2.5.1. Right to Life and Personal Liberty

Article 21: Protection of life and personal liberty—No person shall be deprived of his life or personal liberty except according to procedure established by law.

This article emphasizes that every individual has the fundamental right to life and personal liberty. This means that nobody can be deprived of their life or personal freedoms without following the legal procedures that are in place. In simpler terms, if someone is to be arrested, they must be informed of the reasons and provided a chance to defend themselves in court.

Imagine a scene where a police officer stops a person without any reason and takes them away. This is not allowed under Article 21, as everyone has the right to know why they are being detained. Think of it like a driver's right to know why their car is being ticketed; you can't penalize someone without explaining the violation.

The Supreme Court has ruled that this right also includes right to live with human dignity, free from exploitation. The court has held that right to shelter and livelihood is also included in the right to life as no person can live without the means of living.

The right to life is not just a bare existence; it involves living with dignity. The Supreme Court has interpreted this right to also include having adequate shelter and means to earn a livelihood. This extension means that for a person to truly live, they need access to basic needs that create a dignified life.

Think of a person without a home or job. They might be alive, but they are not living with dignity. It's like having a plant that gets just enough water to survive but doesn't have sunlight or soil to thrive. For individuals to enjoy a full life, they need not just survival but the means to flourish.

Preventive detention can be extended only for three months. After three months such a case is brought before an advisory board for review.

Preventive detention refers to the practice of detaining an individual without trial when there is a belief that they may commit a crime or pose a threat to society. This process is meant to keep society safe but is limited to three months, after which a review is required by an advisory board to determine whether the detention is still justified. This protects individuals from being held indefinitely without cause.

This is somewhat like having a security guard at a mall who can escort someone out if they are suspected of shoplifting. However, the guard can't just keep them outside forever without checking in with the manager after a set time to see if the suspicion was valid. It ensures a balance between safety and personal freedom.

To ensure a fair trial in courts, the Constitution has provided three rights: no person would be punished for the same offence more than once, no law shall declare any action as illegal from a backdate, and no person shall be asked to give evidence against himself or herself.

The rights of the accused include important protections to ensure justice. Firstly, you cannot be punished twice for the same crime; secondly, laws cannot punish acts that were not considered illegal when they were done; and lastly, individuals cannot be forced to testify against themselves. These rights protect individuals from government abuse and ensure fairness in the judicial process.

Consider a school where a student is accused of cheating on a test. They can't be punished with detention twice for the same incident, nor can new rules be made to punish them retroactively. Furthermore, the school can't force this student to admit to cheating if it would mean getting in trouble; they must be able to defend themselves.

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