Fundamental Rights: Article 21

  • What is it?: Protection of Life and Personal Liberty
    • Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.
Rights Related Cases
Right to live with human dignity Maneka Gandhi vs. Union of India (1978), Francis Coralie Mullin vs. Administrator, Delhi (1981)
Right to decent environment M.C. Mehta vs. Union of India (1987), Subhash Kumar vs. State of Bihar (1991)
Right to livelihood Olga Tellis vs. Bombay Municipal Corporation (1985)
Right to privacy Justice K.S. Puttaswamy vs. Union of India (2017)
Right to shelter Chameli Singh vs. State of U.P. (1996)
Right to health State of Punjab vs. Mohinder Singh Chawla (1997), Paschim Banga Khet Mazdoor Samity vs. State of West Bengal (1996)
Right to free education up to 14 years Mohini Jain vs. State of Karnataka (1992), Unni Krishnan vs. State of Andhra Pradesh (1993)
Right to free legal aid Hussainara Khatoon vs. State of Bihar (1979), Khatri vs. State of Bihar (1981)
Right against solitary confinement Sunil Batra vs. Delhi Administration (1978)
Right to speedy trial Hussainara Khatoon vs. State of Bihar (1979), Abdul Rehman Antulay vs. R.S. Nayak (1992)
Right against handcuffing Prem Shankar Shukla vs. Delhi Administration (1980)
Right against inhuman treatment Sheela Barse vs. State of Maharashtra (1987)
Right against delayed execution Triveniben vs. State of Gujarat (1988)
Right to travel abroad Maneka Gandhi vs. Union of India (1978)
Right against bonded labour Bandhua Mukti Morcha vs. Union of India (1984)
Right against custodial harassment D.K. Basu vs. State of West Bengal (1997)
Right to emergency medical aid Parmanand Katara vs. Union of India (1989)
Right to timely medical treatment in government hospital Paschim Banga Khet Mazdoor Samity vs. State of West Bengal (1996)
Right not to be driven out of a state NHRC vs. State of Arunachal Pradesh (1996)
Right to fair trial Zahira Habibulla Sheikh vs. State of Gujarat (2004)
Right of prisoner to have necessities of life Sunil Batra vs. Delhi Administration (1978)
Right of women to be treated with decency State of Punjab vs. Gurmit Singh (1996)
Right against public hanging Attorney General of India vs. Lachma Devi (1986)
Right to road in hilly areas State of Himachal Pradesh vs. Umed Ram Sharma (1986)
Right to information State of U.P. vs. Raj Narain (1975), R.K. Garg vs. Union of India (2015)
Right to reputation Sahara India Real Estate Corp. vs. SEBI (2012), Subramanian Swamy vs. Union of India (2016)
Right of appeal from a judgment of conviction M.H. Hoskot vs. State of Maharashtra (1978)
Right to family pension State of Kerala vs. Padmanabhan Nair (1985)
Right to social and economic justice Consumer Education and Research Center vs. Union of India (1995)
Right against bar fetters Sunil Batra vs. Delhi Administration (1978)
Right to appropriate life insurance policy LIC of India vs. Consumer Education and Research Centre (1995)
Right to sleep In Re: Ramlila Maidan Incident (2012)
Right to freedom from noise pollution In Re: Noise Pollution – Implementation of the Laws for restricting use of loudspeakers (2005)
Right to sustainable development Narmada Bachao Andolan vs. Union of India (2000)
Right to opportunity T.M.A. Pai Foundation vs. State of Karnataka (2002)
Right to be forgotten K.S. Puttaswamy vs. Union of India (2017), Google Inc. vs. Spain (Google Spain Case) (2014)
Right to be heard in a digital world (Data protection rights) K.S. Puttaswamy vs. Union of India (2017) (privacy expanded to data protection)

 

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