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. 

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.    

3. 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  
 4. 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:

 Violations of Human Rights of Prison Inmates – Legal Service India

 Right to Free Legal Aid – Legal Services India
 Right to a Speedy Jury Trial – FindLaw
 Amendment VIII – The United States Constitution
 Article 6: Right to a fair trial | Equality and Human Rights Commission
 Custodial violence | ABDUL AZEES SIRAJUDEEN – Academia.edu
  Prisoners right
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
1067
458
Suspected

 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.