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.
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Feb 20, 2025