Introduction:
Personal liberty is the right without which one cannot live as human beings. This right contains all those aspects of life which are essential to make human life meaningful. This is mainly based on the principle of natural justice.
Article 21 of the constitution reads as:
“No person shall be deprived of his life or personal liberty except according to procedure established by law”.
This right of personal liberty is available to every person.
Meaning & Definition
Liberty originates from the Latin word ‘libertas’ which is a Roman goddess and personification of liberty.
Dicey says Personal liberty means a personal right not to be subjected to imprisonment, arrest, or other physical coercion in any manner that does not admit of legal justification.[1]
Case Laws
The meaning of word personal liberty comes up for consideration of the Supreme court for the first time in A.K. Gopalan v. UOI[2]
In this case, A.K. Gopalan was arrested under the Preventive Detention Act, 1950. The petitioner challenged the validity of his detention on the ground, that it was violative of his right to freedom of movement under Article 19 (1)(d) which is the very essence of personal liberty guaranteed by Article 21 of the constitution.
Supreme Court explained personal liberty in this case as “Personal liberty is nothing more than physical liberty and Article 19(1)(d) and 21 are different”.
But this restrictive interpretation of the expression ‘personal liberty’ in Gopalan’s case has not been followed by the Supreme Court in later decisions.
In Kharak Singh v. State of U.P.,[3] the Supreme Court held- Personal liberty does not mean only physical freedom but something more than physical liberty. Here more means mental freedom and all other rights excluding Article 19(1)(d). Article 19(1)(d) is a particular liberty and all other rights are personal liberty.
In Maneka Gandhi v. UOI,[4] the SupremeCourt has not only overruled Gopalan’s case but has widened the scope of the word ‘personal liberty’ considerably. Bhagwati, J. observed
“The expression personal liberty in Article 21 is of the widest amplitude and covers a variety of rights which go to constitute the personal liberty of man and some of them have raised to the status of distinct fundamental rights and given additional protection under Article 19.”The Supreme Court gave the widest possible interpretation of the word personal liberty.
In Sunil Batra case[5] right to talk, share, good company was included under Article 21.
In K.S. Puttaswamy v. UOI,[6] it was held that personal liberty was not absolute, also it includes the right to privacy under Article 21 with restriction.
Rights under Personal Liberty
Adopting liberal interpretation Article 21 is read with several rights to make ‘life’ more meaningful and worth living. They are as follows-
- Right not be subject to bonded labor and to rehabilitated after release.
- Right to livelihood[7]
- Right to descent environment
- Right to appropriate life insurance policy
- Right to good health
- Right to food, water, education (not professional or special), medical care and shelter
- Prisoner’s right to have necessities of life
- Right to a speedy, fair and open trial[8]
- Right of women to be treated with decency and dignity
- Right of privacy[9]
- Right to travel[10]
- Right against solitary confinement
- Right against bar fetters and handcuffing
- Right to legal aid[11]
- Right against delayed execution
- Right against custodial violence
- Right against public hanging
- Right to health and medical aid of workers
- Right to doctor’s assistance
- Right to social justice and economic empowerment
- Right to freedom from noise pollution
- Right to reputation
- Right to family pension (release)
- Right to decent burial or cremation
- Right to information
- Right to hearing
- Right of appeal from the judgment of conviction
Conclusion
Life can’t be possible without liberty, and liberty of thoughts and action both are equally important. We the people of India are blessed with such beautiful rights under article 21. Its widest interpretation is very much important to make the life of an individual meaningful.
Some controversies are still there about the denial of rights by procedure established by law, especially in the case of CrPC.
But the thing is no right can be absolute. Absolute and unrestricted human rights cannot exist because if people were given complete and absolute liberty without any social control this will result in ruin, anarchy, and disorder in society.
[1] Available athttps://www.lawctopus.com/academike/rule-of-law-in-india-2/visitedon October 4, 2017
[2] AIR 1950 SC 27
[3] AIR 1963 SC 1295
[4] AIR 1978 SC 597
[5] Sunil Batra v. Delhi Administration(1978)4 SCC 409
[6] Writ petition(civil) no.494 of 2012
[7] Sodan Singh v New Delhi Municipal Committee AIR 1989 SC 1988
[8] Hussainara Khatoon v State of Bihar AIR 1979 SC 1819
[9] Kharak Singh v. State of UP AIR 1963 SC 1295
[10] Satwant Singh Sawhney v D.R. Ramanathnam AIR 1967 SC 1836
[11] M.H. Hoscot v Maharashtra AIR 1978 SC 1548
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