Article 21 of the Indian Constitution guarantees every citizen the Right to Life. This article is one of the most important in the Constitution, as it lays down the fundamental right of every Indian citizen. In this article, we will discuss how Article 21 protects citizens’ rights against sexual harassment at their workplace and provides them with social security and protection for their families. We will also explore some recent cases in which Article 21 has been invoked to protect citizens’ rights.
What is right to life?
The right to life is a fundamental right guaranteed by the Constitution of India. It includes the right to live with dignity and the right to be free from exploitation. Article 21 of the Indian Constitution protects the right to life of every person in India.
What are the different rights guaranteed under the right to life?
The right to life under the Indian constitution includes certain rights including the right to live with dignity, the right to livelihood, the right against sexual harassment at their workplace, the right to social security and protection of family, right to health and medical assistance. Let’s discuss them one by one in detail.
Right to live with dignity
This right entitles every individual to live with dignity. It includes the right to have access to shelter, food, clothing, and healthcare. It also includes the right to education and employment. In the famous case of Maneka Gandhi v. UOI, (1978) the apex court stated that the right to life does not only include physical life rather the right to live with dignity.
Right to livelihood
This right entitles every individual to have access to means of livelihood. It includes the right to food, water, shelter, and clothing. In the famous case of Olga Tellis v. Bombay Municipal Corporation, (1985) the apex court stated that the right to livelihood is a fundamental right and it is essential for the survival of an individual.
Right against sexual harassment at the workplace
This right entitles every individual to be protected from sexual harassment at their workplace. In the famous case of Vishaka v. State of Rajasthan, (1997) the apex court held that sexual harassment at the workplace is a violation of the right to life and it is also an offence under the Indian Penal Code.
Right to social security and protection of family
This right entitles every individual to have access to social security and the protection of their family. In the famous case of Munshi Singh Gautam v. Union of India, (2011) the apex court held that the right to social security is a fundamental right and it is essential for the survival of an individual.
Right to health and medical assistance
This right entitles every individual to have access to health and medical assistance. In the famous case of NALSA v. Union of India, (2014) the apex court held that the right to health is a fundamental right and it is essential for the survival of an individual.
Apart from the above-mentioned fundamental rights, many other rights come under the ambit of the right to life. Thus, the right to life is very important and it is essential for the survival of an individual.
Euthanasia and Right to life in Indian laws
Euthanasia is mercy killing or assisted suicide of a person with a terminal illness or in an irreversible coma. It is a controversial topic and is currently not allowed in India. The Indian Constitution does not expressly allow for euthanasia, but the Supreme Court has ruled that it is implicit in the Right to life under Article 21.
The right to life under Article 21 of the Indian Constitution includes the right to live with dignity. This means that a person cannot be forced to endure pain and suffering against their will. In the case of a terminally ill patient or a person in an irreversible coma, they are not able to live with dignity and therefore have the right to die. However, it is not absolute and must be judged depending upon the cases.
Euthanasia is a very delicate topic and must be approached with caution. The Supreme Court has not yet given legality on the matter of active euthanasia.
Conclusion
The right to life is a fundamental human right enshrined in Article 21 of the Indian Constitution. This article protects every person from arbitrary deprivation of life, including through police brutality and extrajudicial killings. In recent years, there has been an alarming increase in incidents of violence against marginalized communities, particularly Dalits and Muslims. Students have a responsibility to learn about their rights and stand up for those who are vulnerable. We must work together to protect the most marginalized members of our society and uphold the values enshrined in our Constitution.