Right to Life means nobody is allowed to take your life except for some legal reasons. According to Article 21 of the Indian Constitution, everyone has the right to life and personal liberty. Right to Life also means that the government should take appropriate steps to protect life. Examples include active measures taken to address life-threatening issues like infant mortality and poverty.  A person's right to life and personal liberty can only be taken away through the legal process. The topic “Right to Life (Article 21)” is an important part of the UPSC/IAS Exam Indian Polity syllabus which is discussed in this article in detail.

Right to Life (Article 21) - Constitutional Provisions

• Article 21: Protection of Life and Personal Liberty: “No person shall be deprived of his life or personal liberty except according to a procedure established by law. Article 21 is at the heart of the Constitution. It is our Constitution's most organic and progressive provision.
• A person's right to life and personal liberty can only be taken away through the legal process (as defined in Article 12) that has been established.
• For instance, a death sentence satisfies the theory of the rarest of rare cases. As a result, private individuals' violations of the right are not covered by Article 21. 
• Article 21 of the Constitution defines 'life' as more than just the act of breathing. It does not imply a just animal existence or a life of drudgery.
• It encompasses a far broader range of rights, including the right to live in dignity, the right to a livelihood, the right to health, the right to clean air, and so on.
• The main purpose of Article 21 is to ensure that when a person's right to life or liberty is taken away by the state, it is done so exclusively in accordance with the law.

Right to Life (Article 21) - Scope and Various Judicial Pronouncements

The scope of Article 21 has not been narrowed or reduced due to judicial intervention. Several key decisions have widened the gap. A few notable cases involving Article 21:

AK Gopalan Case

• Article 21 had a fairly limited scope until the 1950s, as seen by the AK Gopalan case.
• The Supreme Court ruled that the phrase "procedure established by law" in the Constitution conveyed the British concept of personal liberty rather than the American concept of "due process" in this case.

Maneka Gandhi vs. Union of India (1978)

• This case has overturned the Gopalan decision. Articles 19 and 21 are not watertight compartments, according to the Supreme Court.
• Article 21's concept of personal liberty encompasses a wide range of rights, some of which are enshrined in Article 19, providing them with "additional protection."
• The court went on to say that a law that falls under Article 21 must also meet the conditions of Article 19. That means that any legal method for depriving someone of their life or liberty must be fair, reasonable, and arbitrary.

Francis Coralie Mullin vs. Union Territory of Delhi (1981)

The court declared that any procedure for depriving a person of his or her life or liberty must be rational, fair, and just, rather than arbitrary, whimsical, or imaginative.

Olga Tellis vs. Bombay Municipal Corporation (1985)

This case reaffirmed the former position that any method that might deprive a person of their fundamental rights must follow fair play and justice principles.

State of Andhra Pradesh vs. Unni Krishnan (1993)

The Supreme Court supported the enlarged interpretation of the right to life in this instance.

Different kinds of Rights under Article 21

Based on the aforementioned decisions, the Court provided a list of rights that Article 21 protects. Here are a few examples:

Right Against Sexual Harassment at Workplace

• The Supreme Court has ruled that sexual harassment of women is a violation of one of the most valued of fundamental rights, the Right to Life enshrined in Art. 21.
• The Supreme Court ruled in Vishakha v. State of Rajasthan that workplace sexual harassment is a violation of the right to equality, life, and liberty. As a result, Articles 14, 15, and 21 of the Constitution have been violated.

Right to Shelter

• The right to shelter has been declared a basic right in the case of UP Avas Vikas Parishad v. Friends Coop. To make the right meaning for the poor, the state must give facilities and chances to build residences.
• In Shantistar Builders v. Narayan Khimalal Totame, the Court upheld the importance of the right to a pleasant environment and reasonable accommodations, ruling:
• “The right to life would encompass the rights to food, clothing, a decent environment, and acceptable living quarters.

Right to get Pollution Free Water and Air

• The Supreme Court stated in the case of Subhas Kumar v. the State of Bihar:
• "Under Article 21 of the Constitution, the right to live is a fundamental right, and it includes the right to enjoy pollution-free water and air for the full enjoyment of life." If something endangers or damages that quality of life in violation of the law, a citizen has the right to use Art. 32 of the Constitution to have the pollution of water or air removed, which may be harmful to the quality of life."

Right to life and suicide

• Attempting suicide is a criminal offense punishable by imprisonment and a fine under Section 309 of the Indian Penal Code (IPC).
• Many individuals questioned whether this should continue because mental health experts think that people who attempt suicide require sufficient counseling rather than punishment.
• Parliament passed the Mental Healthcare Act of 2017 in 2017, and the law went into effect in 2018. This Act is intended to offer "mental healthcare and services for persons with mental illness, as well as to safeguard, promote, and fulfill such persons' rights during the administration of mental healthcare and services."
• In India, this law makes suicide legal.

Right to Die with Dignity (Euthanasia)

• Euthanasia is the deliberate ending of a person's life in order to alleviate suffering and misery. It's also known as 'mercy killing.'
• Many people argue on whether the right to live includes the right to die, particularly the right to die with dignity. Euthanasia is a hot topic in the media these days.
• The practice of Passive Euthanasia is legalized in several countries (the Netherlands, Belgium, Denmark, Switzerland, Colombia, Luxembourg, and some of the states in the USA).
• In countries like Netherlands, Belgium, and Switzerland the practice of Active Euthanasia is also assistance that is legally allowed under circumstances.
• Passive Euthanasia: This occurs when a terminally ill person's therapy is withheld, i.e., the conditions that allow them to live are removed.
• Active Euthanasia: When a doctor uses fatal substances to end someone's life, this is known as active euthanasia.
• In India’s Case: There is no law enacted by the Legislature in India that regulated the practice of Euthanasia all forms of practice of Euthanasia are illegal and it is punished in the law.
• The Supreme Court in Aruna Shanbaugh vs Union of India, 2011 case held that passive Euthanasia can be practiced on the case-by-case bench of the High Court.
• Consisting of not less than 2 judges giving permission provided a team of medical experts containing a neurologist, a physician, a psychiatrist giving permission, and a relative giving a bonafide aid consent to practice passive euthanasia on a patient.
• The court clarified the practice of Active Euthanasia will continue to be illegal.

Conclusion

Every Indian person has the right to life as a fundamental right. And no one has the authority to infringe on a person's fundamental rights. If a public official or government official violates someone's fundamental right, that person can file a petition with the Supreme Court.

FAQs

MCQs

1. Which of the following rights is NOT covered under Article 21?

A) Right to shelter
B) Right to health
C) Right to privacy
D) Right to property

2. In which case did the Supreme Court expand the scope of Article 21?

A) A.K. Gopalan vs. State of Madras
B) Maneka Gandhi vs. Union of India
C) Keshavananda Bharati Case
D) Vishaka vs. State of Rajasthan

3. Which judgment recognized the Right to Privacy as a part of Article 21?

A) Unnikrishnan Case
B) Keshavananda Bharati Case
C) Puttaswamy Case
D) Golaknath Case

4. Which of the following is a direct derivative of Article 21?

A) Right to Constitutional Remedies
B) Right to Vote
C) Right to Education
D) Right to Property

5. Which of the following rights is implied under Article 21?

A) Right to Freedom of Religion
B) Right to Travel Abroad
C) Right to Vote
D) Right to Freedom of Speech

GS Mains Questions and Model Answers

Q1: Analyze the importance of Article 21 in expanding the scope of Fundamental Rights in India.

Answer: Article 21 has been a cornerstone in expanding Fundamental Rights, covering life, liberty, and various socio-economic rights through judicial activism. Initially interpreted narrowly, it now includes the Right to Health, Education, Privacy, and Dignity, making it a broad protection against state and non-state actions. This article ensures that laws affecting life or liberty must be fair and just.

Q2: Explain how the judiciary has played a role in evolving Article 21 with reference to the Right to Privacy and Right to Education.

Answer: Judicial interpretations, especially in cases like *Puttaswamy* (2017), established the Right to Privacy as a fundamental right under Article 21. Additionally, the Right to Education was declared a fundamental right in the *Unnikrishnan* case, which led to the inclusion of Article 21A in the Constitution, ensuring education for children between the ages of 6-14.

Q3: Discuss the concept of 'Right to Die with Dignity' and its relationship with Article 21.

Answer: The Right to Die with Dignity was recognized under Article 21 in the *Aruna Shanbaug* case, allowing passive euthanasia in specific cases. The Court ruled that the Right to Life includes living with dignity, and under extreme suffering, the right to die with dignity may be permissible under strict legal guidelines.

Previous Year Questions on Right to Life (Article 21)

1. UPSC CSE Prelims 2021:

Question: Which of the following rights is recognized under Article 21 of the Indian Constitution?

A) Right to Vote
B) Right to Property
C) Right to Privacy
D) Right to Equality

Answer: (C)

Explanation: The Right to Privacy was recognized as a fundamental right under Article 21 in the *Puttaswamy* judgment of 2017.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "Examine the evolution of the Right to Life under Article 21 with special reference to judicial pronouncements."

Answer: The scope of Article 21 has expanded through judicial interpretation. Initially narrow in scope, cases like *Maneka Gandhi* expanded its reach to include the Right to Privacy, Health, Education, and Dignity. Judicial activism has played a pivotal role in ensuring that Article 21 remains a dynamic safeguard for various human rights.