article 21 scope
Image Source: https://bit.ly/30IUeXJ

This article is written by Shruti Singh, a student at Lloyd Law College, Greater Noida. In this article, she discusses the Constitution of India, Article 21. 

Introduction 

The article prohibits the deprivation of rights according to procedures established by law. Article 21 is the heart of the Indian Constitution. It is the most organic and progressive provision in our Indian Constitution. Fundamental rights are protected under the charter of rights in the Constitution of India. Article 21 talks about equality before the law, freedom of speech and expression, religious and cultural freedom, etc. Article 21 is valid for every citizen of India. It is also valid for foreign citizens. 

Article 21 of the Indian Constitution 

Article 21 has two types of rights: 

  1. Right to life 
  2. Right to personal liberty

Right to life

Every citizen has the right to life, liberty, and security of person. The right to life is the fundamental right in the Indian constitution. Human rights are only attached to living beings.  The right to life is the most valuable rights to citizens. There would have been no Fundamental Rights, worth mentioning if Article 21 had been interpreted in its original sense. This article examines the right to life which is interpreted by the Supreme Court of India in numerous cases.

Right to life is a fundamental aspect of life without which we cannot live as a human being and it includes all those aspects of life which go to make a human being’s life meaningful, complete, and worth living. It is only the article in the constitution that has received the widest possible interpretation. Under Article 21 of the Indian Constitution, the right to shelter, growth, and nourishment are mentioned. Because it is the bare necessity, minimum and basic requirements that are essential and unavoidable for a person for the right to life and other rights.  

Case law

Kharak Singh vs State of Uttar Pradesh

Facts of the case

By the terms of the life, the existence of animals is more important. The inhibition against deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by amputation of an armored leg or pulling out of an eye, or the destruction of any other organ of the body through which the soul of our body communicates with the outer world. 

https://lawsikho.com/course/diploma-entrepreneurship-administration-business-laws

Click Here

The Judgment of the case:

The apex court held that the right to privacy is not a fundamental right in the Constitution of India

Right to personal liberty

“No person shall be deprived of personal liberty according to the procedure established by law”.

 The protection of our liberty is the mere responsibility of our law as our Constitution of India quoted. As we see the Supreme Court is the guardian of the Constitution of India. So according to this Supreme Court has the mere responsibility to protect and guarantee fundamental rights. As a citizen of India, we have all the fundamental rights which are established by law. So we can enforce it through the Supreme Court whenever our fundamental rights get violated.

Right to constitutional remedy is the part of fundamental rights so it is the responsibility of the Supreme Court to exercise the Judicial Review through writs or orders for the enforcement of fundamental rights. The Supreme court has made the judicial process as a bulwark of personal liberties. 

“The Article 32 of the Constitution is the soul of the constitution of India and it is also considered as the heart of the Indian Constitution because in case of Right to life or any right which belongs to human beings we only refer Article 32 of the Indian Constitution”.

 The Constitution of India is the most valuable law. Personal liberty is developed from the Magna Carta. Personal liberty is not subjected to imprisonment, arrest, or other physical coercion in any manner. Positivity is the basic element of personal liberty. 

Case law

Maneka Gandhi vs Union of India

Facts of the case

In this case, Manenka Gandhi issued a passport for the foreign tour from the passport office. But the Regional Passport officer Delhi has informed the petitioner about the passport that this decision is taken by the Government of India for the acceptance of passport. Because of this reason the petitioner had to surrender her passport within 7 days. After some time the Government rejected the passport saying it is against the interest of the general public. Then the petitioner filed a writ petition challenging the government for impounding the passport and declining from doing so.  

The Judgment of the case:

In the case of Maneka Gandhi the Supreme Court gave a new direction to Article 21 and said that the right to live is not merely a physical right but includes the ambit of the right to live with human dignity.

Right to Equality

Right to equality is also the part of Article 21 of the Indian Constitution which is the fundamental right. This right includes equality before the law, the prohibition of discrimination, etc.  No citizen can be discriminated against based on sex, caste, colour, creed or religion. And it is a fundamental right which cannot be violated by anyone. If this right is violated then it is the dishonour of Article 21. 

Equality before law: 

The state shall not deny to any person equality before the law or the equal protection of laws within the territory of India. 

The rule of law is governed by the State Government or the people who are appointed by the law. Equality before the law means every person has to follow the rules and regulations of law that are implemented under the Constitution of India. No law should be violated by any person. If anyone violates the rule of law they are punishable by a court of law. Rule of law also confers that every person is protected within the territory of India. No person can be discriminated against related to sex, gender, caste or religion. Every citizen of India has the right to life under Article 21. The person who came from other countries to India is also guaranteed the right under Article 21.

Supremacy of law

It is a fundamental concept of Rule of Law which requires both citizens as well as governments to understand the concept of law. It gives generality in the concept of law. In past days, it is the principle of Equality before the Law. No person can make their law because the law is governed by the established laws. The rule of law is not easily changeable. Rule of law is the stable laws that are an essential part of individual freedom and security.

Equality before law

The principle of supremacy of law is used in cheques and balances which is under government for making and administering the law. The law does not discriminate between people about sex, religion, race, etc. this concept is codified in the Indian Constitution under Article 14 and the Universal Declaration of Human Rights under the preamble and article 7.  

The Predominance of a legal spirit

This is a requirement for the rule of law because it was insufficient to simply include the above two principles in the Constitution of the country or in its other laws for the state to be one in which the principles of rule of law are being followed. There must be an enforcing authority and it is believed that this authority could be found in the courts. The courts are the enforcers of the rule of law and they must be both impartial and free from all external influences. Thus the freedom of the judicial becomes an important pillar to the rule of law. 

Right against discrimination: This is defined under Article 15 of the Indian Constitution. No person can be discriminated based on:

  1. Religion, race or caste
  2. Sex 
  3. Place of birth 
  4. Creed
  5. colour

Every citizen has the right to life, education, work, speech, and expression, etc. even the weaker section of the society has the right to education or work in the reputed institution with higher caste people. They have full right to get marks based on merit, not based on caste or religion.

Every person has the right to respect. No one can be humiliated or tortured based on caste or religion. Today in many places low caste people have to face many difficulties based on caste. Higher caste people torture them and kill them because of the caste system. Because in India maximum peoples are unaware of law prescribed in our Indian Constitution. This happens because of low education standards. The person who belongs to the lower caste is not allowed to study in schools with the higher caste people and even they have no money to get an education.

This is a reason high poverty in India. Every person has the right to worship in the temple as well as a masjid or any god house they want to pray  Because god is the same for everyone. So no person is discriminated against based on religion or caste. Even lower caste people have the right to enter the temple to pray to god. Even Muslims can celebrate all the festivals of any religion and celebrate together.    

  1. Right of opportunity to employment: No person can be unemployed after pursuing higher education. Even the person who is not educated and belongs to a lower society has the right to work according to their area of interest. If any person knows and if he is from low caste than also they have the right to work and earn money. And everyone has the right to choose their area of interest where they want to work.

It is not enforceable by law. Even a woman has the right to work in reputed companies and institutions. Because women are also educated so they have the right to employment too. Weaker section of society has also the right to work with normal people in the same company as well. There should be no discrimination. Every child has the right to get marks in the examination based on their merit and select the student for higher studies based on their merit and it cannot be violated.

Even after education anyone can move to foreign for employment and get a higher paid in the company. Employment also includes promotion. Anyone can start their business as per and requirements. Employment also includes reservation for the special persons. Note: rephrase  

 

  1. Right against untouchability: Untouchability is abolished by Supreme Court. So no one gets discriminated based on caste and untouchability. Even today in small cities the person who belongs to the low caste has to work in houses for cleaning the dustbins and toilets. They have to face untouchability. Even when the government has provided free education for these people then also they don’t pursue education and work in houses and have to face these problems. They have to live with their community people in a  separate place. They are not allowed to live with high-class people. 

 

Article 21 of the Indian Constitution and Environment protection 

This is recognized by our legal system that it is a very old invention of our judiciary. It is also part of our Fundamental right. There were some judicial pronouncements for this right. Environmental protection is the most important duty of the Government as well as a citizen of India. If we do not protect our environment we can’t live in it. The most important thing for the protection of the environment is growing more and more trees in our area. Because trees give us oxygen, food, water, etc. and if we don’t plant trees, birds and animals don’t get food to eat and they can die. Birds and animals make our environment healthy and beautiful. Pollution is the reason why our environment is getting polluted. People cut down trees to make buildings and complexes. Birds are not getting shelter to live and they are getting extinct.    

Judicial pronouncements on Right to clean and healthy environment as a fundamental right of Article 21 of the Constitution of India

Article 21 of the Constitution of India states that no person shall be deprived of his life or personal liberty except according to procedures established by law. The state and its citizens have to take responsibility for the right to clean the environment because we live in this environment. It gives us shelter, food, water, light, etc. so we keep our environment safe and clean and pollution-free.  

Case law: 

Subhash Kumar v. The State of Bihar.

In this case of Subhas Kumar vs. The State of Bihar, the Court observed that the right to life guaranteed by Article 21 includes the right to the enjoyment of pollution-free water and air for a healthy life. 

Judgment of the case:

From this case, the Court recognises some of the rights related to environmental rights that are:

  1. The right to a healthy environment is a part of the fundamental right to life. 
  2. Municipalities and a large number of other concerned governmental agencies have no content and unimplemented measures for the abatement and prevention of pollution. The government may take some positive measures to improve the environment.    

  Rural Litigation and Entitlement Kendra Dehradun and others.

The petitioner alleged that illegal limestone mining in the Mussoorie-Dehradun region causing damage to the fragile ecosystem in the area in the Supreme Court of India. This petition is considered as the public interest litigation under Article 32 of the Constitution. 

Judgment of the case:

After the petition filed Supreme has given the order to inspect the illegal mining sites. After the inspection, it is noticed that the illegal mining site has a very adverse effect on the environment.

Right to clean environment

Every citizen has the right to live in a clean and healthy environment. Under the Indian Constitution, every person in this world has responsibility for a healthy environment and they have to take some appropriate measures to prevent any kind of environmental harm so they can maintain a healthy environment. They also work to prevent environmental destruction and aim to preserve nature and its natural resources. There are many treaties registered under the UN environmental program for the protection of the environment. 

Stockholm 1972 – Declaration of the United Nations Conference.

Stockholm Declaration was the first international conference on the human environment held   1972 which emphasises on the right to a healthy environment. 

Principles of Stockholm Declaration:

  1.  Stockholm Declaration is established for the foundation of human rights and environmental protection, it declares that man has a fundamental right to freedom, equality and adequate conditions of life in an environment that permits a life of dignity and well-being. 

The resolution is held for the enhancement to give efforts towards ensuring a better and healthier environment. The conference issued the Declaration on the Human Environment stating 26 principles.   

M.C. Mehta vs. Union of India

Facts of the case- 

There is a company named Birla Textile in Calcutta. There were 2800 workers who worked for 30 years. Their services were in jeopardy upon the closure of the industry in Delhi. They claimed that they should get full back wages with effect from December 1, 1996. And they also claimed that they should get a 1-year bonus as a shifting bonus. 

Judgment of the case:

When workers claim the work period of 30 years then the court gives the order to the relief sought:

  1. Payment of wages to the workers
  2. Treat all the workers as regular employees. 
  3. It also gives the order to give a 1- year wage as a shifting bonus. 

M.C. Mehta vs. Union of India

 Facts of the case

In this case, the Supreme court has removed the vehicle named BS-IV. Since this vehicle created a high amount of pollution in the city and destroyed nature as well. So for the right to clean environment, the court decided to remove the vehicle from the country as well. 

Judgment of the case:

The court brings the decisions on the issue as to whether such a vehicle is a two-wheeler, four-wheeler, or a commercial vehicle, etc. 

Right against Noise Pollution 

Noise is defined as unwanted sound that forces our ears and it causes pain and annoyance. Section 2 in THE AIR (PREVENTION AND CONTROL OF POLLUTION). Pollution means the destruction of the environment because of various reasons like solid, liquid or gaseous substance including the presence of noise. It may cause injury to human beings as well as plants and animals. Noise is described as unpleasant and irritating to the ear. If we see the measurement of noise, a decibel is a standard for the measurement of noise. The zero on a decibel scale is at the threshold of hearing, the lowest sound pressure that can be heard, on the scale. 

Sources of noise pollution 

  1. Road traffic– The noise which is created by the vehicles on the road is the most disturbing element which causes noise pollution in comparison to all types of noise. Because the population of vehicles is increasing day by day. People all the time uses vehicles to roam around. So it creates noise 24 hours a day.  
  2. Aircraft noise: This is the type of noise which is created by airplanes. In today’s time, people prefer to travel from airplanes to save time. So it creates very high noise pollution in society. These noises distract people from their work. Many times kids get attracted to this sound.
  3. Noise from railroads: The noise which is created from the vehicles which move on the road. Horns and whistles and switching and shunting operation in rail yards can impact neighboring communities and railroad workers.  
  4. Construction noise: many times in society, construction works are done to make the buildings in which machines are used for cementing which creates very serious noise pollution. That machine creates a lot of noise in society and it becomes a very serious issue for everyone. It goes on for many days. 
  5. Noise in the industry: Noise which comes from industry does not create so much noise because industries are not established everywhere in the city. Factories and industries in some particular places far from societies. But the person who works in the industry face some problems with the industrial noise. Their ears get highly affected by the sound of machines which are used in factories and buildings. 
  6. Noise in building: This is a type of noise pollution which is created by the home appliances which are used in the home for the personal use of families like generator, motor, coolers, mixers, etc. noise is also created from the music player, T.V which we play in our homes for our entertainment. In the time of marriage, people use a DJ in their homes for entertainment, it also creates noise pollution. In metropolitan cities, the government restricts DJ at night after 10 pm. But in smaller cities, this rule must be followed for public safety from noise destruction.     
  7. Harmful effects: all the people are affected by noise pollution like human animals, birds, etc. noise pollution could make irritational to anyone. 
  8. Legal control: noise pollution can be prevented by the limited use of the products from which noise pollution is created. All the products which create noise pollution are to be used in only specific times.   

Right to pollution-free water and air 

Environment and life are interrelated with each other.  Life exists on the earth depends on the environment. Human beings are responsible for the environment. Human beings are at the center of sustainable development and they are entitled to a healthy and productive life in harmony with nature. Pollution becomes a very serious issue in the case of the environment. The overuse of petrol and diesel in the vehicle creates excessive pollution. Every year a new vehicle is launched. Because more and more are used in the roadside it creates pollution. Because of this reason plants, birds, and animals are getting adversely affected. They are getting extinct day by day. Plants are getting polluted. Human beings are also getting affected and they are caused by different types of diseases. Water is also get affected. In many states, water was scarce by which people are dying. All the persons, animals, birds need fresh air and water and shelter to live. 

Case law:

  1. Chhabil Das vs. State & others.

Facts of the case:

Bhartiya Kisan Singh filed a Writ petition before the court for the issue of pollution of water in a minor canal, which passes through the Sri Ganganagar district. After some time this case transferred to National Green Tribunal after giving some directions. After some days again Bhartiya Kisan Singh filed a writ petition for other canals of Sri Ganganagar district claiming that water in these canals is polluted. 

Judgment of the case:

The first decision was issued by the Division Bench and the division bench transferred the case to the National Green Tribunal. Second, the High Court of Jodhpur passed the report to the Rajasthan Pollution Control Board. 

Right to privacy under article 21 of the Indian Constitution

Meaning and concept of the right of life

The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by part III of the Constitution.

India’s Supreme Court Upholds Right to Privacy as a Fundamental …

The right to privacy is developing from the past 60 years. And it is the most consistent right in the Constitution of India. After two judgments right of privacy becomes the fundamental right. Privacy is the necessary condition of guaranteed freedom. The supreme court has not guaranteed the right to privacy as an explicit fundamental right to the citizens.

The Supreme Court has constructed the right to privacy as a part of life and personal liberty under Article 21 of the Indian Constitution. At last Supreme court declares “The Right of Privacy” as a Fundamental Right that does not need to be separately articulated but can be derived from Articles 14, 19, and 21 of the Constitution of India.

The fundamental right to privacy is not absolute and always subject to reasonable restrictions. The State imposes some restrictions on the right to privacy to protect the public interest. If we talk about the right to information in the case of the right to privacy, both are related to each other in holding, they complement each other in holding governments accountable to individuals. Law provides information to the people who are held by the government bodies. 

The relation between Privacy and RTI 

  • The relation between privacy and RTI, they are the two sides of the same coin means both acts as complementary rights that promote an individual’s right to protect themselves and to promote government accountability. 
  • This is a type of considerable debate. Around 50 countries adopted these laws.
  • Privacy is challenged by new technologies and practices but RTI laws have access to new information and communications technologies, and web sites containing searchable government records.

  Case laws

  Kharak Singh vs The State Of UP & Others.

Facts of the case:

 This case is related to dacoity, the petitioner was challenged in the dacoity but he gets released because there was no evidence against. But police opened the history sheet against and put him under surveillance. Surveillance means involving in secret pickpocketing of the house or approaches to the houses of the suspects, domiciliary visits at night. The petitioner filed a writ petition under Article 32 of the Indian Constitution, in which he challenged the constitutional validity of U.P police regulations. 

Judgment of the case:

The court gives separate judgment and put the enquiry on the police officials. And said petitioner right gets violated. 

 Sunil Batra vs Delhi Administration

Facts of the case:

In this case, the petitioner is the prisoner,  he has been tortured. 

Judgment of the case:

judges of the court alleges that torture was practiced by other prisoners to recover money from the victim. Because of the letter, this case is converted into Habeas Corpus.  

Rajagopal vs State Of T.N

Facts of the case:

There were three petitioners in the case the first petitioner is the editor, printer and publisher of a Tamil weekly magazine Nakkheeran, published from Madras. The second petitioner works as the associate editor of the magazine. 

Judgment of the case:

All the petitioners were challenged for more than 6 murders. He was convicted and sentenced to death. The petitioner has appeared in court but judges dismissed his petition.  

Scope and content of Right to Privacy

  • Impact of Right to Privacy in the case of Aadhaar, freedom of expression and sexuality

The privacy of the individual is the duty and responsibility of the government. In the case of aadhar card, it is the government id proof for the individual. Aadhar card should be biometric and is fully protected so no fraud can cause.

  • Tapping of telephone

To protect the country from crime or fraud and for the protection of national security of the country, the government has started tapping the phone calls, texts, and emails of people. But this is a very serious question raised against the Right to Privacy. Their fundamental rights are being violated through this phone tapping.

There must be some limitations in the phone tapping of people. Because the right to privacy is guaranteed by the Constitution of India. As the right of tapping the phone of people is mentioned under the Union list so the Government has the right to tapping. The authority needs the permission of the Home Minister to tap the phone of the people during the investigation of any crime.  

  • Safeguards against phone tapping 

Phone tapping is a very serious issue coming around. Many scandals have come regarding the issue of phone tapping. It has become a political agenda. It is a rule that phone tapping can be done by the government officials only and not by a normal person. The apex court has said that tapping of phones or wiretaps is a very serious invasion of privacy of an individual, and also recognized as the right to privacy which falls under Article 21 of the Indian Constitution.

The Right to Privacy is also under ICCPR in article 17. India is the party of the International Covenant on Civil and Political Rights. The conversation of the people is considered as the freedom of speech and expression which is also coming under article 19(1)(a).  

  •   Remedies 
  1. Unauthorized tapping of the phone and interception is the violation of the right to privacy, and it is the rule that if anyone gets tapped fraudulently than he can make a complaint against them with the National Human Rights Commission. 

 

  • Disclosure of diseases

Diseases can be disclosed in front of doctors. Because the relationship  between doctor and patient is a trusting relationship. So, there was no privacy between doctor and patient in the case of healthcare. This is the duty of the patient to share all the information related to their health problems like bodily functions, physical and sexual activities and medical history so the doctor can protect the patient from severe diseases or any other severe problem related to health. There were female as well as male doctors so women can comfortably share their sexual issues in front of a female doctor.

Medicines are also available for the protection of health. Doctors help the patient to gain knowledge about some of the diseases that create in the body due to genetic issues. They are the big informer of the patient. In today’s world, many schools and colleges give sex education to the students so they can protect themselves from harmful diseases that   due to reproductive parts of the body. But there are some limitations in the privacy of the information which is provided by the doctor to the patient related to pregnancy.  

  • Legislation of health privacy
  1. Epidemic Diseases Act, 1897

Epidemic diseases include all infectious diseases like chikungunya, dengue fever, and many infectious diseases. There were many severe infectious health diseases in India as well as foreign countries through which threat is increased to the public health security of India. Legal frameworks are very important in the case of public health security. So that the government has to respond in case of health issues and duties and rights of the citizen. Then this act came into existence in the year 1897. This act is invoked in many states of India. 

  • Limitations of this act:

This act is made about 118 years ago and has many limitations.                      

Woman’s right to make reproductive choices

In the case of reproductive choices, abortion and surrogacy is the major issue in India nowadays.Many times due to some medical issues people are preferring surrogacy mother for the child and they don’t try to adopt the child. People usually try to threaten people with the help of money and force women to become surrogacy mothers against their choice. Women are seriously affected by this abortion and surrogacy.

In the case of abortion, many times families force women to abort their child because of a girl child. Families fraudulently get to know the gender of the child and force women to abort their child. This becomes a very serious crime in India. This crime mainly happens in village areas. Many women get tortured due to girl child if abortion doesn’t happen. Reproductive rights are the personal autonomy of a woman’s privacy.

Women have the full right to make a reproductive choice even after marriage. Even after marriage if the husband tries to force their wife for the sex then it is considered as the marital rape and the woman can file a petition against her husband. Consent is very important in the case of reproductive choices. Because it is the most sensitive part of the female body.  

Right to privacy to private medical test

The term privacy means about to with concerning medical is called domestic legislation in the context of a doctor and patient relationship. This relationship is established from the Indian Medical Council Act of 1952, under section 20(a). Section 20(a) says that the doctor has to adhere all the time. 

Privacy of health care includes some of the privacy:

  1. Informational privacy which means confidentiality, anonymity, secrecy and data security.
  2. Physical privacy means modesty and bodily integrity.
  3. Associational privacy means intimate sharing of death, illness ,and recovery.
  4. Proprietary privacy means self-ownership and control over personal identifiers, genetic data, and body tissues. 
  5. Decisional privacy means autonomy and choice in medical decision-making. 
  • Medical confidentiality

It is a set of rules which say that medical problems are only shared with doctors or other medical practitioners. It is the responsibility of the doctor to keep all the details of his or her patient confidential. If because of some reasons patient has to change the doctor for their medical issue so they have to share their medical report to the new doctor in case patient must take consent from the previous doctor so they can share their confidentiality report to a new doctor. 

  • Privacy violations about to with concerning policy and information.

The policy of health care privacy is that the report of the medical health cannot be shared with the third party without the consent of the patient. It is the issue of breach of the privacy of health care. 

Here are some issues which violate the privacy of medical health:

  1. Inadequate information to the patient related to data.
  2. Data is collected unlimited and unnecessary related to personal health data.
  3. Collection of health data which is inaccurate or irrelevant.
  4. Doctor’s refusal in providing the medical records.
  5.  Disclosure of personal health information is caused by embarrassing the patient.
  • Mental Health Act, 1987

The provisions of the Mental Health Act,1987 is to protect the privacy of the medical health of the patient and medical report is to be kept confidential. Medical health data cannot be disclosed. 

Statements and objects of the Mental Health Act:

  1. Mental ill persons are to be treated from the early period. They are to be treated like a normal person so it will help them to cure fast at an early stage. 
  2. In the Indian Lunacy Act, 1912 it says that, with the advancement of medical science, there is a provision in this act for the treatment of mentally ill persons by following per under the new approach.
  3. Many times mentally ill persons become dangerous to society if they are not in the early stages of life. 
  4. Maintenance charges to be paid for the admission of a mentally ill person if in any case, they try to harm people in the mental hospital.
  5.   has the power to regulate the license to control psychiatric hospitals and psychiatric nursing homes. 

Article 21 of the Indian Constitution right to life 

Prisoners right is also a fundamental right. They have the right to life as a normal being, no matter if they are in prison. They have full rights in the prison as well.

  •  Article 14 of the Indian Constitution cannot deny to any person for equality before the law or the equal protection of laws within the territory of India.
  • Article 19 of the constitution of India mentions six freedoms to all citizens of India. 
  • Article 21 of the Constitution of India mention about Right to Life and Personal and personal liberty

These articles that all persons, as well as prisoners, have the right to life, right to equality, and the right to personal liberty. In the prisons as well.  

There are more following rights which are especially for prisoners:

Prisoners are also considered as the normal human beings as they convicted crime and they have to stay in prison for whole life this does not mean they have no right. They have an equal right to life and personal liberty. Prisoners have their rights which is provided by our Government of India. Prisoners should not be treated as in-humans in prison. They are to be treated nicely in prison.

They have the full right to get a chance to change themselves, so prisons provide them with all the facilities in the prison-like food, schooling ,and medical facilities as well. In all the rights prisoners don’t have the right to release. They have to spend their whole life in prison as the decision of the court. 

  • Right against illegal detention 

Illegal detention means the unjustifiable and unlawful imprisonment for a wrongful cause. Many times, usually the weaker sections are illegally caused detention because they have not enough money to feed their family. Most women are convicted because of their poor condition they have to forcefully involved in crime like the drug trade.

If we talk about the youth they are also convicted of the crime because of the need for money. Youth are generally involved in the crime because of money because of the financial conditions of their family they are not able to get sufficient pocket money from their family so they involved in theft, robbery, kidnapping, etc. But in prisons youth and women are supported so they can be released early from jail.

Youth are provided with school so they can study and get educated so they can earn money after they released. Women get employment so they can also earn money and they don’t have to bear money from others or to be involved in any other crime. But most times men   detention. Even if they are not involved in the crime. Because many times people try to protect themselves from the illegal detention so they involve police officials in their crime and they fraudulently detain other people who are from the weaker section who is not able to hire a lawyer for their release. And they have face in-human and torture in the jail. This mostly happens in Indian.   

  •  Right to personal liberty

In our world prisons are still considers as torture, warehouse for the prisoners in which human commodities are sadistically kept and where spectrums of inmates range from driftwood juveniles to heroic dissenters.” 

If we talk about women, they have to lead their family before marriage and after marriage according to Hindus. And because of this reason women’s get involved in illegal trade if her husband is not capable to feed their family and because of social pressure she gets involved and convicted for the crime and get prisoned for the whole life. In prison, a woman has to face torture and many more things.

Many times prisons are not safe for women they get sexually abused in the prison. So there is a rule in the Constitution of India that if any woman is convicted for the crime they only get caught by the female police officials and they questioned by the female police. Men are not allowed to detain women in prison. Women are kept in the special prison were only female prisoners can stay no men are allowed in the female prisoners. Because women have the right to personal liberty. And according to this right, women’s safety is very important everywhere as well as in prison.

Women are treated nicely so they can improve themselves and also they are provided with employment so they can lead their family after their release from prison. Women’s release has very high chances. Because they don’t involve in the crime with bad intentions.   

Article 21 of the Indian Constitution and Human Rights

Universal Declaration of Human Rights, Article 21

Human rights include the right to freedom, justice ,and peace in the world. All the members of the family have equal respect and dignity about to with concerning others. No one should be disrespected in the family. Even a new-born has the right to dignity because they are also a Citizen of India. Human right is a universal declaration. Every person has an equal right, either he/she belongs to any community. No person should face caste discrimination. Untouchability is also against the human rights declaration. Caste discrimination is very serious from historic times.

In the past, people get discriminated against because of the lower caste. They are not allowed to live in a society of higher community people. They are not even allowed to work with high caste people. They are considered as the waste material of society. Even after the Human Rights Act came into existence in many villages today also lower caste people are treated in-human and also higher caste people murder them because they are from lower communities. Because many people are not aware of rights that are provided to human beings. 

  • Right to live with Human Dignity

Human dignity includes the economic welfare of the people. The state must promote the welfare of the people by securing and protecting their justice, social, economic and political institutions of life. 

Social justice means making rule of law dynamic. Social justice is very important to the citizens of India. All the citizens have equal rights to justice, even the lower community has full justice to equal opportunities for education, medical health, employment, etc. Equality of opportunity helps them to develop their personalities and help them to participate in happiness to reach the goal in life. Because education is the biggest opportunity for the people to evaluate themselves and also they can improve their personality in speaking, dressing, walking, reacting to other people.

They also get the opportunity to involve in work. Social justice helps people to gain respect in the society. The constitution gives full opportunity to the weaker section of the society in all fields by giving them reservation so they can easily get admission in colleges and so they can complete their education and get employment. The government also gives free education to students who are not capable of sufficient money to spend on education.    

 Maenka Gandhi vs Union of India

Facts of the case:

The right to move in any part of India or Abroad is also the fundamental right of the people. It is also part of the rights of human dignity. “No one can be deprived of this right except according to the procedure established by law”. 

Judgment of the case:

There is no law mentioned in the Constitution of India about the revoking of passport act. According to Article 14, 19(1) (a) and (g) and 21, article 10(3) is getting violative of Fundamental Rights.   

Francis Coraile vs Union Territory of Delhi 

Facts of the case:

This is the case of preventive detention and punitive detention. The petitioner Francis Coraile is detained and arrested and keep him in the Central Jail (Tihar Jail). The petitioner filed a petition in the court for a writ of Habeas Corpus to challenge her detention. 

Judgment of the case:

But the court has rejected her petition and she has to continue in Jail. she treated very harshly, she is not able to meet her lawyer as well as her family. She only allowed meeting her family once a month. Her daughter is only 5 years of age. To  meet her lawyer, she has to interview with District Magistrate Delhi in front of a Customs Officer. After the interview, she doesn’t get the allowance to meet her lawyer and she even doesn’t allow to meet her daughter once a month also.  

Bandhua Mukti Morcha vs Union of India

Facts of the case:

This is the case of Public Interest Litigation Under Article 32 of the Indian Constitution. The PIL was filed directly in the Supreme Court of India to take steps to end the Child Labor in Uttar Pradesh. Because of the State of Bihar, many children get kidnapped and experienced child abuse. They are working in the factories of Bihar. All the children are 14 years of age or less than 14 years. 

Judgment of the case:

During the hearing, the court has discussed the protection of child rights to education, health, and development in ensuring progress as a democracy. The court recognizes that child labor cannot be abolished but we can bring some of the changes in child labor. The court has taken some of the measures to protect the child’s rights of education and health.  

People Union of Democratic Rights vs Union of India

Facts of the case:

The Petitioner has filed the case against the Union of India for the violation of Labor Law in India. The allegations of the petitioner which he put on Union of India:

  1. The workers in Uttar Pradesh and Orissa are getting the minimum wages of only rs 9.25 per day for their work and even they deduct their one rupee for their commission. This is a violation of the minimum wages act.  
  2.  Women get 71rs per day for their work. There is a violation of the Equal Remuneration Act, 1976.
  3. Violation of Article 24 of the constitution. Because children below the age of 14 are getting employed by the contractor to work in the factories. 
  4. Contract Labor Act is also getting violated. 
  5. Regulation of Employment and Conditions of Service Act brought into force for such violations. 

Judgment of the case:

As the rights of the labor get violated court has decided to punish the Delhi Administration and Delhi Development Authority and also said that they cannot escape. 

The State of Maharashtra vs. Chandrabhan

Facts of the case:

The petitioner Chandrabhan Tale, Vithoba ,and Baban all are convicted for different cases. They are sentenced in the court. Chandrabhan’s bail is still pending and he is released for the appeal filed in the High Court. 

Judgment of the case:

The High Court has accepted the bail of Chandrabhan give the order to release not to be lodged him in the prison. 

Right against sexual Harassment at workplace

The Prevention, Prohibition and Redressal Act is passed for the protection of women at the workplace. This act is passed by Lok Sabha of the Indian Parliament. Employment is the right of a woman. Society has a very low perception of women. They always consider men as superior to women so they can’t work as equal to men. So in most working places, people try to harass women sexually and mentally. Because of sex determination in India women has to face sexual harassment at workplace especially in government organization. It is because of natural human behavior and harmless flirtation.

Because of fear of society or family, women do not report the matter to the police or the concerned authorities. It is considered as a violation of Human Rights. The Sexual Harassment of Woman at Workplace Act,2013. Through this act ensures that the government will ensure that they will provide a safe working place for women and build a safe work environment that will respect women’s right to equality and the right to dignity. This will also improve the economic women empowerment and inclusive growth so that they can participate in different types of work.

Case law:

Vishaka vs. the State of Rajasthan 

Facts of the case:

It is a case of sexual harassment at the workplace. One of the social activists who tried to stop the marriage of Vishaka because she was an infant and she is not in the age of marriage. Because of this the 5 family members of Vishaka including her husband raped her. And also she was taken to the police station for the encounter. The female police tortured her whole midnight and also in the morning one of the police also said her to leave her lehenga in the police station for the evidence. Then she filed a case against sexual harassment in the High court. 

Judgment of the case:

High Court has observed gang rape of Vishaka and gives the judgment that under article 14(2), 19(3)(1)(g) and 21(4) of the constitution of India that every profession, trade or occupation should provide a safe working environment for women employee.      

Apparel export promotion council vs A.K Chopra

Facts of the case:

When the petitioner filed the case against the defendant. The inquiry has started and the Enquiry officer concludes that miss X was molested by one of the people who belong to the business center. 

Judgment of the case:

The disciplinary authority gave the order to remove the defendant from the work and filed against him in the case and prove him guilty of such offense. The defendant has challenged in court against the judgment of the court. He is taken in the 34th meeting of the staff committee to prove that he is alleged or not.    

Right against Rape

Meaning and concept of Rape:

Rape is a sexual activity which is done without the consent of the woman and it is carried out forcefully by threating her and give an injury against her consent. This happens because of mental illness, mental deficiency, intoxication, unconsciousness, or deception of males. Male is accused of rape cases. Rape is the fourth most convicted crime in India. Madhya Pradesh, Mumbai, Delhi has the highest crime rate record of rape. Mostly 18-35 years of women are the victims of rape in India. 

There were 10 reasons why rape is convicted every day in India.

  1. Less female police in India: Women don’t get a chance to do patrol duty. If they get a chance to work in the police, they are provided with other duties. In India, women don’t involve in this work generally. Because society doesn’t give them the chance to prove themselves as a protector so they can protect our country from rape. In 161 districts there was only one station police officer who is female. And the only female official can’t stop the rape of the whole country. If we see every day many rape cases are filed in the police station but nothing happens. It affects the life of the women who are the rape victims. Generally, women hesitate to share their incidents with male police officials or with anyone else. That is the reason India has the highest number of rape in India. Female police officials are seriously needed in our country for the protection of women.  
  2. Not enough actual police who are seriously involved in protecting the citizens: Many police officials are just for the money they aren’t serious or dedicated to our country. Police stations are also not safe for women nowadays. Police also become rape convicts for their needs. It is very important to first develop our protector who is employed or studied to protect our country not to make our country a rapist country. This has also become a very serious issue in our country. Female police officials are seriously needed for our country.   
  3. Because of provocative clothing: Generally, in India, society provokes clothing of girls and women. As our Indian Society generally people blame women every time for rape because they think because of the clothing issue they are facing rape. In some workplaces, women have to wear extra short clothes as their company demands. Then also people blame women for rape because of clothes. But clothes are not an issue as I think. Because kids who are in the age of 2-5 they are also becoming the rape convict. And their rape convicts are their family members, not anyone else. Even old age women are two are facing rape at late night in the road. Clothes are never a matter for rape. Because of the mental illness of male they commit rape every day.    
  4. Acceptance of domestic violence by women: Women are facing rape domestic violence in the case of marriage. Women’s marriage is caused by their consent in many families. And after marriage, they have to face domestic violence by their husband or maternal families. This domestic violence generally caused due to dowry. In the case of marriage, husband tries to do sex with their wives without her consent. They force them to do so every time. This is also considered as rape. Because without consent of both the person sex cannot happen it is considered as marital rape even in married life. Because it is the personal right of women. They can choose whether they want to be involved with their husbands or not. But women do not complain against her husband because of their family because of society. Because it harms their society and husband. This domestic violence becomes rape because of non-acceptance.   
  5. Lack of Public safety: Public places are not safe for women, especially at night. Because rape is mostly convicted at night only. In many workplaces, women have to work late at night in private companies. They have to go alone to their homes at midnight. No autos are available at night. Generally, women have to travel by bus at night because only buses roam all day and night. And they are toxicant at night. Because of the toxicity, they try to rape women because they are not in the state of mind. Even cabs or auto are also not safe nowadays. Specially in Delhi. In Delhi, most of the rape cases are filed every year. Delhi is also considered as the rape capital of India. 
  6. Encouraging rape victims to Compromise: Womenare the victims of rape they have to compromise and they are a force not to go to the police or fight against the rape victim. They are forced by their families and societies because of the image of the family. They think if they go to the police or try to fight with rapist their lives will be destroyed. And no one accepts them in society. Many girls and women facing many bad circumstances because of rape. Every person always blames women for rape. No one tries to help them to fight against rape convict. And because of this, most women commit suicide to avoid society.  
  7. A sluggish court system: India has very fewer lawyers for this type of case. Every year many cases filed in courts but very few have got justice for the rape. Maximum rape cases are filed are pending for so many years.  
  8. Few convictions: The conviction rate of India is 26 percent. 
  9. The low status of women: Maximum time women who face rape are of low community in Indian society.
  10.  Marriage: This is also the reason why a woman or her family don’t complaint related to rape. Because they think if anyone knows about it then no one accepts her as her wife or daughter in law. Parents have to feed their daughter’s lifetime and social acceptance. A maximum time woman has to marry the rapist who raped her to hide the hold the image in the society. This destroys the life of the victim. And if we see in the court, there were thousands of rape cases registered in the court and pending for many years. Even family leave hope of getting justice and rapist get freedom.   

   Sexual Violence has Long-Term Effects on Victims. 

  1.  94% of women are facing post-traumatic stress because of rape for two weeks.
  2. 30% of women report about PSTD after 9 months of rape. 
  3. 33% commit suicide because of rape.
  4. 70% of women face severe distress because of sexual harassment and rape. 

Peoples are convicted of rape are getting addicted to drugs.

  1. 3.4 times started using marijuana
  2. 6 times started using cocaine.
  3. 10 times started using other major drugs. 

Bodhisattva Godhwa  vs. Subhra Chakraborty

Facts of the case:

The petitioner is the professor of the college. And the defendant is the student of that college. One day the petitioner visits the defendant’s house to meet her and promises her to marry her and involved with her and after that when she asked him to marry her, he just ignored her and always says that his family wants him in the govt.

Services before marriage. And sexual contact continues for many days and the defendant got pregnant twice and aborted her baby twice and then also continues her relationship. And then they got married secretly and he accepted her as her legal wife. But after whenever she gets pregnant he always aborted her baby. The complaint was filed against him. He filed a returned case. 

Judgment of the case:

But his suit gets rejected by the court.  

Right to reputation 

  • Meaning and nature of the right to reputation.

Right to Reputation is the part of Freedom of Speech and Expression as fundamental rights of the Indian Constitution. It is the part of Article 21 and 19(2) of the Constitution. Because the right to reputation is correlated with the freedom of speech and expression, it is the reason for harm of reputation. People have a full right to speak in front of anyone so many times they don’t before speaking in front of any person, they just express their feelings in words it may cause to harm of reputation.

To maintain or balance the right citizens don’t have to interfere in others’ lives because it violates the fundamental rights of the citizen. It harms the dignity and reputation. For harming the reputation in public, that person has to give compensation for the violation of rights. A person cannot be held liable for slanderous or libelous- statements because it is not a criminal offence.

Media is a wide-ranging coverage who helps to explore the news and advertisements. Many times they are held liable for the harm of the reputation of citizens. A journalist covers the news of every person as well as leaders of the country like politicians, business persons. They cover all their personal as well as professional information and make a piece of news. Many times they intentionally make news to harm the reputation of celebrities or politicians. 

  • Harm to Reputation 

Any defamatory statement can harm a professional reputation. If someone made a statement about your business that you are a local business person to prove that you are dishonest to the public. It can cause your customer. Reputation can be harmed in any way. If anyone tells any bad statement about you in front of anyone.

It destroys your image. Many people commit suicide because of their reputation. There were many cases filed for the cause of harm to reputation. Even if any person shows your bad things or some small silly things it can destroy the image of the people. Because of this, many people lost their jobs from the company.  

  • When Harm is presumed

The statement which is used in a normal conversation can also presume the harm of the reputation. Any statement which is used for accusing another person of sexual misconduct or of having a sexually transmitted disease. If someone is accused of committing a crime can harm professional or personal reputation. It is also considered as defamatory. If someone in public says about any person that he/she is a racist it can cause a strong reaction. 

  • Financial Harm

If you face loss in business or if you lose your business because of someone’s defamatory statement about your business or your personal life it can harm your financial reputation.  

  • Mental or Physical Anguish

The harm which is caused by victims related to health problems like insomnia, depression, and anxiety, physical ailments. 

State of UP v Mohammad Naim

Facts of the case:

The high court directed an investigation to the investigating officer to know why this complaint filed against him. Police force apologies in front of the court for wrongly alleging him in the court. Court has accepted the apology but puts some of the remarks against the police force.  

Judgment of the case:

The High Court gives the remark for this case by saying that:

“If judges felt with some efforts that they can clear the Augean stable, which is the police force and said that I would not hesitate to wage a war single-handed because single-handed is lawless group in the whole country whose record of crimes comes anywhere near the record of the organised unit which is known as Indian police force” 

State of Bihar v Lal Krishan Advani

Facts of the case:

This is a very serious matter of death and injuries in the state of Bihar in the Bhagalpur District. This is a communal right which creates death and injuries in the Bhagalpur District.

Judgment of the case:

 It is a matter of concern in the state of Bihar for the Bihar State Government. The state government decided to put inquiry into this matter to the Commission of Enquiry under Section 3 of the Inquiry Act.  

Smt Kiran Bedi v Committee of Inquiry  

Facts of the case:

Police officers and lawyers involved together in an incident is apprehended by the students of a college and handed them to the police for committing an offence within the campus of the college. The magistrate discharged the students and take action against police officials. The report has been submitted by the inquiry officer about the conduct of the police officials. Police officials are filed before the committee under section 5(2)(a). 

Judgment of the case:

The notice is issued by the committee in the High Court Bar Association on behalf of the High Court Bar Association and the Commissioner of police together with the supporting affidavits were filed before the committee. The examination of the police will be held on 16 May 1988. Affidavit and evidence were submitted to the inquiry officers.

Right to livelihood

The right to livelihood is not under Article 21 of the Indian Constitution. It is not the Fundamental Rights of the Indian Constitution. Because already right to life is mentioned under Article 21 of the Indian Constitution. But Right to Livelihood is mentioned under Article 19 and 16 of the Indian Constitution.   

Case law 

Olga v municipal corporation

Facts of the case:

The petitioner has filed a writ petition about the conditions of the shelter they are living in. They said that they are living on the pavements and in the slums in the city. Other petitioners also complained about the condition of their area of Kamraj Nagar, Basti where they live. This case is filed about the conditions of the slums and Basti of Bombay City. they filed a case against the municipal corporation of Bombay about the conditions of Bombay.

Respondents must take some actions related to this issue but they are not even responding in this matter. This case is filed for the violation of Article 32, 19, and 21 of the Indian Constitution. Because this is the duty of the government to protect the rights of the citizen of India. 

Judgment of the case:

The court has given a decision that all the pavement dwellers and the slum or busty dwellers in the city of Bombay will be evicted forcibly and deported to their respective places of origin or removed to places outside the city of Bombay.     

D.T.C v D.T.C mazdoor congress

Facts of the case:

The Writ Petition is filed for the condition of the Delhi road transport. And also allegation put on the authority that they are not working properly on road development, not performing their duties properly in case of road development. After the Writ petition filed many of the employees of the authority has to resign from their job as they are not performing their jobs. Then the three respondents filed a writ petition in the High Court challenging the Constitutional Validity of Regulation 9(b), which gave the management right to terminate the services of an employee by giving one month notice or pay in lieu thereof. 

Judgment of the case:

It is a violation of Article 14 of the Indian Constitution.      

Chameli singh v state of UP

Facts of the case:

The land which the petitioner owned is not the agriculture land and it is not amended by the U.P state legislation who provides power to take possession of the case lands and waste lands or arable lands where the land is acquired for the sanitary improvements for the development of society in a planned manner. The state government is empowered to give the possession of the land to the Dalits, a building houses. The appellant has challenged the validity. 

Judgment of the case:

The three contentions put by the division bench, the first contention is that our land is not a waste of arable land, secondly, there is no urgency to the Dalits for the possession of the land. Third contention is that property is the only source of their livelihood. They have no other work for feeding themselves. 

M.J. Sivani v state of Karnataka

Facts of the case:

The petitioner has filed a petition for the license of Video Games requires to be regulated under the Mysore Police Act, 1963. 

Judgment of the case:

The petitioner has got the permission of video games and ordered her to get a license to play video games.

Right to shelter

The shelter is important because it helps humans to grow physically and mentally. It is not for the protection of life but it is for adequate life, space, safety, sufficient light, pure air and water, electricity, sanitation, etc. 

The right to shelter is an important component of the right to life under the Indian Constitution. Because if a person has a life then they need shelter because without shelter no can survive in this world. The shelter is defined as the home where human beings live. Even animals, as well as birds, need shelter to live, they also can’t survive without shelter. The shelter provides us food, water, sunlight, etc. and without all this, we can’t survive.

It helps us develop ourselves. The weaker section of our society such as Dalits, SC or ST who have no shelter to live they have to live in the huts which are made on the roadsides. Cases were coming related to the weaker section of the society that they are dying because of no proper shelter. They don’t get proper food or water. They even have to stand in lines to collect water for their daily needs and drinking. They have so many children who are crying all the time for food. They have to work in fields or on the roadside by holding their child.

They are getting so much affected. Because of the caste issue, no one is ready to give them jobs, Because they are not even educated so they can get the job or they can’t get involved in any type of work because of their less education and lower caste. They are helpless in every condition.

In the case of Chameli Singh vs State Of U.P.

It is the case that is concerning the allotment of land or flats to the weaker sections of the society. The Right to shelter is the Fundamental Right of every citizen of India. So the Government must provide them shelter, proper food, and water. The government has enacted the Slum Areas Improvement and Clearance Act of 1956. Citizens have to change their minds related to caste so the lower caste can also explore themselves.

Chameli Singh v state of UP

Facts of the case:

The land which the petitioner owned is not the agriculture land and it is not amended by the U.P state legislation who provides power to take possession of the case lands and wastelands or arable lands where the land is acquired for the sanitary improvements for the development of society in a planned manner. The state government is empowered to give the possession of the land to the Dalits, a building houses. The appellant has challenged the validity. 

Judgment of the case:

The three contentions put by the division bench, the first contention is that our land is not a waste of arable land, secondly, there is no urgency to the Dalits for the possession of the land. Third contention is that property is the only source of their livelihood. They have no other work for feeding themselves. 

Right to social security and protection of family

  • Meaning of Social Security 

Social Security means the security of the citizen of India. Security can be of many types like unemployment, maternity, accident, illness, disability, old age or other such life. State guarantees protection to everyone. It promotes the welfare of the people by securing and protecting them in the social order, social, economic, and political.

Features of the right to social security and protection of families.

  1. Availability: the insecurity of the state is required for the social security system and provides benefits for the relevant impact on livelihood.  
  2. Social risk and contingencies: social security provides coverage for health care, sickness, old age, unemployment, injury, family, and child support, maternity, disability, survivors and orphans.
  3. Adequacy: some benefits and arrangements are done for the protection of family and to provide them an adequate standard of living and adequate access to health care. When a person is involved in social security he might lack in earnings, paid contributions and the amount of relevant benefit. 
  4. Accessibility: it has five elements that are directly accessible to social security. The key elements are coverage, eligibility, affordability, participation and information and physical access. There are two types of schemes one is a non-contributory scheme which is necessary for ensuring universal coverage.   

Right to health

The Right to health is a public interest. It is guaranteed under the Fundamental Rights of the Indian Constitution. It is also the part of the Right to Life. Health should be maintained. If we don’t take care of our health if we cannot survive. Our body parts can get damaged due to some of the diseases. There were several private and public hospitals for health treatment. Hospitals provide us health facilities for our treatment.

Doctor and patient relationships are very important for the right of health. Because if any person gets sick he/she has to go to the doctor only for their treatment. But if we talk about the conditions of the hospital, government hospitals cost very low for the treatment but the conditions of the government hospitals are very bad.

Hospitals are very unhygienic and in very bad condition, especially in Bihar and Jharkhand. Private Hospitals are very costly with full facilities available. Weaker sections of society cannot afford private hospitals because of the high amount of treatment. And the condition of government hospital is so bad their treatments are done correctly. The right to health implies that every person can get appropriate conditions for the enjoyment of health without any discrimination. 

  • Violations of Human Rights in Health. 

Attention is very important in the case of health. If we ignore our health problems we will cause by some severe diseases which cannot be cured if it comes at the last stage. Every disease is to be cured at the very first stage of life. The people who are suffering from disabilities, indigenous populations, a woman living with HIV, sex workers, people who use drugs, transgenders, and intersex people contribute and exacerbate poor health. This is also a violation of Human Rights in Health.

The world health organization is the biggest organization for the health rights of human beings as a fundamental right of every human being. Health care is always affordable and cheap so everyone can take care of health and everyone gets the opportunity to gain the health facilities in the hospitals and nursing homes. Water, food, housing, should be maintained so that no one caused health diseases. All appropriate conditions are taken to maintain the health and there should no discrimination. A Doctor must have the freedom to control the body of the patient to cure diseases and health-related problems. 

  • Approach to human rights related to health. 

Some of the approaches is done for the human rights to provide health facilities settings is done to evaluate health policy and service delivery which mainly targets for practices which are the heart of health outcomes. Programmes related to health are performed for the enjoyment of all people to the right to health.

  • Principles of human rights for the health policy

There are three types of principles:

  1. Accountability: Accountability means duties which are performed for the human rights for the health policies. Movements are also establishing to perform for the right of human health. For evaluating the health policies for human rights different types of events and movements are organized to maintain the health rights of human beings. From this type of event, people get entertained and become happy. And being happy is the most useful to keep human beings healthy and strong in every sense.  
  2. Equality and non-discrimination: This principle is exercised to remove discrimination which is done based on race, caste, creed, religion, color, sex, etc. mostly in small towns or villages people do discrimination with the person who is suffering from HIV, Aids or mental disease. They try to distance from them. Most people abuse those persons who are mentally ill. They don’t allow their family members to talk to them or meet them or even roam around them. The World Health Organization is the biggest principle which is formed to fight against discrimination related to health services. 
  3. Participation: Participation means all the persons who are involved in the program for evaluating health-related issues like all the stakeholders including non-state actors who have ownership of the program and event for the assessment, planning, implementation, monitoring ,and evaluation. 
  • Universal, indivisible and interdependent

Human rights are equal to everyone, it does not do discrimination between anyone they apply to everyone without any distinction. Human rights are the right to food, the right to health, the right to education, free from torture, etc. 

  • Core elements and components of a right to health 

There are two types of core elements of health: 

  1. Progress the realization to use the resources: This means the government is taking some important measures for the fulfillment of the rights of human beings. The Government, as well as our Judicial system, has taken some of the measures for the development of the state so that every human being can live a safe and healthy life.     
  2. Non-decreasing measures: Non-retrogressive measures cannot be taken in every situation. It is only valid in some situations like free education to children below the age of 5. Retrogressive measures are not to be taken in case of economic, social, and cultural rights. 
  3. Availability: People have some sufficient need for public health and health care facilities, goods and services for their protection and care of health. Availability includes age, sex, location, and socio-economic status and qualitative surveys to understand our health needs.  
  4. Accessibility: Everyone has access to good health, facilities, goods, and services. Accessibility has four dimensions:
  • Non-discrimination
  • Physical accessibility
  • Economically accessibility
  • Information accessibility  
  1. Acceptability: Respect others related to medical ethics and gender. Acceptance is very important in the case of medical facilities and every sense. Without we accept our problems we can’t fight with our problems.  
  2. Quality: Quality of health facilities should be evaluated scientifically. 

Right to medical care

Every person has the right to medical care as it is mentioned under the fundamental rights in the Constitution of India. And the very important part is doctor-patient relations. Patients right is the basic right or basic rule between medical care and patient. This is the duty of the governmental organizations like hospitals, health care personnel as well as insurance agencies or any payors of medical-related costs has to take care of the patient as their medical issues.

No patient should get discriminated based on sex, colour, creed, and religion. Every patient should be treated equally in all hospitals like in private as well as governmental hospitals. Medical care includes good hygienic food, housing facilities are provided to all human beings so they can live safe. 

Right to Die

The Right to die is a right that totally depends on human beings. In this choice, no one has to get involved to make the decision. This decision all depends on the illness of a person like mental or physical illness. The right to die means a human being is entitled to end their life in any circumstances or can go under voluntary euthanasia.

But forcefull suicide does not come under the right to die. Because many times people have to commit suicide because of mental pressure because of someone in case family pressure or because of love life or because of any situation.

In those days youth suicide is increasing day by day because of study pressure and because of their family pressure because their family pressurizing their child for good marks from the very beginning of their school life. Because of so much high mental pressure, they are not able to focus on their studies so they aren’t able to score marks in their exams. 

There is data on youth suicide in India.

2016- 230,314 The number of suicide increased. 

Suicide is very common for this age 15-29 years and 15-39 years. 

People die every year- 800,000

If we see the total residents of India is only 135,000 means 17%.

In the year 1987-2007, the suicide rate is increased from 7.9 to 10.3 per 100,000 with the highest suicide in Southern and Eastern states of India. 

Tamil Nadu – 12.5%

Maharashtra- 11.9%

West Bengal- 11.0%

2012- Kerala and Tamil Nadu have the highest suicide rates. 100,000 have committed suicide. 

Mens- 100,000, 16.4%

Women- 25.8% 

Reasons for Suicide in India 

 

Causes 

No. of People

Marriage 

6,773

Non-settlement of Marriage

1096

Dowry 

2261

Extramarital affairs

476

Divorce 

333

Others 

2607

Failure in exams 

2403

Impotency 

332

Family problems 

28,602

illness

23,746

AIDS

233

Cancer 

582

Paralysis

408

Insanity 

7,104

 

 

Prolonged illness

15,419

Death of dear person

981

Drug abuse

3647

Fall in social reputation

490

Ideological causes

56

Worshipping 

56

Love affairs

4,168

Poverty 

1699

Unemployment 

2207

Property dispute

Suspected  

1067

458

 

  • Reason for youth Suicide in India

India has the highest suicidal rate. If we see the suicide rate of youth which is 35.5 per 100,000. It is increasing every year. Parents are the biggest reason for the suicide of youth. Because today’s parents are very conscious of their children in case of study they think that if we don’t pressurize our children they are not able to score good marks in the exam but this is the biggest mistake of parents.

Everyone needs some space in their life for their improvement. If they are allowed to live their lives by their own choice in some limits. Because everyone has the right to live their life with full freedom. There are more reasons for the suicide which is academic pressure, workplace stress, social pressures, modernisation of urban centers, the relationship these are also very serious issues for the youth suicide.   

Factors include which is the reason for suicide

  1. Mental health disorder (disorder)
  2. Previous Suicide Attempts
  3. Abuse 
  4. Burden 
  5. Family pressure
  6. Financial problem
  • How suicide can be prevented 

In India suicide is attempted every 40 seconds. The very first and foremost prevention is to bring some resources to maintain mental health. We must speak to advocates and must discuss this issue in front of everyone so we can work on this issue. First, our parents have to change and understand the mental issue of children they are facing nowadays. If they try to work on these issues so we can prevent suicide.

Right to work under article 21 of Indian constitution

Right to work is important because it is an effective way of development, make effective provision for securing the right to education and public assistance in cases of unemployment, old age, sickness, and disablement. The Right to work is defined under article 41 of the Indian Constitution. And under Article 43 of the Indian Constitution mention about the welfare of the people.

The welfare of the state means to secure a living wage and a living standard to all the workers. Under article 38 and 40 states must put some effort into the people so they can put all their capacity in their work so they earn fairly for their living. They can work upon their own choice there is no restriction in choosing their field of work.    

Violation of article 21 of Indian constitution

The violations of human rights mean if any citizen rights get violated which is a fundamental right of the Indian citizen then it is considered as a violation of Article 21 of the Indian Constitution.  

Rights are violated in many forms:

  • Harassment 

When women’s get harassed at the workplace or a public place or home or anywhere else it is a violation of the fundamental right of women. Women’s fundamental rights get violated every day anywhere in any form. They have to face many problems and even her  society doesn’t listen to her in this case they blame women for harassment caused daily. Many women don’t even speak about this in front of anyone and continue to face this type of problem. To protect women government has some major prevention to protect women from violating their fundamental rights. 

Death by hanging not violative of article 21

This is declared by the apex court that death by hanging is not violative of Article 21 of the Indian constitution. Because if a person has committed any crime and violated the fundamental rights of the citizen, he is not liable for any fundamental right. So hanging is not violative of fundamental rights. The Supreme Court held that public hanging “even if permitted, under the rules would violate Article 21 of the Indian Constitution being barbaric, disgraceful as seen in any civilized society”.. Death penalty is given only if any deterrent crime is committed by the criminal.

The criminal will get 20 years of life imprisonment and in case he doesn’t get changed he is given the death penalty. “One of the reports which are made in the year 1960 which is made by Great Britain has mentioned this line “we were impressed by the argument than the greatest deterrent to crime is not the fear of punishment but the certainty of detection”. Each court has the hanging judges who give decisions related to the death penalty to the prisoners. The error of judgment is not ruled in case of the death penalty. In the Rajiv Gandhi case, 26 criminals got the death penalty for the crime.

Through education, we get to know that poor persons mostly get the death penalty for the crime. In many international Countries, death penalties get abolished for Human Rights. And the Indian Constitution protects the Human Rights of the Indian Citizen.

Right against public hanging

Lichma Devi Case

Judgment of the case:

it is held that the death sentence is unconstitutional and violative of Article 21 of the Indian Constitution. Death by public hanging is considered as the barbaric practice in India. 

Right against Sexual Harassment 

Vishaka vs. the State of Rajasthan 

Facts of the case:

It is sexual harassment at workplace cases. One of the social activists who tried to stop the marriage of Vishaka because she was an infant and she is not in the age of marriage. Because of this the 5 family members of the Vishaka including her husband raped her. And also she is taken to the police station for the encounter.

The female police torture her whole midnight and also in the morning one of the police has also said her to leave her lehenga in the police station for the evidence. Then she filed a case against sexual harassment in the High court. 

Judgment of the case:

High Court has observed gang rape of Vishaka and gives the judgment that under article 14(2), 19(3)(1)(g) and 21(4) of the constitution of India that every profession, trade or occupation should provide a safe working environment for women employee.      

Apparel export promotion council vs A.K Chopra

Facts of the case:

When the petitioner filed the case against the defendant. The inquiry has started and the Enquiry officer concludes that miss X was molested by one of the people who belong to the business center. 

Judgment of the case:

The disciplinary authority has given the order to remove the defendant from the work and filed against him in the case and prove him guilty of such offense. The defendant has challenged in court against the judgment of the court. He is taken in the 34th meeting of the staff committee to prove that he is alleged or not.

Right against Rape 

Bodhisattva Godhwa  vs. Subhra Chakraborty

Facts of the case:

The petitioner is the professor of the college. And the defendant is the student of that college. One day the petitioner visits the defendant’s house to meet her and promises her to marry her and involved with her and after that when she asked him to marry her, he just ignored her and always says that his family wants him in the govt.

Services before marriage. And sexual contact continues for many days and the defendant got pregnant twice and aborted her baby twice and then also continues her relationship. And then they got married secretly and he accepted her as her legal wife. But after whenever she gets pregnant he always aborted her baby. The complaint was filed against him. He filed a returned case. 

Judgment of the case:

But his suit gets rejected by the court.

Right to Reputation

State of UP v Mohammad Naim

Facts of the case:

The high court directed an investigation to the investigating officer to know why this complaint filed against him. Police force apologies in front of the court for wrongly alleging him in the court. Court has accepted the apology but puts some of the remarks against the police force.  

Judgment of the case:

The remarks of the High Court are: if I had felt that with my lone efforts I could have cleaned this Augean stable, which is   the police force, I  would not have  hesitated to wage this war single-handed. That  there is not,  a single lawless, the group in the whole of the country whose record of crime comes anywhere near the  record of that  organised  unit which is  known as the Indian Police Force. Where  every fish barring perhaps a few stinks, it is idle  to pick out one or two and say  that it stinks.”

State of Bihar v Lal Krishan Advani

Facts of the case:

This is a very serious matter of death and injuries in the state of Bihar in the Bhagalpur District. This is a communal right which creates death and injuries in the Bhagalpur District. It is a matter of concern in the state of Bihar for the Bihar State Government. 

Judgment of the case:

The state government decided to put inquiry into this matter to the Commission of Enquiry under Section 3 of the Inquiry Act.  

Smt Kiran Bedi v Committee of Inquiry  

Facts of the case:

Police officers and lawyers involved together in an incident is apprehended by the students of a college and handed them to the police for committing an offence within the campus of the college. The magistrate discharged the students and take action against police officials. The report has been submitted by the inquiry officer about the conduct of the police officials. Police officials are filed before the committee under section 5(2)(a). 

Judgment of the case:

The notice is issued by the committee in the High Court Bar Association on behalf of the High Court Bar Association and the Commissioner of police together with the supporting affidavits were filed before the committee. The examination of the police will be held on 16 May 1988. Affidavit and evidence were submitted to the inquiry officers. 

Cases on right to livelihood

Case law 

Olga v municipal corporation

Facts of the case:

The petitioner has filed a writ petition about the conditions of the shelter they are living in. They said that they are living on the pavements and in the slums in the city. Other petitioners also complained about the condition of their area of Kamraj Nagar, Basti where they live. This case is filed about the conditions of the slums and Basti of Bombay City. they filed a case against the municipal corporation of Bombay about the conditions of Bombay. Respondents must take some actions related to this issue but they are not even responding in this matter. This case is filed for the violation of Article 32, 19, and 21 of the Indian Constitution. Because this is the duty of the government to protect the rights of the citizen of India. 

Judgment of the case:   

D.T.C v D.T.C mazdoor congress

Facts of the case:

The Writ Petition is filed for the condition of the Delhi road transport. And also allegation put on the authority that they are not working properly on road development, not performing their duties properly in case of road development. After the Writ petition filed many of the employees of the authority has to resign from their job as they are not performing their jobs. Then the three respondents filed a writ petition in the High Court challenging the Constitutional Validity of Regulation 9(b), which gave the management right to terminate the services of an employee by giving one month notice or pay in lieu thereof. It is a violation of Article 14 of the Indian Constitution.

Judgment of the case:

Chameli Singh v the State of UP

Facts of the case:

The land which the petitioner owned is not the agriculture land and it is not amended by the U.P state legislation who provides power to take possession of the case lands and waste lands or arable lands where the land is acquired for the sanitary improvements for the development of society in a planned manner. The state government is empowered to give the possession of the land to the Dalits, a building houses. The appellant has challenged the validity and put three contentions in front of the court that our land is not a waste of arable land, secondly, there is no urgency to the Dalits for the possession of the land. The Third contention is that property is the only source of their livelihood. They have no other work for feeding themselves. 

M.J. Sivani v State of Karnataka

Facts of the case:

The petitioner has filed a petition for the license of Video Games requires to be regulated under the Mysore Police Act, 1963. 

Judgment of the case:

The petitioner has got the permission of video games and ordered her to get a license to play video games.  

 Right to shelter

Chameli v state of UP

Facts of the case:

The land which the petitioner owned is not the agriculture land and it is not amended by the U.P state legislation who provides power to take possession of the case lands and wastelands or arable lands where the land is acquired for the sanitary improvements for the development of society in a planned manner. The state government is empowered to give the possession of the land to the Dalits, a building houses.  The appellant has challenged the validity. 

Judgment of the case:

The three contentions put by the division bench, the first contention is that our land is not a waste of arable land, secondly, there is no urgency to the Dalits for the possession of the land. Third contention is that property is the only source of their livelihood. They have no other work for feeding themselves.

Shantistar Builders  v Narayan Khimlal Totame

Facts of the case:

The Respondent files a petition challenging the Shantistar builders in respect of construction related to the rate of the building. His main aim to change government policy. 

Judgment of the case:

The high court has rejected the petition because the respondent tried to change the government policy. The court has dismissed the petition. By the order of the High Court petitioner has challenged the respondent.  

Right to social security

N.H.R.C v State of Arunachal Pradesh

Facts of the case:

The National Human Rights Commission has filed a writ petition against the state of Arunachal Pradesh challenging that the citizen of Arunachal Pradesh is prosecuting the tribals of Arunachal Pradesh. This petition is filed for the violation of Article 21 of the Indian Constitution. There were a total of 65000 Chakma tribals in Arunachal Pradesh. More facts came around that a large number of Chakmas from Pakistan and Bangladesh are removed from Kaptai Hydel Power Project. After they removed from their work.

They settled in Assam and taken the citizenship of India. The State of Arunachal Pradesh has allotted them some lands and provide 4,200/- per family. The Chakmas has submitted his report of citizenship that they previously submitted to the Arunachal Pradesh Police officials for their Citizenship under the Citizenship Act, 1955. But they have not got any reply from the Commissioner. And the relation between Chakmas and Arunachal Pradesh has deteriorated. NHRC put this issue and issue a letter to the Chief Secretary of Arunachal Pradesh and Home Secretary and Government of India to enquire about this issue. 

Judgment of the case:

The first reply came from the Chief Secretary of Arunachal Pradesh stating that our Police officials will give protection to the Chakmas.    

Right to health 

Case laws: 

Municipal Council, Ratlam vs Shri Vardhichand & Ors.

Facts of the case:

The petitioner is prosecuted by the petitioner related to not clearing the garbage from society. Because garbage can cause diseases that can affect every citizen of the state. But the petitioner has filed the plea saying that we don’t have money. 

Judgment of the case:

But the Supreme court has rejected the petition of the petitioner. And give the decision in favour of the defendant that steps must be taken for the improvement of the health of the public. It is very important for public safety. 

C.E.S.C. Ltd. Etc vs Subhash Chandra Bose And Ors.

Judgment of the case:

In this case, the Supreme Court ordered that the Right to health is a Fundamental Right and it cannot be violated. Health is protected in every case not in case sickness only. And Medical care is valid for every citizen of the state. Even weaker sections of society have a right to medical care. They are eligible to get all the facilities regarding health. So they can live their life safe and happy. 

Mahendra Pratap Singh vs State Of Orissa And Ors.

Facts of the case:

The petitioner has filed the case for the effective measures to be taken to run the Primary Health Center at Pachhikote in the District of Jaipur. For providing all the facilities to the health center for the local people. 

Judgment of the case:

The court issued the order relating to this matter that in every District there should be hospitals and primary health centers for the people’s health and care.    

Right to die

Common Cause (A Regd. Society) vs Union Of India

Facts of the case:

 The petitioner has filed the case for legalizing the living will under Article 32 of the Indian Constitution. The petitioner also wrote a letter to the Ministry of Law and Justice about this issue regarding concerning with the living will. But the petitioner has got no response from the Government of India related to this issue. 

Judgment of the case:

The Supreme Court has put the decision into it that Right to Die is the Fundamental Right under Article 21 of the Indian Constitution. The court held some regard to the patient that medical treatment is necessary for any of the ill-treatment before you think of dying. Because Euthanasia suicide is unlawful in India means you cannot commit suicide because of any ill-treatment.  

 Right to work 

Bandhua Mukti Morcha vs Union Of India & Others

Facts of the case:

This case is filed to stop the child labor under Article 32 of the Indian Constitution to the State of Uttar Pradesh because some children get kidnapped from the State of Bihar and brings to Uttar Pradesh for the Child Labor and involve them in factory works. The children are of less than 14 years and also that children are facing child abuse in Uttar Pradesh during the work. This is the case that violates the Right and Protection of Child Rights.

Judgment of the case:

 The Supreme Court has discussed the protection of child rights and the right to education. But automatically we cannot abolish child labor because of a lot of work. But we can take some steps related to child abuse which is happening in Uttar Pradesh. The court held that the children should get some facilities and provide them education as well as food to them so they can stay healthy to work in the factories. And also take care of them so that they can stay safe.  

Sodan Singh v New Delhi municipal committee

Facts of the case

The petitioner has filed a writ petition against Municipal Committee because their right of trading business gets violated. They do business on the pavement of the roads in certain areas in the city of Delhi. And also claim that they were not so rich and this is the only way of their income. 

Judgment of the case

But Delhi High Court dismissed their petition. But according to Article 19(g), everyone has the right to trade and business in any area. But according to Delhi Municipal Corporation Act, 1957 has the right to permit Hawkers and Squatters on the sidewalks. 

Secretary, State of Karnataka v Umadevi

Facts of the case:

The respondent works as an employee in the Commercial taxes Department. Her work is related to the daily wages in some of the districts of the State of Karnataka. She claimed that she has been working for 10 years. And claimed that she should get all the facilities of the regular employee of the Department. She approached Administrative Tribunal with all her claims. 

Judgment of the case:

But the Administrative Tribunal rejected her claim saying that she has no right to get equal wages as a regular employee or for regularization. Then she again filed a petition in the high court of Karnataka challenging the decision of the Administrative Tribunal. The high court has accepted the claim and order to give equal wages to her as a regular employee.     

Violation of article 21

Mansing Surajsingh Padvi vs The State Of Maharashtra

 Judgment of the case:

This appeal is filed against the judgment of the Bombay High Court which is issued by the Government of Maharashtra in exercise of the powers under sub-para (1) of the Para 5 of the Fifth Schedule to the Constitution and the West Khandesh Mehwassi Estate Regulation, 1961 issued by the Governor of Maharashtra under sub-para (2) of para (5) of the Fifth Schedule of the Constitution.The fundamental right of the respondent is violated by the High Court.   

K.P Hussain Reddy And Ors. vs Executive Engineer

Facts of the case:

The petitioner filed the case related to the compensation is not paid by the respondent. The petitioner gives the letter to the requesting the respondent to pay the amount of 4,67,622 for land acquisition charges. But the respondent failed to pay the amount. 

Judgment of the case:

The court issued a notice to the defendant for the land amount. In  March, the court dismissed the petition saying that in the matter of land acquisition proceeding will be completed within six months.  

Conclusion 

At last, I conclude that the right to life is the fundamental right of every citizen of India. And fundamental rights cannot be violated by anyone. If anyone’s fundamental right gets violated by any public official or government official then that person can file a petition in the Supreme court. Article 21 of the Indian Constitution is going from the past period from the time of the Magna Carta period. Firstly our Indian Constitution is under Magna Carta. That time Judiciary has a limited role in the Constitution. But in today’s time, the Judiciary has an important role in our Indian Constitution.

The law is implemented by the Indian Judiciary which is mentioned in the Indian Constitution. The Constitution of India makes every person equal who is a citizen of India. All are eligible for each right which is provided by the constitution of India. No person shall be discriminated against based on caste, creed, and religion. Protection of rights is the fundamental duty of the Government of India.   

 

 

Did you find this blog post helpful? Subscribe so that you never miss another post! Just complete this form…

LEAVE A REPLY