4/16/2019

Presented by: Dr. Atmaram Shelke

21. Protection of life and personal liberty:

No person shall be deprived of his life or
personal liberty except according to procedure
established by law

1) No person…
2) life or personal liberty…
3) Procedure established by law

1
 4/16/2019

1) Article -21—procedure..fair, just,

reasonable.

2) life-with human dignity

3) Reading –Art.
Art. 19, 14, 21

SC- Art. 14, 19, 21- not mutually exclusive –

but they- “sustain,
sustain, strengthens and nourish
each other”- T.V. Vatheeswaran v. T.N.

Arrest-
Arrest
Joginder v. State of U.P. AIR 1994 SC 1349
-Direction
Direction related to arrest
Arrest can be incalculable harm to a person’s reputation and self-
self-esteem

Arrest..not
Arrest not merely on suspicion but after

-a reasonable satisfaction reached after some investigation as to

genuine-
genuine and bona fides –of the complaint

And reasonable belief as to the person’s complicity and even as to need

to effect arrest.
arrest

-Right
Right –relatives/friend
relatives/friend –informed…arrest
arrest and place…consult lawyer

D.K. Basu vs. State of West Bengal (1997) AIR 1997 SC 610)
610 –guidelines

2
 4/16/2019

Right of Fair Trial & Speedy Trial:

Trial

Hussainara Khatoon v. Home Secretary , of State of Bihar (I) AIR

1979 SC 1360

-Fair
Fair trial – ‘It is implicit in
i the broad sweep and content of Art.
21”
21

Fair trial implies a speedy trial for determination of guilt.

guilt
“No procedure which does not ensure a reasonably quick trial
can regarded as –reasonable, fair, just and it would fall foul of
Art. 21”

Abdul Rehman Antulay v. R.S. Naik AIR 1992 SC 1701

Right to speedy trial-
trial all stages-
stages investigation, inquiry, appeal ,
revision and re-
re-trial

Right to bail-
bail
(Hussainara
Hussainara Khatoon v. Bihar (1980) 1 SC 93-
Long term –pre-
pre-trial detention –unsatisfactory
unsatisfactory and
irrational rules of bail…
bail ..poor
poor)
poor

Babu Singh v. State of UP AIR 1978 SC 527

Imposing unjust or harsh conditions,
conditions while granting bail is
violative of Art. 21

Free legal Aid-

Aid
H.M. Hoskot v. State of Maharashtra AIR 1978 SC 1548
Hussainara Khatoon v. Bihar (1980) 1 SC 93-
Bhagwati…Procedure
Bhagwati Procedure does not make available legal
services to accused ..poor
poor…cannot
poor be regarded as ‘fair,
just and reasonable’ (Legal Services Authorities Act)

3
 4/16/2019

Handcuffing –Under –Trials:

Prem Shankar v. Delhi Administration
- Handcuffing –unless – ‘clear and present danger to escape’

Prison Administration and Art. 21

-Right against solitary confinement

Sunil Batra (no. 1) v. Delhi Administration AIR 1978 SC 1575

-Liberty
Liberty-
Liberty- to move, mix, mingle, talk and share company with co-co-
prisoners-
prisoners if substantially curtailed violation -21= unless curtailment –
backed by law

Sunil Batra (no. 2) v. Delhi Administration AIR 1980 SC 1579

-Under –trial
trial with convict-
convict violated test resonableness-19
resonableness 19 and fairness -
21
-Habeas
Habeas corpus

4
 4/16/2019

Right –Human Dignity/ Quality life:

life

Fancis Coralie v. Administrator Union Territory of Delhi AIR

1981 SC 746
… not only animal existence…human
existence human dignity

Bandhua Mukti Morcha v. Union of India-

India-
Characterizing Art. 21 as heart of F.R….
F.R
“to live with dignity,
dignity free from exploitation.
exploitation It includes
protection of health and strength of workers …

…opportunity and facility for children to develop in a

healthy manner
manne and in condition of freedom and dignity,
educational facilities,
facilities, just and human conditions of work
and maternity relief
relief etc…”

Right of education-
education-
Mohini Jain v. State of Karnatka AIR 1992 SC
1858

Unni Krishnan v. AP (1993) 1 SCC 645

****

5
 4/16/2019

Right to livelihood:
Olga Tellis v. Bombay Muncipal Corporation AIR
1986 SC 180

Right to shelter : Chameli Singh v. UP (1996) 2

SCC 549

Right to Privacy :
R. Rajagopal v. State of T. N. (1994) 6 SCC 632
Mr. X. V. Hospital Z AIR 1995 SC 495
* **
*** *****

6
4/16/2019