Which of the following statements regarding Article 21 of the Constitution of India is/ is correct? 1. Article 21 is violated when under-trial prisoners are detained under judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the state has the authority to violate that right. 3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty. Select the correct answer using the code given below.

Which of the following statements regarding Article 21 of the Constitution of India is/ is correct? 1. Article 21 is violated when under-trial prisoners are detained under judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the state has the authority to violate that right. 3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty. Select the correct answer using the code given below. Correct Answer 1 and 2 only

The correct answer is 1 and 2 only.

Key Points

  • Article 21 of the Indian Constitution deals with the protection of life and personal liberty.
    • No person shall be deprived of his life or personal liberty except according to the procedure established by law. Hence, statement 1 is correct.
  • .This right is available to both citizens and non-citizens.
  • The scope and applicability of Article 21 have been defined and formulated tie and again by the Supreme Court of India. The ‘life’ has been defined by the Supreme Court in Munn v. Illinois case that means more than the animal existence.
  • Article 21 is one of the prime Articles comprising Part III of the Constitution of India dealing with fundamental rights.
  • Article 21 is the protection of life and personal liberty.
    • No person shall be deprived of his life or personal liberty except according to the procedure established by law.
    • It guarantees life and personal liberty to all persons irrespective of caste or gender.
    • It guarantees the right of persons to live with human dignity.
    • All the aspects of life go to make a person's life meaningful, complete, and worth living.
  • Article 21 provides freedom from wrongful detention, arrest, and confinement.
  • Article 21 can be altered only through a procedure established by law. The state has no authority to violate this right. Hence statement 2 is correct.
  • The Supreme Court has reaffirmed its judgment in the Menaka Gandhi (1978) case under Article-21 Right of women to be treated with decency and dignity.
  • Article 21 also provides for the right against sexual harassment, the right to a clean environment, the right to compensation, right to privacy.
  • Under Article 21 of the Indian constitution, women's reproductive Choice falls under the right to personal liberty.
    • The right to personal liberty also includes women's reproductive choice, the same was held in the case of Suchitra Srivastava and ors V. Chadi. Hence, statement 3 is not correct.

Related Questions

Read the passage carefully and select the best answer to each question out of the given four alternatives.
What is Gandhian philosophy? It is the religious and social ideas adopted and developed by Gandhi, first during his period in South Africa from 1893 to 1914, and later of course in India. These ideas have been further developed by later "Gandhians", most notably, in India by, Vinoba Bhave and Jayaprakash Narayan. Outside of India some of the work of, for example, Martin Luther King Jr. can also be viewed in this light. Understanding the universe to be an organic whole, the philosophy exists on several planes - the spiritual or religious, moral, political, economic, social, individual and collective. The spiritual or religious element, and God, is at its core. Human nature is regarded as fundamentally virtuous. All individuals are believed to be capable of high moral development, and of reform. The twin cardinal principles of Gandhi's thought are truth and nonviolence. It should be remembered that the English word "truth" is an imperfect translation of the Sanskrit, "satya", and "non-violence", an even more imperfect translation of "ahimsa". Derived from "sat" - "that which exists" - "satya" contains a dimension of meaning not usually associated by English speakers with the word "truth". There are other variations, too, which we need not go into here. For Gandhi, truth is the relative truth of truthfulness in word and deed, and the absolute truth - the Ultimate Reality. This ultimate truth is God (as God is also Truth) and morality - the moral laws and code - its basis. Ahimsa, far from meaning mere peacefulness or the absence of overt violence, is understood by Gandhi to denote active love - the pole opposite of violence, or "Himsa", in every sense. The ultimate station Gandhi assigns non violence stems from two main points. First, if according to the Divine Reality all life is one, then all violence committed towards another is violence towards oneself, towards the collective, whole self, and thus "self"-destructive and counter to the universal law of life, which is love. Second, Gandhi believed that ahimsa is the most powerful force in existence. Had himsa been superior to ahimsa, humankind would long ago have succeeded in destroying itself. The human race certainly could not have progressed as far as it has, even if universal justice remains far off the horizon. From both viewpoints, non violence or love is regarded as the highest law of humankind.
According to the passage, which of the following statement is not true?
Read the passage carefully and select the best answer to each question out of the given four alternatives.
What is Gandhian philosophy? It is the religious and social ideas adopted and developed by Gandhi, first during his period in South Africa from 1893 to 1914, and later of course in India. These ideas have been further developed by later "Gandhians", most notably, in India by, Vinoba Bhave and Jayaprakash Narayan. Outside of India some of the work of, for example, Martin Luther King Jr. can also be viewed in this light. Understanding the universe to be an organic whole, the philosophy exists on several planes - the spiritual or religious, moral, political, economic, social, individual and collective. The spiritual or religious element, and God, is at its core. Human nature is regarded as fundamentally virtuous. All individuals are believed to be capable of high moral development, and of reform. The twin cardinal principles of Gandhi's thought are truth and nonviolence. It should be remembered that the English word "truth" is an imperfect translation of the Sanskrit, "satya", and "non-violence", an even more imperfect translation of "ahimsa". Derived from "sat" - "that which exists" - "satya" contains a dimension of meaning not usually associated by English speakers with the word "truth". There are other variations, too, which we need not go into here. For Gandhi, truth is the relative truth of truthfulness in word and deed, and the absolute truth - the Ultimate Reality. This ultimate truth is God (as God is also Truth) and morality - the moral laws and code - its basis. Ahimsa, far from meaning mere peacefulness or the absence of overt violence, is understood by Gandhi to denote active love - the pole opposite of violence, or "Himsa", in every sense. The ultimate station Gandhi assigns non violence stems from two main points. First, if according to the Divine Reality all life is one, then all violence committed towards another is violence towards oneself, towards the collective, whole self, and thus "self"-destructive and counter to the universal law of life, which is love. Second, Gandhi believed that ahimsa is the most powerful force in existence. Had himsa been superior to ahimsa, humankind would long ago have succeeded in destroying itself. The human race certainly could not have progressed as far as it has, even if universal justice remains far off the horizon. From both viewpoints, non violence or love is regarded as the highest law of humankind.
According to Gandhiji, truth complies to which of the following?