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Article 21 of the Indian Constitution

https://www.ecospacerealtors.in/post/article-21-of-the-indian-constitution

Article 21 of the Indian Constitution: A Detailed Overview

Article 21 of the Indian Constitution is one of the most significant provisions safeguarding individual rights in India. It provides a fundamental right that ensures every citizen the right to life and personal liberty. Over the years, the Supreme Court has interpreted Article 21 expansively, transforming it into a powerful legal tool that encompasses a wide range of rights essential to living a dignified life.

Text of Article 21:

"No person shall be deprived of his life or personal liberty except according to the procedure established by law."

While this seems concise, its scope has expanded significantly through judicial interpretations to include various facets of human life and personal freedom.

Key Components of Article 21:

Right to Life: The "right to life" does not merely mean the right to survive. The Supreme Court has interpreted this to include the right to live with dignity, which covers basic human necessities such as food, shelter, education, and healthcare.

Right to Personal Liberty: This aspect protects individual freedom from illegal detention or interference. Any deprivation of personal liberty must follow proper legal procedures.

Evolution of Article 21 through Judicial Interpretation

The scope of Article 21 has broadened significantly, largely due to judicial activism and progressive interpretation by the Supreme Court. Here are some critical rights that fall under the umbrella of Article 21:

Right to Privacy: In the landmark Puttaswamy v. Union of India (2017) judgment, the Supreme Court ruled that the right to privacy is a fundamental right under Article 21. This protects citizens from unwarranted state surveillance and intrusion into personal matters.

Right to a Pollution-Free Environment: In the case of Subhash Kumar v. State of Bihar (1991), the Supreme Court declared that the right to life includes the right to live in a clean and pollution-free environment, emphasizing environmental protection as a crucial component of human dignity.

Right to Livelihood: In the Olga Tellis v. Bombay Municipal Corporation (1985) case, the Court recognized that the right to life under Article 21 includes the right to livelihood, ensuring that citizens are protected from arbitrary evictions that may strip them of their means of living.

Right to Health: The Supreme Court has also recognized the right to health as part of the right to life, as seen in the Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) case, which mandated the government to provide adequate healthcare facilities.

Right to Education: The Unnikrishnan v. State of Andhra Pradesh (1993) judgment led to the recognition of the right to education as a fundamental part of Article 21. This later resulted in the Right of Children to Free and Compulsory Education Act, 2009, ensuring education for children between the ages of 6 and 14.

Right to Die with Dignity: In Common Cause v. Union of India (2018), the Supreme Court upheld passive euthanasia, recognizing the right to die with dignity as a part of the right to life.

Right to Speedy Trial: In the Hussainara Khatoon v. State of Bihar (1979) case, the Court ruled that speedy trials are an essential component of personal liberty, highlighting the right of every individual to receive timely justice.

Article 21 and Environmental Protection

Article 21 has been instrumental in cases concerning environmental protection. The courts have ruled that the right to a healthy environment is intrinsic to the right to life. Some landmark cases include:

M.C. Mehta v. Union of India (1987): Known as the Ganga Pollution Case, the Supreme Court ruled that pollution of the Ganges river violated the citizens' right to a clean and safe environment.

Vellore Citizens Welfare Forum v. Union of India (1996): The Court recognized the Precautionary Principle and Polluter Pays Principle as essential to safeguarding the right to a healthy environment under Article 21.

Article 21 and the Noble M Paikada v. Union of India Case

In Noble M Paikada v. Union of India [2024 INSC 241], Article 21 played a pivotal role. The Supreme Court struck down a notification exempting linear projects (such as roads and pipelines) from obtaining environmental clearances. The Court held that bypassing public consultation and environmental safeguards violated citizens' right to a pollution-free environment under Article 21. This case reinforces that any decision impacting the environment must prioritize public health and environmental well-being.

Conclusion

Article 21 of the Indian Constitution has evolved into a dynamic and expansive right that encompasses several aspects of human life and dignity. Through judicial interpretation, it has grown to include rights such as the right to privacy, right to a clean environment, right to education, and right to health, among others. The broad interpretation of this article highlights the importance of ensuring that both life and personal liberty are protected in the fullest sense, making it one of the most far-reaching constitutional provisions in India.

Disclaimer

This information is provided for educational purposes and should not be construed as legal advice. For legal interpretations or to understand how Article 21 applies to specific circumstances, it is recommended to consult a qualified legal professional.

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[silpainfratech]

A day to reflect and act, National Pollution Control Day focuses on minimizing pollution’s effects, encouraging eco-friendly habits, and promoting a sustainable balance between development and environmental preservation.

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We Care, We Share.

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[indiaobesity]

Let's make an effort to preserve our environment and advocate for a greener and healthier society to ensure a safe future!

[hfsuper]

If you are concerned about your health, why not contribute to the health of the environment as well. This World Environment Day, do your bit in keeping the surroundings green and clean. . .

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[eeerickkk]

Will E-Rickshaw Ever Rule The World

The newest advancement in public transportation is the e-rickshaw. E-Rickshaws are electric shuttles that can pick you up whenever you want and drop you off anywhere you like, unlike conventional buses and taxis that require you to find a parking spot and wait for someone to arrive. The idea is being examined for usage in cities all around the world as a remedy to urban congestion and pollution. However, at the moment, E-Rickshaws are only offered in a select few places, and in those that do, they are frequently only accessible during specific hours of the day or on routes that don't go where you need to go.

Public transportation could undergo a transformation with the introduction of e-rickshaws, making it simpler and more convenient to travel.

The most well-liked and practical means of public transit will be electric rickshaws, which offer everyone an emission-free and environmentally friendly mode of transportation. Since there are currently fewer E-Rickshaws available for use, their value is only increasing, and as their supply increases, so will demand. The development of new technologies could fundamentally alter how people travel, making it quicker and more convenient to reach where you need to go. The capacity to drive without relying on other vehicles lessens congestion while also lowering pollution, which is better for everyone's health.

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[averaaimobility]

How AVERA assures EV Safety with LiFePO4 Batteries

The recent news about electric scooters catching fire has spread a cloud of doubt and uncertainty among everyone. With the electric two-wheelers just starting to gain momentum with their various advantages for a better future, incomplete information would increase their doubts. Numerous reasons have been discussed for this: EV overheating, battery and its health, Battery Management systems (BMS), etc.  

Why LiFePO4 is suitable for EV  

Longevity: LiFePO4 batteries have numerous advantages, one of which is the lifecycle of these batteries. They can run up to 3,500 charge & discharge cycles, which means longer life and hence reduced maintenance costs. It can be used efficiently without replacing the battery.  

Efficiency: These batteries are used in stand-alone solar systems as they have a high rate of efficiency. This proves the efficiency one can expect from LiFePO4 batteries. You can use up to 90% of the battery’s capacity and the self-discharge rate is low at around 2% per month.  

Temperature range: Stable temperature of the batteries ranges from -20℃ to 70℃.  

Lightweight: These batteries are much lighter in weight than traditional lead-acid batteries and hence are an ideal solution for electric scooters.  

Role of BMS in safe EV battery functioning  

The Battery Management System ensures that the battery is protected and any operation out of its safety limit is prevented. In a way, it provides real-time data about the status and health of your electric scooter’s battery.  

Various components of a BMS include temperature monitors, cut-off field-effect transmitters (FETs), cell voltage sensors, fuel-gauge monitors, real-time clocks, microcontrollers (BMS algorithms), and others that work together in an integrated manner to power your EV.  

FET (field-effect transmitters) - Monitors connection and isolation between load and charger of the battery pack.  

Cell voltage sensors carry out cell voltage monitoring  

Fuel-gauge monitor- Keeps track of the charge entering and exiting the battery pack.  

Real-time clock- Helps in time-stamping, memory storage and displays warnings before any alarming event  

Other than the above, using high-quality OEM standards is inevitable for safe EV manufacturing and functioning.  

AVERA’s safety standards  

Our Lithium Iron Phosphate batteries (LiFePO4) are designed to outperform traditional lead-acid batteries on the road. Advanced Battery Management System with Remote monitoring and diagnosis also takes care of your EV.

AVERA has also passed safety tests for pressure, short-circuiting, overheating, and overcharging and maintained all safety standards to offer you an EV of the highest quality!  

What can you do to keep EVs battery safe & long-lasting?  

Always plug it into the right socket to avoid any electrical faults  

After coming back from your ride, let your EV rest and cool down for a while, and then plug it in to charge it

[aneeshgroup]

Feel the warmth, hear the birds chirping, walk through lush greenery, and let nature take care of your health.✨❤️ 📍Nature's green heart is at Sangareddy. Where are you?😍

[acropolismediainc]

The new study concludes that black carbon, the soot particles in smoke and smog, contributes about twice as much to global warming as previously estimated, even by the 2007 Intergovernmental Panel on Climate Change. Dark particles in the air work to shade the Earth's surface while warming the atmosphere. #ClimateChange #11DFEH #ClimateChangeChallenges #ClimateAction #11DaysForEarthsHealing #Pollution #PollutionFreeEnvironment https://www.instagram.com/p/CaSI8emPTpx/?utm_medium=tumblr

[vqcodes]

World Health Day is celebrated to promote awareness of people’s general health and well-being.Healthy people are more productive and tend to live longer, disease free. Happy World Health Day 2022 🌎🌐💪💪

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Celebrate Navratri with Alaska Green Farmhouses

Salutations to Ma Durga; the embodiment of power, symbol of peace and the mother of three worlds. May This festive season illuminate your life with prosperity, happiness and countless blessings.

[pvaindustries]

Pollution Control Day 2020

Take care of Nature & It will take care of you we have only one earth to live. Save this for next generations and be a part of solution, Not Pollution Let's pledge to ensure a clean environment.

#PollutionPreventionDay #PollutionFreeEnvironment #2ndDec #PollutionControlDay #StopPollution #LiveGreen #GoGreen #WorldPollutionPreventionDay2020 #NationalPollutionPreventionDay