Meaning Of Right To Life

The Supreme Court said that life is not restricted to the mere animal existence of a person. It means something more..

Meaning Of Personal Liberty

Personal libertymeans a personal right not to be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of legal justification.

Law

Law in Article 21 must mean the law of the State or enacted law, and not rules of natural justice.” Patanjali Sastri J. “Law inArt. 21 means positive or State-made law.” Minority Opinion- Fazl Ali J. “Law must include certain principles of natural justice.”

ELOBRATE ARTICLE 21

(1) Right To Travel
Satwant Singh Sawhney Vs. D.R.Ramanathnam[20]Right to travel is part of personal liberty and it can be deprived only by procedure established by law.

Maneka Gandhi vs. UOI[21]Personal liberty makes for the worth of the human being and travels makes liberty worthwhile. Right to go abroad cannot be curtailed except according to procedure established by law.

(2) Right To Privacy
Kharak Singh vs. State of U.P[22]Right to privacy is not a fundamental rights under Articles 19(1) (d) (e) & 21. Minority opinion- J.Subba Rao, “Right to to personal liberty takes in not only a right to be free from restrictions placed on his movements but also free from encroachments on his private life. It is true our constitution does not expressly declare a right to privacy as a fundamental right, but the said right is an essential ingredient of personal liberty … ”

Govind vs. State of M.P[23]Supreme Court accepted a limited Fundamental Rights to Privacy under Articles 19(1) (a) (d) & 21.

State of Maharashtra vs. Madhukar Narayan[24]Right to privacy is available to a women of easy virtues also. She is also a person.

R. Rajagopal vs. State of Tamil Nadu[25]Auto Shankar wrote his autobiography while confined in jail. The autobiography was handed over by him to his wife, for its publication. The Court has asserted that in recent times the right to privacy has acquired constitutional status; implicit in Article 21. It is a right to be let alone.

Mr. X vs. Hospital Z[26]Right to privacy vs. Right to life. Right to privacy is not an absolute right & restrictions can be imposed on it for the prevention of crime, disorder or protection of health or morals or protection of rights and freedoms of others.

PUCL vs. UOI[27]S.C said that phone tapping is an invasion on right to privacy. Phone tapping should not be done unless it is necessary for security of State or interest of public.

Surjit Singh vs. Kanwaljit Kaur[28]Virginity test is an invasion on right to privacy.( P&H high Court).

Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors [29]landmark case by the Supreme Court of India which holds that the right to privacy is protected under Article 21 and Part 3 of the Constitution. It also mentioned that it won’t be an Absolute right and will have some reasonable restrictions in matters of national security and mutual interest of the citizens and the state. The Declaration by the supreme Court will open debate about the scrapping ofSection 377 of the Indian Penal Code, that criminalizes same-sex relations.

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