ARTICLE 21: RIGHT TO LIFE & LIVELIHOOD By Smarika Azad Article 21 of the Constitution of India, a very familiar fundamental right, applicable to all persons under Part III of the Constitution of India. Meaning of term “life” is defined in Munn v. Illinois, 94 US 11, Field, J. spoke of the right to life in the following words: “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 the amputation of an arm or leg, or the putting out of an eye, or the destruction of any other organ of the body through which the soul communicates with outer world.” This article applies to even non-citizen of India. The Supreme Court has emphasized that even those who come to India as tourists also – “have right to live, so long as they are here, with human dignity, just as the State is under an obligation to protect the life of every citizen in this country, so also the State is under an obligation to protect the life of the persons who are not citizen.”(Chairman, Railway Board v. Chandrima Das, AIR 2000 SC 988) [Excerpt] Read the full article here: lawlex.org/lex-bulletin/article-21-right-to-life-livelihood/3631
Posted on: Sun, 07 Jul 2013 07:04:23 +0000
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