ISSN 2455-4782
RIGHT TO LIFE AND PERSONAL LIBERTY UNDER THE
PERSEPECTIVE OF INDIAN CONSTITIOUN: AN ANALYSIS OF
JUDICIAL ACTIVISM
Authored by: Dr. Sakuntala Gouda*
* Lecturer, Capital Law College, Bhubaneswar, Odisha
__________________________________________________________________________________
INTRODUCTION
The fundamental rights were included in the constitution because they were considered
essential for the development of the personality of every individual and to preserve human
dignity. The writers of the constitution regarded democracy of no avail if civil liberties, like
freedom of speech and religion were not recognized and protected by the State. The right to
life is a moral principle based on the belief that a human being has the right to live and, in
particular, should not be killed by another human being. The concept of a right to life arises in
debates on issues of capital punishment, war, abortion, euthanasia, justifiable homicide and, by
extension, public health care.
Right to life and personal liberty is most precious, sacrosanct inalienable and fundamental of
all the fundamental rights of citizens. It is one of the most essential basic human rights in a
democratic state. It is the backbone of human right movement both at national and international
level. The Human Rights are a direct progenitor of doctrine of natural law
Today, the right to life and personal liberty does not mean mere physical existence or being
medically alive, but it includes right to essential means and facilities which make life worth
living with comfort and dignity. An atmosphere where a person can grow physically as well
mentally without fear and restrictions. Right to life and personal liberty does not means mere
animal existence, but a healthy life with dignity and honour those limits and faculties by which
life is enjoyed. The provision equally protects the
The right to life guaranteed by Article 21 of the Constitution of India is not merely a
fundamental right, it is a basic human right. Justice H.R. Khanna rightly observed that sanctity
56 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL]
VOLUME 7 ISSUE 2
, ISSN 2455-4782
of life and liberty was not something new when the Constitution was drafted. It represented a
facet of higher value which mankind began to cherish in its evolution from a state of truth and
claw to a civilized existence. Likewise, the principle that no one shall be deprived of his life
arbitrarily within the territory of law was not the gift of the Constitution. It was a necessary
coronary of the concept relating the sanctity of life and liberty; existed and was in force before
the coming into force of the constitution.
The meaning of term right to life has been further expanded in case of State of Himachal
Pradesh v. Umed Ram, where it was held by the majority that every person is entitled to life
as enjoined in Article 21 of the Constitution and in the facts of this case read in conjunction
with Article 19(1)(d) of the Constitution and in the background of Article 38(2) of the
Constitution that every person has right under Article 19(1)(d) to move freely throughout the
territory of India and he has also the right under Article 21 to his life and that right under
Article 21 embraces not only physical existence of life but the equality of life and for residents,
of hilly areas, access to road is access to life itself. Accordingly, there should be road for
communication in reasonable conditions in view of our Constitutional imperatives and denial
of that right would be denial of life. To the residents of the hilly areas as far as feasible and
possible society has constitutional obligation to provide as feasible and possible society has
constitutional obligation to provide roads for communication.
K.K. Methew was of the view that “everyone has the right to standard of living adequately for
the health and well-being of himself and his family, including food, clothing, housing, medical
care and necessary social services and the right to security in the event of unemployment,
sickness, disability, old age and other lack of livelihood in circumstances beyond one’s control.
THE MEANING OF PERSONAL LIBERTY
The word ‘liberty’ derived from the Latin words liber and libertus, is defined in Encyclopedia
Britannica as a ‘state of freedom’ which is especially opposed to political subjection,
imprisonment or slavery’. It is also defined as ‘being free from captivity, imprisonment, slavery
or despotic control. Chamber’s Twentieth Century Dictionary defines ‘liberty’ as ‘Freedom to
do as one pleases, the unrestrained employment of natural rights, power of free chance,
57 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL]
VOLUME 7 ISSUE 2
RIGHT TO LIFE AND PERSONAL LIBERTY UNDER THE
PERSEPECTIVE OF INDIAN CONSTITIOUN: AN ANALYSIS OF
JUDICIAL ACTIVISM
Authored by: Dr. Sakuntala Gouda*
* Lecturer, Capital Law College, Bhubaneswar, Odisha
__________________________________________________________________________________
INTRODUCTION
The fundamental rights were included in the constitution because they were considered
essential for the development of the personality of every individual and to preserve human
dignity. The writers of the constitution regarded democracy of no avail if civil liberties, like
freedom of speech and religion were not recognized and protected by the State. The right to
life is a moral principle based on the belief that a human being has the right to live and, in
particular, should not be killed by another human being. The concept of a right to life arises in
debates on issues of capital punishment, war, abortion, euthanasia, justifiable homicide and, by
extension, public health care.
Right to life and personal liberty is most precious, sacrosanct inalienable and fundamental of
all the fundamental rights of citizens. It is one of the most essential basic human rights in a
democratic state. It is the backbone of human right movement both at national and international
level. The Human Rights are a direct progenitor of doctrine of natural law
Today, the right to life and personal liberty does not mean mere physical existence or being
medically alive, but it includes right to essential means and facilities which make life worth
living with comfort and dignity. An atmosphere where a person can grow physically as well
mentally without fear and restrictions. Right to life and personal liberty does not means mere
animal existence, but a healthy life with dignity and honour those limits and faculties by which
life is enjoyed. The provision equally protects the
The right to life guaranteed by Article 21 of the Constitution of India is not merely a
fundamental right, it is a basic human right. Justice H.R. Khanna rightly observed that sanctity
56 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL]
VOLUME 7 ISSUE 2
, ISSN 2455-4782
of life and liberty was not something new when the Constitution was drafted. It represented a
facet of higher value which mankind began to cherish in its evolution from a state of truth and
claw to a civilized existence. Likewise, the principle that no one shall be deprived of his life
arbitrarily within the territory of law was not the gift of the Constitution. It was a necessary
coronary of the concept relating the sanctity of life and liberty; existed and was in force before
the coming into force of the constitution.
The meaning of term right to life has been further expanded in case of State of Himachal
Pradesh v. Umed Ram, where it was held by the majority that every person is entitled to life
as enjoined in Article 21 of the Constitution and in the facts of this case read in conjunction
with Article 19(1)(d) of the Constitution and in the background of Article 38(2) of the
Constitution that every person has right under Article 19(1)(d) to move freely throughout the
territory of India and he has also the right under Article 21 to his life and that right under
Article 21 embraces not only physical existence of life but the equality of life and for residents,
of hilly areas, access to road is access to life itself. Accordingly, there should be road for
communication in reasonable conditions in view of our Constitutional imperatives and denial
of that right would be denial of life. To the residents of the hilly areas as far as feasible and
possible society has constitutional obligation to provide as feasible and possible society has
constitutional obligation to provide roads for communication.
K.K. Methew was of the view that “everyone has the right to standard of living adequately for
the health and well-being of himself and his family, including food, clothing, housing, medical
care and necessary social services and the right to security in the event of unemployment,
sickness, disability, old age and other lack of livelihood in circumstances beyond one’s control.
THE MEANING OF PERSONAL LIBERTY
The word ‘liberty’ derived from the Latin words liber and libertus, is defined in Encyclopedia
Britannica as a ‘state of freedom’ which is especially opposed to political subjection,
imprisonment or slavery’. It is also defined as ‘being free from captivity, imprisonment, slavery
or despotic control. Chamber’s Twentieth Century Dictionary defines ‘liberty’ as ‘Freedom to
do as one pleases, the unrestrained employment of natural rights, power of free chance,
57 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL]
VOLUME 7 ISSUE 2
