What is Article 21 (Right to Life and Personal Liberty) - Implied connection to livelihood and resource access?
Historical Background
Key Points
12 points- 1.
Article 21 guarantees the right to life and personal liberty to all persons, not just citizens.
- 2.
The Supreme Court has interpreted 'life' to include the right to live with human dignity, encompassing various aspects of a decent life.
- 3.
Access to clean water, air, and a healthy environment are considered integral parts of the right to life under Article 21.
- 4.
The right to livelihood is implicitly protected under Article 21, as it is essential for a dignified life. Deprivation of livelihood can be challenged as a violation of this right.
- 5.
Displacement of people from their homes and traditional lands without adequate rehabilitation can be seen as a violation of Article 21, especially if it deprives them of their livelihood.
- 6.
The state has a positive obligation to take measures to protect and improve the environment to ensure a healthy life for its citizens, as mandated by Article 48A (Directive Principles of State Policy).
- 7.
The judiciary plays a crucial role in enforcing Article 21 by issuing directions to the government and other authorities to protect the right to life and personal liberty.
- 8.
The concept of 'procedure established by law' in Article 21 must be fair, just, and reasonable, as determined by the Supreme Court.
- 9.
The right to food is also considered a part of the right to life, especially for vulnerable populations. The government has a duty to ensure food security.
- 10.
While the right to property is not a fundamental right, the deprivation of property that directly impacts livelihood can still be challenged under Article 21 if it violates the right to a dignified life.
- 11.
Access to healthcare is considered an essential component of the right to life. The state is obligated to provide adequate healthcare facilities.
- 12.
The right to education, particularly elementary education, has been recognized as a part of the right to life, ensuring opportunities for a better livelihood.
Recent Developments
6 developmentsIncreased focus on environmental protection and climate change mitigation, with courts recognizing the link between environmental degradation and violation of Article 21 (2020s).
Growing recognition of the rights of indigenous communities and their dependence on natural resources for livelihood, leading to stricter enforcement of the Forest Rights Act, 2006.
Supreme Court's intervention in cases of displacement due to development projects, emphasizing the need for fair compensation and rehabilitation to protect the right to livelihood (ongoing).
Government initiatives to provide social security and livelihood support to vulnerable populations, such as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), aimed at ensuring a basic standard of living.
Debates surrounding the balance between economic development and environmental protection, with concerns about the impact of industrial projects on the livelihoods of local communities (ongoing).
Increased awareness of the importance of access to healthcare and education as essential components of the right to life, leading to greater investment in these sectors (ongoing).