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NOTES ON FUNDAMENTAL RIGHTS OF THE INDIAN CONSTITUTION PART 4
Article 21:Protection of life and personal liberty –No one shall be deprived of his life or personal liberty except according to procedure established by law.Introduction: Constitution of India is the living constitution. But constitution need amendment with the time and need of the society. Article 21 is one of the article of the constitution which amended many time and interrupt with the needs of the people.Article 21 is the one of the most important provision in India. This article guarantees two basic rights that is Right to life and Right to personal liberty.Article 21 is the most organic and progressive provision of our constitution. After Maneka Gandhi case this article guarantees right to life and personal liberty to citizens against both executive and legislative actions.Article 21 available to ‘citizens’ as well as ‘non-citizens’.Meaning and scope:The literal meaning of this article is that the state cannot take the life and personal liberty of anyone except the law. This article provide protection against the arbitrary actions of the state. It has much wider meaning which includes right to live with dignity, right to livelihood, right to shelter, right to health, right to clean environment etc.In case of A.K. Gopalan v. Union of India[1]. The petitioner, A.K. Gopalan was detained under the prevention detention act ,1950. He challenged the validity of his detention under the act and also said that it can infringe his personal liberty. He also challenged that the act of detention violate his right to freedom of movement under Art. 19 (1) (d).The Supreme court held that the “personal liberty” in article 21 means nothing more than the liberty of the physical body. The court give the interpretation of the word personal liberty and said that the personal liberty may be infringe in two cases physical restraint or coercion.In case of Kharak Singh v. State of U.P.[2]. This case claim for right to privacy. The Supreme court held that that the word ‘personal liberty’ is not only limited to bodily restrain or confinement to prison. The term life is more that the mere animal existence. If any unauthorized public disturbance may occur, it may consider as violation of privacy. This term personal liberty is used as a compendious term which include all the varieties of rights within itself. In case of Maneka Gandhi v. Union of India[3]. In this case the Supreme Court overruled Gopalan’s case and widened the scope of the word ‘personal liberty’. Article 21 is controlled by the article 19 and it must satisfy the requirement of article 19.In Gopalan’s case it was held that Article 19 and Article 21 both dealt with different subjects and they are not inter-related with each other. In Maneka Gandhi case, the Supreme court overruled the above expression and held that Article 21 does not exclude Article 19 and no infringement of fundamental right conferred by article 21 and if it take away the fundamental right then it would have to be challenged of Article 19. Article 21 require the following condition and these condition must be fulfilled - There must be a valid law, it must provide a procedure and that procedure must be just fair and reasonable. The law must satisfy the requirements of Article 14 and 19.And at last in this case, it was held that article 14, article 19 and article 21 are the Golden Triangle.Article 21 has both negative and positive dimensions. The positive rights are very well defined under article 21:-· Right to livelihood – Olga Tellis v. Bombay Municipal Corporation popularly known as the ‘pavement dwellers case’.· Protection against Solitary confinement – Sunil Batra v. Delhi Administration· Right to get pollution free water and air – M.C. Mehta v. Union of India· Right to health and Medical Assistance – Parmananda Katara v. Union of India· Right to Speedy Trial – Hussainara Khatoon v. State of Bihar· Right against physical exploitation at work place – Vishakha v. State of Rajasthan · Right to have compensation – Bhim Singh v. State of J. K.· Right against Exploitation – Bandhua Mukti Morcha v. Union of IndiaArticle 21A – Right to EducationThe State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law,determine.Article 21A of the Indian constitution was added through 86th Amendment act, 2002. This amendment made Article 21A as a fundamental right which provide free and compulsory education for all the children of six to twelve years.Before the amendment article 45 guarantees to provide care and education to the children till the age of six years but this was not a fundamental right. After the Amendment Article 51A(k) added as a fundamental duty to provide opportunity for education to child between the age of 6 to 14. Some relevant cases are-Mohini Jain v. State of Karnataka[4].Mohini was denied admission because of high capitation fee and make a plea that his right to education violated. The Court held that the Right to education is a fundamental right under the Article 21 of the Constitution and charging of capitation fee for admission illegal amount to denial of right to education. In case ofUnni Krishnan v. State of Andhra Pradesh[5].This case overruled the judgement of the Mohini Jain case. AndCourt held that the right to education of children of the age 6 to 14 years a fundamental right. After the 14 years of the age of the children , the obligation of the State depends on the economic capacity.Article 22 : Protection against arrest and detention-Introduction:In Article 21 we studied that no one can be deprived of his life and liberty except according to the procedure establish by the law. Article 22 is that , the procedure must be enacted by the legislature. This article prescribe the procedure through which the person may be deprive of his life and liberty.Both the Article 21 and 22 are complimentary to each other.Article 22 deals with two aspects –First : The person arrested under the ordinary law of crimes;Second: The person detained under the law of ‘Prevention Detention’.In Article 22 has seven clauses in which clause (1) and (2) deals with punitive detention , clause (3) is about exception and clause (4) to (7) deals with preventive detention.Punitive detention- If any person commit a crime then he should be punished. The punitive detention may do after the commitment of the crime and it deals with ordinary lawsPreventive detention- The objective of the preventive detention is to prevent an individual to commit a crime. Illustration: If the person have ability to commit a crime and also have intention to commit a crime, so police may arrest that person to prevent that crime and the person is treated with preventive detention laws.Meaning and scope:Article 22 available to both citizens and non-citizens and not available to aliens and the person detained under any law providing for prevention detention.Article 22(1)[6]According to article 22(1), it is necessary that the person who is arrested by the police or any other empowered authority for an offence under an ordinary law, may have the right to informed. It is mandatory to know the reason of arrest as soon as possible so that he may prepare something in his defence. It is the duty of the authority to disclose the facts of arrest of a person immediately.The person has right to consult a lawyer or legal practitionerof his choice. In case of Hussainara Khatoon v. state of Bihar[7]. The Supreme court held that every person has constitutional right to consult a lawyer and secure legal services on reasons such as poverty, indigence etc. so free legal services provided to him by the state.Article 22(2)[8]:According to Article 22(2), any person who is arrested or detained in custody by the police and any other authority must be produced before the nearest magistrate within 24 hours of his arrest. Travel and other necessary time may be excluded from these 24 hours. If the authority has not able to produce justified reason or the accused within 24 hours or exceed the time of 24 hours, then the authority may immediately release the person from the custody.If there is failure to produce the accused, before the magistrate within 24 hours, then the arrest may be considered as illegal.In case of State of Punjab v. Ajab Singh[9]. The person was arrest under the Recovery and Restoration Act,1949. The Supreme Court held that the person was not accused for any offence of a criminal or quasi criminal nature.Article 22(3):[10]Clause (3) of Article 22 is an exception of clause (1) and (2). It says that the right given to any person who is being arrested may not given to the following persons-· An enemy alien; · Any person arrested and detained under the prevention detention law.Preventive detention lawThe Centre and State both have power to formulate the Preventive detention laws. The centre derives its power from the List 1st of the 7th schedule and have exclusive power to make laws for defence, foreign affairs and security of India. Wherever the State derives its power from the List 3rd of 7th schedule and have concurrent power to make law for maintenance of public order, security of state and maintenance of essential services . Article 22(4)[11]:The Advisory board may be formulating to deal with the matter of preventive detention. The first safeguard is that the detenushall not be arrested no more than the three months unless the advisory board may not give his opinion to exceed the time limit.The Advisory board consisting of a Judge of High Court. The board is bound to submit the report before the expiration of the three months, if any failure to do so then the detention may be considered illegal.Article 22(5)[12]:According to clause (5),some safeguards may be given such as , right to information and right to representation. This clause impose an obligation upon the authority to provide the ground of detention to the detenu as soon as possible for his defence and provide sufficient means to make an effective representation.In case of Lallubhai Jogibhai Patel v. Union of India[13]. The detenu was not able to under the English but the grounds of detention were in English and the detaining order that the Police Inspector explained the grounds in Gujarati. It was held that there was no sufficient compliance of Article 22(5) and hence the order of detention was invalid.Article 22(6)[14]:According to clause (6), the information which may provide to detenu under clause (5) and which are considered to be against the public interest then there is no need to provide such information.Article 22(7):Clause (4) of Article22 says about the limit of detention of the detenu but the Advisory board may have power to extend the limit of detention, but the person may arrest under the prevention detention act and the time limit may be given then the time limit may not be extended. The parliament may have power to decide the maximum limit of detention if the person may be detained more then three months without obtaining opinion from Advisory Board.Article 23 : Prohibition of traffic in human beings and forced labour-Introduction: ‘Traffic in Human being ’ means selling and buying of men , women and children’s for immoral purposes. The protection of this article available to both citizens and non-citizen.Meaning and Scope : This Article protects the individual not only against the State but also against the private individuals. This article impose obligation upon the state to eliminate this immoral work from the society. Article 23 prohibited the system of Bonded labour , which mean full day work without any payment or any benefit.In case of Bandhua Mukti Morcha v. Union of India[15].The Supreme Court held that when an PIL may filed by anyone then the Government should welcome it because it give an opportunity to the government to examine the issue and take an appropriate step to solve the problem. This is an obligation of the Government under Article 23.The Clause (2) of Article 23 is that the State is empowered to impose compulsory services for public purposes. But such services of the State cannot make any discrimination on the ground of Religion, Race, Caste, Class or any of them . [1]AIR 1950 SC 27[2]AIR 1963 SC 1295[3]AIR 1978 SC 597[4]AIR 1992 SC 1858[5] (1993) 1 SCC 645[6]No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice[7] AIR 1979 SC 1377[8]Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.[9] AIR 1953 SC10[10]Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. [11]No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:[12]When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order[13](1981) 2 SCC 427[14]Nothing in clause ( 5 ) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose [15] AIR 1984 SC 802
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Chandryaan 2
India's Chandrayaan-2 towards making history The Indian Space Research Organization has already successfully entered Chandrayaan-2 into the lunar orbit. After this, ISRO will process the separation of lander 'Vikram' from Chandrayaan-2 orbiter today (2 September) which will be done between 12.45 AM to 1.45 PM today. Hollander 'Vikram' will reach the lunar surface between 1.30 am and 2.30 am on September 7. The country's second lunar mission Chandrayaan-2 entered the lunar orbit on 20 August. After separating from the lander 'Vikram' orbiter on 2 September, it will make a 'soft landing' in the South Pole region of the Moon on 7 September. By doing this, India will become the first country in the world to reach the South Pole region of the moon. Russia, America and China have reached the moon before India but they did not reach the moon in the South Pole region. After landing on the lunar surface of the moon, a rover named 'Pragyan' will come out from within it and on its 6 wheels, it will carry out scientific experiments on the lunar surface. The success of the 'Chandrayaan-2' mission will be a glorious moment for India as no country has reached the South Pole region of the moon. 'Chandrayaan-2' will land in the South Pole region of the Moon, where no country has yet been reached. This will help unravel the moon's unsolved secrets.
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