- Article 21 guarantees the Right to Life and Personal Liberty. The Supreme Court has given a very broad and expansive interpretation to this right. - Statement 1: The Supreme Court in NALSA v. Union of India (2014) held that the right to life and personal liberty under Article 21 includes the right to gender identity and personal dignity for transgender persons. - Statement 2: The right to life under Article 21 includes the right to a dignified life, physical integrity, and access to necessary medical care. Complex medical situations, such as those involving conjoined twins, clearly involve fundamental questions about the right to life and bodily autonomy protected under Article 21. - Statement 3: The right to personal liberty under Article 21 includes reproductive autonomy and the right to make decisions about one's body, including the right to bear children. While complex considerations exist for individuals with mental disabilities, their fundamental rights under Article 21, including aspects of reproductive rights, are protected and cannot be arbitrarily denied.
It has held that the procedure established by law must be fair, just, and reasonable, effectively incorporating elements of 'due process of law' into Article 21. However, the constitutional text itself uses 'procedure established by law'. - Statement b is correct. Article 20(2) enshrines the principle of 'Double Jeopardy', stating that no person shall be prosecuted and punished for the same offence more than once. - Statement c is correct. Article 14 guarantees equality before the law and equal protection of the laws to all persons within the territory of India. 302. Article 21 of the Constitution of India includes 1. Rights of transgenders 2. Rights of craniopagus twins 3. Rights of mentally retarded women to bear a child Select the correct answer using the code given below.
Asked in UPSC CDS 2 2017 · Topic: Fundamental Rights (Right to Freedom (Articles 19-22), including Right to Life and Personal Liberty (Article 21))
More Indian Polity and Governance questions
- Consider the following statements: (a) No person shall be prosecuted and punished for the same offence more than once, including any departmental proceedings. (b) The protection against self-incrimination extends to both oral evidence and documentary evidence. (c) The protection against self-incrimination extends to both criminal and civil proceedings.
- Fundamental right guaranteed under which one of the following Articles of the Constitution of India is available only to the citizens of India ?
- Which of the following statements with regard to Article 19(1) of the Constitution of India is/are correct ? 1. Freedoms under this Article are not absolute 2. Reasonable restrictions can be imposed on the exercise of freedoms under this Article Select the answer using the code given below :
- Article 21 of Indian Constitution secures :
- The Right to Education for all between 6 and 14 years of age has been included as a Fundamental Right in the year:
- Which of the following statements are correct in respect of ‘Procedure established by Law’ and ‘Due process of Law’? (I) Under the principle of ‘Procedure established by Law’, as long as the government follows the procedures it has established, it’s actions are considered valid, even if they may appear unfair, or unjust to individuals (II) ‘Due Process of Law’ doctrine not only checks if there is a Law to deprive the life and personal liberty of a person but also sees if the Law is fair, just and not arbitrary. (III) ‘Procedure established by Law’ is an American doctrine and ‘Due Process of Law’ is Indian constitutional doctrine.
- Which one of the following statements is correct in respect of Art. 21 of Indian Constitution?
- Which of the following statements are correct in respect of 'Right to Education'? Art. 21(A) of Indian Constitution provides Right to Education for free and compulsory education to all Right to Education Act was passed by Indian Parliament on August 4, 2009 Right to Education came in to force on November 14, 2009 Art. 21 (A) was inserted in the Constitution by 86th Constitutional Amendment Act, 2004