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:

Article 21 is the heart of the fundamental rights in the Indian Constitution. For exams, remember that its interpretation is very wide. Any option that promotes human dignity, fairness, and a civilized standard of life is likely to be considered a part of Article 21.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Article 21 of the Constitution of India guarantees the "Right to life and personal liberty". The Supreme Court of India, through decades of judicial interpretation, has expanded the scope of this fundamental right immensely. It is not merely about animal existence but includes the right to live with human dignity.

Step 2: Detailed Explanation:
The Supreme Court has held that "personal liberty" under Article 21 includes a wide array of rights. Let's examine the options in this context:
- (A) Right against custodial violence: In cases like D.K. Basu v. State of West Bengal, the Supreme Court held that custodial violence is a naked violation of human dignity and is prohibited by Article 21.
- (B) Right of under trials to be separated from convicted prisoners: The Supreme Court has repeatedly held that undertrials should not be kept with convicted prisoners as it violates their rights under Article 21. It is presumed that they are innocent until proven guilty.
- (C) Right against Public hanging: In the case of Attorney General of India v. Lachma Devi, the Supreme Court held that public hanging would be a barbaric and degrading punishment, thus violating Article 21.
Since all these rights have been recognized by the judiciary as flowing from Article 21, the correct answer is (D).

Step 3: Final Answer:
The right to personal liberty under Article 21 has been interpreted to include the right against custodial violence, the segregation of undertrials from convicts, and the right against public hanging.