Question

Right to Personal liberty includes

• A. Right against custodial violence
• B. Right of under trials to separate them from convicted
• C. Right against Public hanging
• D. All of the above

Hint:

When you see a question about the scope of Article 21, remember that the Supreme Court has interpreted it very broadly. If the options include rights related to human dignity, a healthy environment, privacy, or fair treatment in custody, they are likely included within Article 21. "All of the above" is often the correct answer in such cases.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the scope of the "Right to Personal Liberty," which is guaranteed under Article 21 of the Constitution of India ("No person shall be deprived of his life or personal liberty except according to procedure established by law.").

Step 2: Detailed Explanation:
The Supreme Court of India, through a series of landmark judgments, has given a very wide and expansive interpretation to the Right to Life and Personal Liberty under Article 21. It is not merely about physical existence but about living with human dignity.
- (A) Right against custodial violence: In cases like D.K. Basu v. State of West Bengal, the Supreme Court held that torture and violence in police custody are a gross violation of Article 21.
- (B) Right of under trials to be separated from convicts: In Sunil Batra v. Delhi Administration, the Court held that it is a violation of Article 21 to keep under-trial prisoners with convicted criminals, as it exposes them to a brutalizing environment.
- (C) Right against Public hanging: In Attorney General of India v. Lachma Devi, the Supreme Court held that public hanging would be a barbaric and degrading punishment that violates human dignity and is therefore unconstitutional under Article 21.
Since the right to personal liberty, interpreted as the right to live with dignity, includes all these protections, the correct answer is 'All of the above'.

Step 3: Final Answer:
The Right to Personal Liberty under Article 21 includes the right against custodial violence, the right of under-trials to be separated from convicts, and the right against public hanging.