Meaning And Concept Of ‘right To Life’
'Everyone has a right to life, liberty, and personal security.' The right to life is without a doubt the most basic of all rights. All other rights enhance the quality of life in question and rely on the existence of life itself to function. Given that human rights can only be attached to living beings, one might expect the right to life to be primary, as none of the other rights would be worth or useful without it. If Article 21 had been interpreted in its original sense, there would have been no Fundamental Rights worth mentioning. This section will look at how the Supreme Court of India interprets and applies the right to life.
"No person shall be deprived of his life or personal liberty except according to procedure established by law," says Article 21 of the Indian Constitution of 1950. Article 21 of the Constitution defines 'life' as more than just breathing. It does not imply a purely animal existence or a life of drudgery. It encompasses a much broader range of rights, such as the right to live in dignity, the right to work, the right to health, and the right to breathe clean air, among others.
The right to life is fundamental to our very existence; without it, we would be unable to live as human beings. It encompasses all aspects of life that contribute to making a man's life meaningful, complete, and worthwhile. It is the only provision of the Constitution that has been given the broadest interpretation possible. So many rights have found refuge, growth, and nourishment under the protection of Article 21. The core concept of the right to life is thus the bare necessities, minimum and basic requirements that are essential and unavoidable for a person.
The Supreme Court quoted and held in the case of Kharak Singh v. State of Uttar Pradesh:
“By the term “life” as here used something more is meant than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by amputation of an armored leg or the pulling out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world.”
The Supreme Court affirmed the above observations in Sunil Batra v. Delhi Administration, holding that the "right to life" included the right to live a healthy life in which all faculties of the human body were in peak condition. It would also protect a person's tradition, culture, heritage, and everything else that gives meaning to his life. It encompasses the rights to live in peace, sleep in peace, and rest and health.
What Is Article 21 In Indian Constitution?
Article 21 "embodies a constitutional value of supreme importance in a democratic society," according to Bhagwati, J. Article 21 has been described as "the procedural Magna Carta protecting life and liberty," according to Iyer, J.
This right has long been regarded as the Constitution's heart, the most organic and progressive provision in our living constitution, and the bedrock of our laws. The following is the text of Article 21:
“No person shall be deprived of his life or personal liberty except according to a procedure established by law.”
Article 21 can only be invoked when a person's "life" or "personal liberty" is taken away by the "State" (as defined in Article 12). Private individuals' violations of the right are not covered by Article 21.
Two rights are guaranteed by Article 21:
• The right to life, as well as
• Personal liberty is a right.
The article forbids the deprivation of the aforementioned rights unless it is done in accordance with a legal procedure.
Article 21 is the same as the Magna Carta of 1215, the Fifth Amendment to the United States Constitution, Article 40(4) of the Irish Constitution of 1937, and Article XXXI of the Japanese Constitution of 1946.
Natural persons are covered by Article 21. Every person, whether a citizen or an alien, has this right. As a result, anyone, even a foreigner, can claim this right. However, as stated in Article 19 (1), it does not grant a foreigner the right to reside and settle in India (e).
The right to live in fair and reasonable conditions, the right to rehabilitation after release, the right to live hood through legal means, and a decent environment are all included in the definition of life. The Apex Court explained the expanded scope of Article 21 in the case of Unni Krishnan v. State of A.P., and the Apex Court provided a list of some of the rights covered by Article 21 based on previous pronouncements, some of which are listed below:
• The right to go abroad.
• The right to privacy.
• The right against solitary confinement.
• The right against hand cuffing.
• The right against delayed execution.
• The right to shelter.
• The right against custodial death.
• The right against public hanging.
• Doctors assistance