Q1. Consider the following statements regarding the scope and interpretation of Article 21 of the Indian Constitution:
- Article 21 guarantees the right to life and personal liberty only against the actions of private individuals.
- The right to live with human dignity is encompassed within the ambit of Article 21.
- Article 21 has been interpreted to include the right to privacy as a part of the right to life and personal liberty.
- The Supreme Court has held that the right to sleep is not a fundamental right under Article 21.
Which of the statements given above are correct?
Answer: A [2 and 3 only]
Explanation: Statement 1 is incorrect: Article 21 primarily protects individuals against arbitrary actions of the State, not private individuals. The term “State” under Article 12 includes Government bodies, local authorities, and agencies under government control. However, courts have held that the State must prevent violations of life and liberty by private individuals as well (positive obligation).
Statement 2 is correct: The Supreme Court in the landmark Francis Coralie Mullin vs. Union Territory of Delhi (1981) and Maneka Gandhi vs. Union of India (1978) cases held that the right to life under Article 21 means much more than mere animal existence. It includes the right to live with human dignity, which covers a clean environment, livelihood, shelter, education, health, and other conditions necessary to live a meaningful life.
Statement 3 is correct: The Supreme Court in K.S. Puttaswamy vs. Union of India (2017) unanimously held that the right to privacy is a fundamental right intrinsic to life and personal liberty under Article 21. It includes privacy of body, mind, personal data, autonomy, and protection from arbitrary State intrusion. The judgment overturned earlier rulings like M.P. Sharma (1954) and Kharak Singh (1962).
Statement 4 is incorrect: The Supreme Court in Ramlila Maidan Incident Case (2012) held that the right to sleep peacefully is a part of the right to life under Article 21, as uninterrupted sleep is essential to human dignity and mental and physical health. Forcible disturbance of peaceful sleep amounts to violation of fundamental rights.