Article 21 vs Fundamental Rights: The Unseen Catch

constitutional general beginner trick_question

Most of us think we know Article 21, right? It says "No person shall be deprived of his life or personal liberty except according to procedure established by law." (Article 21, Constitution of India). But here's the twist: is a detainee's liberty actually protected if they're just kept in a hospital for an indefinite period? This question came up in the NALSA v Union of India case, where the court decided that transgenders can't be denied the right to live with dignity, which includes living in a place that suits them.

But here's the trap: many people think that just because Article 21 says "no deprivation of liberty except according to procedure established by law", it automatically means that a person can't be detained anywhere, anytime. They assume that Article 21 protects a person's liberty in all situations, but that's not the case.

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Sanya ยท CLAT Prep

Article 21 aur fundamental rights ke beech ek chhote se ladai hai, but inke beech koi puri tarah ka clash nahin hai. Article 21 mein "liberty" ke concept ko shamil kiya gaya hai, jo ki Constitution ke purane part-3 mein fundamental rights ke saath juda hi hai. Lekin, Article 21 ki jaankari ke liye koi separate clause nahi hai, jisse yeh kaafi confuse kar sakta hai.