Constitution of Bharat: Article 21: Part 6

 

Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, has inspired or influenced numerous central and state enactments. Here's how various laws align with or are shaped by this foundational right:

Central Enactments:

1. The Protection of Human Rights Act, 1993:
   • Establishes the National Human Rights Commission, which has the mandate to protect rights under Article 21, including life and liberty.
2. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act):
   • Directly stems from Article 21A (inserted by the 86th Amendment), which was derived from the broader interpretation of the right to life under Article 21, recognizing education as a fundamental right.
3. The Mental Healthcare Act, 2017:
   • Ensures that persons with mental illness have the right to live with dignity, access to mental healthcare, and protection from cruel, inhuman, or degrading treatment, in line with Article 21's right to life with dignity.
4. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007:
   • Aims to ensure that senior citizens live with dignity by providing for their maintenance, reflecting the right to life and personal liberty.
5. The Environment (Protection) Act, 1986:
   • Environmental protection laws are linked to Article 21 through judicial interpretations that recognize the right to a clean and healthy environment as part of the right to life.
6. The Juvenile Justice (Care and Protection of Children) Act, 2015:
   • Protects the rights of children, ensuring their life and liberty are not infringed upon, with provisions for care, protection, and rehabilitation.

State Enactments:

• State Public Health Acts: Many states have laws or regulations concerning public health that are crafted to ensure the right to health, which is seen as an extension of Article 21.
• Prison Manuals and Laws: State prison acts or manuals often incorporate rights to humane treatment, medical care, and legal aid for prisoners, reflecting the right to life and liberty.
• State Pollution Control Acts: These work in conjunction with central environmental laws to protect the right to a clean environment, which courts have interpreted as part of Article 21.
• Land Acquisition and Rehabilitation Laws: States might enact or modify laws to ensure fair compensation and rehabilitation, safeguarding the livelihood aspect of the right to life.
• Anti-Sexual Harassment Laws at State Level: Following the Vishaka guidelines, states have enacted or amended laws to provide a safe environment for women, aligning with the right to life with dignity.

Other Considerations:

• Judicial Directives: While not enactments, court judgments have led to the creation of guidelines or directives that influence how laws are implemented or interpreted in relation to Article 21. For example:
  • The Supreme Court's guidelines on police conduct during custody to prevent custodial violence.
  • Directives ensuring the right to food, like in the context of the Public Distribution System.
• Amendments to Existing Laws: Amendments in criminal law, like the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, incorporate considerations from Article 21 to ensure procedural justice, rights during arrest, and fair trials.
• Welfare Schemes: While not laws per se, many government schemes at the central and state level, like those for housing, health, and social security, are implicitly based on ensuring life with dignity as per Article 21.

These enactments and legal frameworks reflect the broad and evolving interpretation of Article 21, ensuring that the right to life and personal liberty is not just theoretical but has practical implications in various aspects of governance and law in India.