

   

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