The following landmark judgments further explain the expanding scope of Article 21 of the Constitution of India. These decisions recognize various facets of the Right to Life and Personal Liberty, including privacy, livelihood, shelter, reproductive choice, legal aid, speedy trial, fair investigation, protection against custodial violence, and other human rights flowing from Article 21.
1. Attorney-General of India v. Lachma Devi (AIR 1986 SC 467)
On Public hangings
Held: Supreme Court held that execution of death sentence by public hanging is violative of Article 21.
2. Aruna Ramchandra Shanbaug v. Union of India (AIR 2011 SC 1290)
Passive euthanasia
Held: Supreme Court held that in certain cases passive euthanasia is allowed.
3. Bachpan Bachao Andolan v. Union of India (AIR 2011 SC 3361)
Child rights
Held: Supreme Court held that sexual, physical and emotional abuse of children detained in circus is violation of Article 21.
4. Deena v. Union of India (1983) 4 SCC 645)
Hanging by rope
Held: Supreme Court held that hanging by rope does not violate Article 21.
5. Gian Kaur v. State of Punjab (1996) 2 SCC 648)
Right to die
Held: Supreme Court held that 'right to life' does not include 'right to die'.
6. Hussainara Khatoon v. State of Bihar (AIR 1979 SC 1369)
Right to speedy trial
Held: Supreme Court held that right to speedy trial is a fundamental right and its implicit in Article 21.
7. Jolly George Varghese v. State Bank of Cochin (AIR 1980 SC 470)
Arrest of judgment debtor
Held: Supreme Court held that arrest and detention of honest judgment debtor, in absence of willful failure to pay despite sufficient means is violative of Article 21.
8. Justice K.S. Puttaswamy (Rtd.) and Anr. v. Union of India and Ors. (AIR 2017 SC 4161)
Right to privacy
Held: Supreme Court held that right to privacy is a fundamental right and it is protected under Article 21. Court overruled M.P. Sharma's case and Kharak Singh's case to the extent they held that right to privacy is not a fundamental right.
9. Justice K.S. Puttaswamy (Rtd.) and Anr. v. Union of India and Ors. ((2019) 1 SCC 1)
Aadhaar held to be constitutional
Held: Supreme Court upheld the constitutional validity of Aadhaar after reading down and striking down certain provisions.
10. Kishore Singh v. State of Rajasthan (AIR 1981 SC 625)
Use of third degree methods
Held: Supreme Court held that use of third degree method by police is violative of Article 21.
11. M.H. Hoskot v. State of Maharashtra (AIR 1978 SC 1548)
Right to free legal aid
Held: Supreme Court held that right to free legal aid is part and parcel of right to life and liberty.
12. Murli S. Deora v. Union of India (AIR 2002 SC 40)
Ban on smoking in public places
Held: Supreme Court directed the government to issue orders banning smoking in public places considering the adverse effect of smoking on non-smokers.
13. National Legal Services Authority v. Union of India (AIR 2014 SC 1863)
Self-determination of gender
Held: Supreme Court held that self-determination of gender is part of personal liberty guaranteed under Article 21.
14. Nilabati Behera v. State of Orissa ((1993) 2 SCC 746)
Custodial torture/death
Held: Supreme Court awarded compensation to the family of deceased who died in police custody due to beating.
15. Niraja Chaudhary v. State of M.P. (AIR 1984 SC 1099)
Bonded labour
Held: Supreme Court held that bonded labour should be identified and rehabilitated.
16. Nirmal Singh Kahlon v. State of Punjab (AIR 2009 SC 984)
Fair investigation
Held: Supreme Court held that fair trial includes fair investigation.
17. Olga Tellis v. Bombay Municipal Corporation (AIR 1986 SC 180)
Right to livelihood
Held: Supreme Court held that right to life include right to livelihood also.
18. Paramanand Katara v. Union of India (AIR 1989 SC 2039)
Right to health
Held: Supreme Court held that all doctors (private or government) are obliged to extend medical assistance to injured immediately without asking for legal formalities.
19. People's Union for Democratic Rights v. Union of India (AIR 1982 SC 1473)
Non-payment of minimum wages
Held: Supreme Court held that non-payment of minimum wages is violation of Article 21.
20. Prem Shankar v. Delhi Administration (AIR 1980 SC 1535)
Right against handcuffing
Held: Supreme Court held that handcuffing is prima facie inhuman, arbitrary and unreasonable. Handcuffing should be resorted to when there is clear and present danger of escape.
21. Ramlila Maidan v. Home Secretary, Union of India ((2012) 5 SCC 1)
Right to sleep
Held: Supreme Court held that right to sleep is a fundamental right as it is biological and essential element of basic necessities of life.
22. Rudal Shah v. State of Bihar ((1983) 4 SCC 141)
Compensation for violation of Article 21
Held: Supreme Court held that courts have power to award compensation in appropriate cases of violation of Article 21.
23. Suchita Srivastava v. Chandigarh Administration (AIR 2010 SC 235)
Reproductive choices
Held: Supreme Court held that right to make reproductive choices (decision to produce child or not) is included in Article 21.
24. Sunil Batra v. Delhi Administration (AIR 1980 SC 1579)
Keeping under-trials with convicts
Held: Supreme Court held that keeping under-trials with convicts in jail offends Article 21.
25. T.V. Vatheeswaran v. State of Tamil Nadu (AIR 1981 SC 643)
Delay in execution of death sentence
Held: Supreme Court held that delay in execution of death sentence is violative of Article 21.
