Utkarsh Yadav, LLM, Himachal Pradesh National Law University Shimla
ABSTRACT
In every organized society, the rights as guaranteed by the established law to be measured as an individual is not guaranteed by meeting the needs of the animal alone. It is protected only if it is ensured and recognised by all the institutions to develop and does not have any barriers to its growth. All human rights ,which is earlier natural right, are meant to achieve the certain ends and for this purpose is essential to ensure certain elementary rights such as food, water, clean environment, education, health care ought to be reflects as the guaranteed provision by the established provisions of the constitutions of any civilised societies. This ,infact, appears to requisite element for any human life to live such a dignified life. The term 'life' as employed by Article 21 does not merely replace the concept of physical existence with all the good values of life, including the right to earn a living and the right to live. This right can be a fundamental right bound to all people living in India, citizens and non-citizens alike. The right to life including the right to live and work as guaranteed by Article 21 is not reduced to a paper plate but is maintained, strong and vibrant so that the country can successfully adhere to the set policy of public debate as proposed by the founding fathers during the making of the Indian Constitution and its introduction. 'Protection of life and personal liberty' under Article 21 is also not limitless. Hence this research paper intends to analyse constitutional perspective towards the right to life and personal liberty and judicial approach thereof.
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