CASES RELATED TO ARTICLE 21
AK Gopalan v State of Madras, 1951
Hon’ble Supreme Court held that the protection of Article 21 is available only against the executive action. But legislative may deprive a person by making a law.
Maneka Gandhi v UOI AIR 1978
In this case Hon’ble Supreme Court held that the protection of Article 21 is available not only against executive action but also against legislative.
In simple words the legislature cannot deprive a person from right to life and personal liberty even by making a law.
A person can only be deprived from his right to life and personal liberty by procedure which is established by law. (Death sentence while satisfying rarest of the rare case theory.)
SCOPE OF ARTICLE 21
Right to life does not mean only the animal existence. Under this article right to life means all the aspects of the life which make the human life dignified.
Right to privacy is included in Right to Life.
Kharak Singh v State of UP and Others
Protection to the convicted and accused person.
Sunil Batra v Delhi Administration
In this case Supreme Court held that fatal cuffs is unconstitutional for convicted person because it is an inhuman behaviour with the prisoners and it is a violation of Article 21.
Prem Shankar Shukla v Delhi Administration
Hon’ble Supreme court held that handcuffing is also unconstitutional because it is violative of Article 21.
Right to life includes Right to Education
Mohini Jain v State of Karnataka AIR 1992 SC
Supreme Court held that right to life includes right to education also.
Unni Krishnan v State of Andhra Pradesh AIR 1993 SC
Supreme court held right to education is a fundamental right as decided in Mohini Jain Case. But in such case Hon’ble Supreme Court fixed the age that it is a fundamental right to the children for the age 6-14 years.
In the light of two above judgements the parliament enacted the Free and Compulsory Education Act, 2009.
Satwant Singh v APO Delhi
In this case Hon’ble Supreme Court held that right to go abroad is a fundamental right under Article 21.
Subhash Kumar v State of Bihar
Right to get the pollution free air is also a fundamental right under Article 21.
Olega Tellis v B.M.C (Bombay Municipal Corporation)
In this case Supreme Court held that right to livelihood is included in Article 21.
Lachma Devi v Attorney General of India
Supreme Court held that the execution of death sentence at a public place is unconstitutional and it is violative of Article 21.
Hussainara Khatoon v State of Bihar
Supreme Court held that equal justice and free legal aid of an accused person is a fundamental right under Article 21.
Rudal Shah v State of Bihar
In this case Supreme Court held that to get compensation in case of illegal imprisonment is a fundamental right of a prisoner.
Chandrima Das v Railway Chairman Board
The compensation to the rape victim is also a fundamental right under Article 21.
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