Of all rights the right to life and personal liberty is the most crucial of all
the fundamental rights . The other rights add quality to the life that is being
referred to in article 21 of the Indian constitution and depend on the
pre-presence of life itself for their own function.
Right to life is fundamental because without it we can not live as a person and
it also incorporates all those aspects of life which makes the lives the of a
person purposeful and gives a life a meaning .
Does this answer the question given above " Are non citizens entitled to the
right of life and personal liberty?"
Article 21 of the Indian Constitution clearly states that:
"No person shall be deprived of his life or personal liberty except according to
a procedure established by the law"
Clearly this article support the most fundamental right for we have the right to
our own personal liberty.
The right has been held to be the CORE of the Constitution the most natural
reformist provision in our living Constitution and the foundation of all the
The only circumstance where by article 21 is claimed is when a person is
deprived of his life or personal liberty by the state as clearly stated in
Article 12 of the Indian Constitution.
Article 21 applies to natural people, and the right is accessible to every
individual , citizen or even alien. Thus even a foreigner is obliged to the
right of life and personal liberty
Case Laws Associated with Article 21 (The right to life and Personal Liberty)
Kharak Singh v. State of Uttar Pradesh 1963 "Life" in this case utilized something more is implied than simple animal
existence as cited by the Supreme Court of India . The restrain against its
hardships reaches out to all those appendages and resources by which life is
appreciated . The provision equally disallows the mutilation of the body by
removal of an armoured leg or plucking an eye out or the removing of any
other organ of the body through which the spirit communicates with the
Sunil Batra v. Delhi Adminstration 1978 The emphasis of the Supreme Court on this is that it held the right to life
incorporated the right to lead a healthy life so as to enjoy all resources
of the human body in their original form.
It might also incorporate the protections of one's culture , heritage
traditional belief and other important rituals and aspects of a human life.
The Right to life Includes:
- The right to live with Human Dignity
- Right to no sexual harassment
- Right to education
- Right to reputation
The entitlement of human rights to foreigners is a must. Why? Article 21 talks
about the right to life and personal liberty and this right is a basic human
right given the stats that every human whether citizen or non citizen deserve to
be recognised under article 21
Written By: Malven Takudzwa Saunyama