Demystifying Article 21: Heart and Soul of the Indian Constitution

  • Mohona Chowdhury
  • Show Author Details
  • Mohona Chowdhury

    Student at Jogesh Chandra Chaudhuri Law College, Calcutta University, India

  • img Download Full Paper

Abstract

The fundamental objective and core principle of human life is to live and let live. Both in public and private spheres, we're all entitled to certain liberties which at no cost can be put at stake. Article 21 is like a shield enumerated in the Indian Constitution that extends protection to safeguard human life from prejudices and any violation of the same is met with legal ramifications. In the contemporary era, the ongoing debates around the legalization of same-sex marriage and the conflicts regarding the abolition of the death penalty have brought the unwavering significance of Article 21 to the forefront once again. But is this Article restricted to the right to life only? Or it's an umbrella that has given shelter to a myriad of concomitant rights which although aren't explicitly defined yet hold an integral place in the Constitution? This paper attempts to demystify the broad scope and ambit of Article 21 by throwing light upon the Golden Triangle of the Constitution, the expanded horizon of this article, and most importantly the theoretical interpretation of its significance in respect of Modern India and its not-so-modern approach towards life. And, in the end, this paper strives to draw an outline of the probable road map that can protect Article 21, the heart and soul of our Constitution, from every arbitrary intervention and violation.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 3418 - 3426

DOI: https://doij.org/10.10000/IJLMH.115254

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021