Article 21. Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
1. Right to a Pollution-Free Environment
- Citizens have a fundamental right under Article 21 to live in a pollution-free environment.
- The amended Section 15 of the Environment Protection Act, 1986 reinforces this right by imposing stricter penalties for environmental violations, ensuring accountability for harm caused to the environment.
2. Right to Shelter and Livelihood
- Case: Chameli Singh v. State of Uttar Pradesh (1995)
- Included food, water, a clean environment, and adequate living conditions.
- SC on Demolition and Property Rights:
- Demolition affecting the entire property, including those who are not accused, is unconstitutional as it infringes on the fundamental right to shelter.
- The right to life with dignity under Article 21 includes the right to shelter.
- Article 300A: Guarantees that no person shall be deprived of their property except by law, emphasizing that property can only be taken under lawful procedures.
3. Right to Education
- Case: Unnikrishnan v. State of Andhra Pradesh (1993)
- Declared education up to 14 years as a fundamental right.
- Paved the way for Article 21A through the 86th Amendment (2002).
4. Right to Die
Passive Euthanasia
In Common Cause v. Union of India (2018), a five-judge bench of the Supreme Court affirmed the right to die with dignity as a fundamental right under Article 21 (Right to Life). The Court ruled that terminally ill individuals could choose passive euthanasia by drafting a living will, allowing them to refuse medical treatment, including life support, in cases of an incurable coma.
Active Euthanasia
Active euthanasia remains illegal in India. Withdrawal of life support is permitted only for individuals who are declared brain dead, with the consent of their family members.
5. Right to Marry
In Shafin Jahan v. Asokan K.M. and Ors. (2018), commonly referred to as the Hadiya case or the Love-Jihad case, the Supreme Court held that the right to marry a person of one’s choice is a fundamental aspect of Article 21 of the Constitution. The Court emphasized that societal or external interference in an individual’s choice of partner is impermissible.
Source: Indian Kannon
