CONCEPT
Every person has the right to life library and security. Among all the fundamental right the right to life is unquestionably. Right to life means that no body can interfere in your freedom including government also. The people have human rights which protect their life and give them right to life. Right to life is concept which explain under the fundamental rights, that the citizen have rights to enjoy there life on there ways no body can stop them or restrictions on there fundamental rights.
The word “personal library” in Article 21[1] means nothing more than the liberty of the physical body, that is, freedom from arrest and detention without the authority of law. Personal liberty is one of the oldest concept which is safeguard by national court. The right to personal liberty as understood means in human rights not to be subjected to arrest any mode that does not admit to legal justification.
Personal liberty was not only merely the liberty of body, it also includes the other, freedom from restraintion and the law shall bind no person. Personal liberty was a widest concept that covers all the various rights. Right to personal liberty also means that free from the unnecessary restriction by the law on the member of the socity.
Every citizen has a right to life, liberty and the security. Among all the fundamental rights, right to life is unquestionably. The right to life and personal liberty is all about the development of human beings life. The right to life is a moral principle based on the right of freedom of peoples. The government should always take a proper measures or action to protect the life of peoples by making laws to protect citizen of their country and also in some conditions, by taking an good step to safeguard there states peoples at any risk.
There are many laws making by the government, which in any circumstance if a person might put in danger and if state was involve on that then the people might have the right to investigate. The main aim of the state to carry out the “justice”. According to the Constitution parliament and the State legislature in India have the power to make law. The meaning of personal liberty is that the citizen of state have there right arrest or detent according to law or if the person is guileless then he have right to protect there legal rights in such conditions. The right to personal liberty was an personal freedom in which no government can abbreviate.
ARTICLE 21
“No person shall be deprived of his life or personal liberty expect according to procedure established by law” [2]
The Article 21 explain about the protection to life and personal liberty, it protects the freedom of citizen. Two teams of Article 21:- First, “Due process of law”(USA).and second,”Procedure established by law”(India). The term “produce established by law” in India it taken from Japan. And in USA if citizen were deprive by law the tha term due process of law used, and in India it’s produce established by law was used. This rights are for both the citizens as well as non-citizen. And for those also how not have the knowledge about this concept.
Due process of the law is a very unique clause of the americanConstitution. It is very broad and formative concept. It is difficultto give the accurate definition which could explain it in very well manner. Due process of law literal meaning of it is ‘guarantee of fair procedure’. The Constitution promises there citizen or individual that government will not deprive him of life, liberty or property without due process of law. After having the brought explanation of life and liberty, now we will deal with the term”procedure established by law”. It does not have the same meaning as express in the due process of law. Procedure established by law express the wider connotation than the expression used in the Indian Constitution.
The Article 21 even thought to frame in negative language, established the person the fundamental right to life and personal liberty and it become the infinite source of many rights. It has the fundamental right for everyone who lives in country shall be live freely in the socity with the right that was enshrined in Article 21.
In Article 21 the right to life is not only with the physical existence of life but it is also for the other elements. Article 21 has proved to be avery fruitful source of right of the peoples.
[1] Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.
[2] Article 21
Categories: law and order