Which of the following statements regarding Article 21 of the Constitution of India is/ is correct? 1. Article 21 is violated when under-trial prisoners are detained under judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the state has the authority to violate that right. 3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty. Select the correct answer using the code given below.
1 and 2 only
Understanding Article 21 of the Indian Constitution
Article 21 of the Constitution of India guarantees the fundamental right to protection of life and personal liberty. It states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." This right is available to citizens and non-citizens alike and has been interpreted broadly by the Supreme Court to include a wide range of rights necessary for a dignified life.
Analyzing Statements on Article 21
Let's carefully examine each statement provided regarding Article 21:
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Statement 1: Article 21 is violated when under-trial prisoners are detained under judicial custody for an indefinite period.
This statement is correct. The Supreme Court of India has repeatedly held that the right to a speedy trial is an essential component of the right to life and personal liberty guaranteed by Article 21. Indefinite detention of under-trial prisoners without trial is considered a violation of this right because it deprives them of their liberty for an unreasonably long time, often exceeding the potential sentence if convicted.
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Statement 2: Right to life is one of the basic human rights and not even the state has the authority to violate that right.
This statement is largely correct in spirit within the context of Article 21. The right to life is indeed recognized globally as a basic human right. Under Article 21, while the state *can* deprive a person of life or liberty, it can only do so according to the "procedure established by law". This phrase implies that any such deprivation must follow a fair, just, and reasonable legal process. Arbitrary or illegal deprivation by the state is not permissible. Thus, the state's authority to impact this right is strictly limited by law and due process, making the statement that the state cannot violate it in an arbitrary manner essentially true.
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Statement 3: Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty.
This statement is incorrect. The Supreme Court of India has interpreted the right to personal liberty under Article 21 to include a woman's right to make reproductive choices, including decisions related to contraception, pregnancy, and abortion. This right is seen as integral to her dignity, bodily autonomy, and privacy, all of which are protected under the broad ambit of Article 21.
Conclusion on Correct Statements
Based on the analysis:
- Statement 1 is correct.
- Statement 2 is correct.
- Statement 3 is incorrect.
Therefore, the statements that are correct are 1 and 2 only.
Revision Table: Key Aspects of Article 21
| Aspect | Description |
|---|---|
| Scope | Protection of Life and Personal Liberty |
| Availability | To Citizens and Non-Citizens |
| Limitation | Deprivation possible only according to procedure established by law |
| Interpretation | Broadly interpreted by the Supreme Court to include various rights (e.g., speedy trial, dignity, privacy, clean environment) |
Additional Information on Article 21 Rights
The interpretation of Article 21 has expanded significantly over time through various judgments of the Supreme Court. Beyond the basic right to live, it now encompasses the right to live with dignity. Some rights included under Article 21 through judicial pronouncements are:
- Right to live with human dignity
- Right to a speedy trial
- Right against solitary confinement
- Right to livelihood
- Right to privacy
- Right to a clean environment
- Right to free legal aid
- Right against custodial torture
- Right to reproductive choices
The phrase "procedure established by law" means that a law must exist that authorizes the deprivation of life or personal liberty, and that law must be just, fair, and reasonable, not arbitrary or oppressive.
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Important Questions from Basics of Constitution
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India recognizes the Right to _______ as being part of Right to Life (Article 21).
What was the amendment done to the Indian Constitution by 52 nd amendment done in 1985?
Which of the following languages is NOT a part of the Eighth Schedule of the Constitution?
Which of the following constitutional amendments provided for the Right to Education?
