Article 21 Rights And Criminal Law
What is Article 21?
Article 21 of the Indian Constitution states:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
This Article guarantees the right to life and personal liberty and is the cornerstone of criminal law protection in India.
Importance of Article 21 in Criminal Law
Protection against arbitrary arrest and detention.
Right to a fair and speedy trial.
Right to legal aid and representation.
Right to humane treatment and dignity in custody.
Right to bail and protection from excessive punishment.
Over time, the Supreme Court expanded Article 21 to include several procedural and substantive safeguards.
Key Cases Illustrating Article 21 in Criminal Law
1. Maneka Gandhi v. Union of India, AIR 1978 SC 597
Facts: Maneka Gandhi’s passport was impounded without notice or hearing.
Judgment: The Supreme Court ruled that any procedure depriving life or liberty must be "fair, just, and reasonable" and not arbitrary.
Impact on Criminal Law: Expanded Article 21’s scope, ensuring that laws affecting personal liberty must meet the test of fairness and reasonableness.
Principle: Due process is an essential part of Article 21; arbitrary state action is unconstitutional.
2. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369
Facts: Thousands of undertrial prisoners languished in jail without speedy trial.
Judgment: The Court held that the right to a speedy trial is part of Article 21.
Significance: Highlighted the protection of personal liberty through speedy trial rights, mandating the state to provide legal aid and fair process.
Outcome: Many undertrials were released; judicial intervention emphasized timely justice as a fundamental right.
3. D.K. Basu v. State of West Bengal, AIR 1997 SC 610
Facts: The case dealt with custodial deaths and police torture.
Judgment: The Supreme Court laid down specific guidelines to prevent illegal detention and custodial torture, reinforcing Article 21.
Key Guidelines: Informing family, medical examination, proper police records, and the right to legal aid.
Impact: Strengthened protection of detainees' rights and curbed police abuse.
4. Khatri v. State of Bihar, AIR 1981 SC 928
Facts: The accused challenged prolonged detention under preventive laws without trial.
Judgment: The Court ruled that prolonged detention without trial violates Article 21.
Principle: Protection from unlawful detention and the right to personal liberty cannot be suspended arbitrarily.
Relevance: Emphasizes safeguards against misuse of preventive detention in criminal law.
5. Arnesh Kumar v. State of Bihar, AIR 2014 SC 1973
Facts: Misuse of Section 498A (dowry harassment) to arrest accused without proper investigation.
Judgment: The Court ruled that arrest is not mandatory in all cases and emphasized the importance of following procedural safeguards under Article 21.
Outcome: Directed police to ensure arrests are made only when necessary and after proper scrutiny.
Significance: Protects individual liberty against arbitrary arrests and highlights judicial oversight.
Summary of Article 21 Protections in Criminal Law
Article 21 mandates fair procedure and due process in all criminal justice actions.
Ensures the right to legal aid, speedy trial, and protection from unlawful arrest and detention.
Safeguards against police torture, custodial deaths, and inhuman treatment.
Requires laws and procedures to be reasonable, just, and non-arbitrary.
Courts have actively expanded Article 21 to include rights implicit in the right to life and liberty.
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