Article 21: The Shield that Never Stood a Chance

A Constitutional Safeguard in Peril

Article 21 of the Indian Constitution guarantees the right to life and liberty. Yet, despite its seemingly unassailable status, this fundamental right has been watered down over the years through legislative and judicial interventions. The result is a constitutional shield that now hangs precariously, ready to be shattered by the next arbitrary government move.

The Indian Constitution, adopted in 1950, enshrines Article 21 as "No person shall be deprived of his life or personal liberty except according to procedure established by law." This sweeping provision was meant to safeguard individuals against arbitrary state actions, ensuring that the government cannot take away an individual's life or liberty without following due process.

However, since the Supreme Court's judgment in Maneka Gandhi v. Union of India (1978), the scope of Article 21 has been continuously eroded. The court has allowed the government to bypass procedural safeguards, citing "national interest" and "public order" as justifications for such actions.

One notable example is the Olga Tellis v. Bombay Municipal Corporation (1986) case, where the Supreme Court ruled that the right to life under Article 21 does not include the right to shelter. This decision effectively gave the state the green light to displace slum dwellers without providing them with adequate compensation or alternative housing.

More recently, the Navtej Singh Johar v. Union of India (2018) judgment, which decriminalized consensual same-sex relationships, was also seen as a step back for Article 21. By allowing the state to criminalize same-sex relationships until 2018, the Supreme Court effectively condoned the government's interference in individuals' private lives.

Today, as we navigate the complexities of The Citizenship (Amendment) Act, 2019 and its potential implications for the fundamental right to life, it is imperative to remember the lessons of Article 21. The Indian Constitution's foundational promise of protecting individual rights and freedoms is under siege, and it is up to us to ensure that this sacred right is upheld.

In the face of emerging legal challenges, such as the government's attempts to regulate digital rights and online expression, Article 21 remains a beacon of hope for those fighting for justice and equality. As we move forward, it is crucial that we reinvigorate this constitutional safeguard, so that it serves as a shield against state overreach and a beacon of hope for a more just and equitable society.