AI Overview...
Different Inferred Rights under Article 21 of the Indian Constitution
- Right to Life
Article 21 primarily guarantees the Right to Life, which has been expansively interpreted by the courts to include various derivative rights essential for a dignified life, such as the right to fair trial, privacy, and livelihood.
Main Points: - The scope of Article 21 encompasses the right to live with human dignity, including rights like fair investigation and trial (INDMAD00000353188, 00100066542).
- It also covers the right to privacy, which, although not explicitly enumerated, has acquired constitutional status through judicial interpretation (02100103770).
-
The right to die has been debated but is generally not recognized as part of Article 21, emphasizing that the right to life does not extend to the right to die (00500010142, 00100000370).
-
Right to Fair Procedure and Justice
Article 21 includes the right to a fair and reasonable procedure for depriving a person of life or liberty. Courts have emphasized that procedures established by law must be just and reasonable (00100066542).
Main Points: -
The procedure for arrest, investigation, and trial must be fair, aligning with principles of natural justice (INDMAD00000353188, 00100066542).
-
Right to Privacy
Recognized as an integral part of the right to life, the right to privacy has been judicially upheld as fundamental, affecting cases related to personal liberty and dignity (02100103770). -
Right to Livelihood and Property
Although not explicitly detailed in the sources, the right to livelihood and property rights are considered part of the broader interpretation of Article 21, especially in cases involving deprivation of property or livelihood (implied from context).
Cases Cited and Their Significance
- Rathinam Case: Clarified that the right to die is not included under Article 21, reaffirming the expansive but bounded interpretation of the right to life (00500010142).
- Privacy and Human Rights Cases: Recognized the right to privacy as part of the right to life, emphasizing its constitutional status (02100103770).
- Fair Trial and Procedure Cases: Emphasized that procedures under Article 21 must be just and reasonable, ensuring fair treatment in legal processes (00100066542).
- Design and Trademark Cases (00400039353, 00400039393): While not directly related to rights under Article 21, these cases highlight the importance of reputation and property rights, which are indirectly related to the right to livelihood and dignity.
Analysis and Conclusion
Article 21's scope has been interpreted broadly by the Indian judiciary to include various fundamental rights essential for human dignity, such as privacy, fair trial, and livelihood. However, rights like the right to die are explicitly excluded, reaffirming the limits of the right to life. Judicial decisions have played a pivotal role in expanding the understanding of Article 21, making it a cornerstone for fundamental rights jurisprudence in India.
References:
- INDMAD00000353188
- 00500010142
- 00100000370
- 02100103770
- 00400039353
- 00400039393
Search Results for "What are the Different Inferred Rights under Article 21 and in which Cases it has been Cited"
1999 0 Supreme(Bom) 710 • India - Bombay
R.M.LODHA
, and that there was no evidence that the plaintiffs had acquired a reputation or goodwill in the distinctive appearance of the article ... Finding of the Court: The court found that the defendants' chair design was not substantially different from the plaintiffs ... The court held that the defendants' chair design was not substantially different from the plaintiffs' registered design, as the overall ... The defendants are not right when they say that their chairs are completely different from the cha....
2019 Supreme(Online)(Mad) 4155 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J
(A) Constitution of India - Article 21 - Criminal Procedure Code - Section 482 - Transfer of investigation - Petitioner sought for ... ... The court determined that the local police's investigation was inadequate and likely biased, necessitating a transfer to a different ... Ratio Decidendi: The court found that the constitutional duty of ensuring fair investigation justified transferring the case to a different ... In elaboration, it was held that Article 21 of the Constitution not ....
2023 Supreme(Online)(Mad) 49814 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.M.VELUMANI, R.HEMALATHA, JJ
(A) Constitution of India - Article 226 - Human Rights - Violation of human rights claim by complainant against police officer - ... The SHRC ruled against the petitioner, asserting human rights violations and recommending compensation. ... The State Human Rights Commission found the police officer guilty of violation, ordering compensation and departmental action - Writ ... He also had the habit of approaching different police stations with different advocates and al....
1999 0 Supreme(Bom) 714 • India - Bombay
R.M.LODHA
The defendants are not right when they say that their chairs are completely different from the chairs which are sold by the plaintiffs under the trade mark "Modern Champ" or that the defendants' chairs are substantially different from the plaintiffs' registered design. ... ... 21. ... The seat of the defendant's chair is completely different from the seat appearing in the registered design of the 1st plaintiff. The plaintiffs' chairs are sold under the trade mark "Moderna Champ", whereas the defendants....
1996 3 Supreme 1 • India - Crimes
J.S.VERMA, G.T.NANAVATI, FAIZAN UDDIN, N.P.SINGH, G.N.RAY
- Scope of Article 21 - Whether scope of Article 21 also includes 'right to die'? ... 'right to life' under Article 21. ... Rathinam qua Article 21. ... The decisions relied on for taking that view relate to other fundamental rights which deal with different situations and different kind of rights. ... It has also been stated that the #HL_START....
1996 3 Supreme 1 • India - Supreme Court
FAIZAN UDDIN, G.T.NANAVATI, J.S.VERMA, N.P.SINGH, G.N.RAY
right to life under Article 21. ... scope of Article 21 also includes right to die ? ... to life under Article 21. ... The decisions relied on for taking that view relate to other fundamental rights which deal with different situations and different kind of rights. ... It has also been stated that the right to life stands on different footi....
2007 0 Supreme(All) 1294 • India - Allahabad
DILIP GUPTA, ANJANI KUMAR
on petitioner to insist that NOIDA would commit same mistake again—Legitimacy of an expectation can be inferred only, if it is founded ... , contained in terms and conditions, as being arbitrary and unreasonable—Further, a wrong committed in past, would not confer a right ... It is different from a wish, a desire or a hope nor can it amount to a claim or demand on the ground of a right. ... It would not be setting a wrong right, but would be perpetuating another wrong. In such matters there is no discri....
2012 0 Supreme(Mad) 2850 • India - Madras
K.B.K.VASUKI
to life and liberty guaranteed by Article 21 of the Constitution of India. ... Rights, R. ... Defamation - Permanent Injunction - Right to Privacy - Right of Freedom of Speech - [DEFAMATION] - [RIGHT TO PRIVACY] - [Article ... In recent times, however, this right has acquired a constitutional status. We shall proceed to explain how? Right to privacy is not enumerated as a fundamental right in our Constitution but h....
1921 0 Supreme(Mad) 39 • India - Madras
SPENCER, RAMESAM
The court also clarified the scope of Article 141 and its application to different classes of cases. ... Issues: The issues involved the applicability of different articles of the Limitation Act to the suit, the effect of adverse ... The court also highlighted the specific categories of suits for recovery of immoveable property and their applicability under different ... by the transfer at least the rights of his transferor. ... In these cases, the ....
2020 8 Supreme 19 • India - Supreme Court
ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN, M.R.SHAH, S.RAVINDRA BHAT
(Paras 10 and 11) (C) Constitution of India – Article 21 – Right ... (Paras 9.4, 9.5 and 12) (B) Constitution of India – Article 21/ ... to fair trial – Procedure established by law under Article 21 cannot be any procedure but has to be a just and a reasonable procedure ... enshrined in Article 14 and 21 of the Constitution of India. ... of a fair trial to an accused under Article 21 of the Consti....
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