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True Colors of a Vile Wife

Various rights covered under Article 21 (Protection of life and personal liberty) of Constitution of India

Posted on December 3, 2018 by ShadesOfKnife

Over the years and decades, Article 21 of the Constitution of India has been expanded a lot, to cover various rights of individuals with changing times and needs of society. Listed below are some.

Article 21 provides, “No person shall be deprived of his life or personal liberty except according to procedure established by law.“


A screen-capture from a training session on the Unacademy platform, lists several rights available under Article 21.


During 1950-1955

  1. A.K. Gopalan Vs The State Of Madras, Union Of India on 19 May, 1950: Detention under the doctrine of “procedure established by law” is valid detention. (Overruled)
  2. M.P. Sharma And Ors. Vs Satish Chandra, District Magistrate, Delhi on 15 March, 1954: Right to Privacy. (Overruled)

 

During 1956-1960

During 1961-1965

  1. Kharak Singh Vs The State Of U.P. & Others on 18 December, 1962: Right to privacy. (Overruled)
  2. The State Of Uttar Pradesh vs Mohammad Naim on 15 March, 1963: https://indiankanoon.org/doc/1498181/
  3. State Of Maharashtra vs Prabhakar Pandurang & Another on 6 September, 1965: Right to Write a Book

During 1966-1970

  1. Satwant Singh Sawhney Vs Assistant Passport Officer, New Delhi on 10 April, 1967: Right to travel abroad
  2. Rustom Cavasjee Cooper vs Union Of India on 10 February, 1970: Fundamental Rights are not silos but they are inter-connected. Nationalization Case. Right to compensation. (Overruled A.K. Gopalan V State of Madras)

During 1971-1975

  1. Kesavananda Bharati Sripadagalvaru and Ors Vs State Of Kerala And Anr on 24 April, 1973: Doctrine of Basic Structure of Constitution of India. (Overruled A.K. Gopalan V State of Madras)
  2. Govind Vs State Of Madhya Pradesh & Anr on 18 March, 1975: Right to Privacy. (Overruled)

During 1976-1980

  1. Additional District Magistrate, Jabalpur Vs S. S. Shukla Etc. Etc on 28 April, 1976: Right to Move Courts For Remedies (Overruled).
  2. Hussainara Khatoon v. Home Secretary, State of Bihar 1979: Right to Speedy Trial, Legal Aid
  3. Maneka Gandhi Vs Union Of India on 25 January, 1978: Right to have fair, just and reasonable procedure
  4. Babu Singh And Ors vs The State Of U.P on 31 January, 1978: Right to Bail
  5. Madhav Hayawadanrao Hoskot Vs State Of Maharashtra on 17 August, 1978: Right to Legal Aid, Right to Appeal
  6. Sunil Batra Etc Vs Delhi Administration And Ors. Etc on 30 August, 1978: Right against Solitary Confinement
  7. Charles Sobhraj Vs Superintendent, Tihar Jail on 31 August, 1978: Right against Bar Fetters
  8. Sunil Batra Vs Delhi Administration on 20 December, 1979: Right of Prisoner to Free Legal Aid
  9. Prem Shankar Shukla vs Delhi Administration on 29 April, 1980: Right against hand cuffing
  10. Khatri and Others Vs State of Bihar and Ors on 19 December, 1980 : right to free legal services is inalienable from Article 21

During 1981-1985

  1. Francis Coralie Mullin Vs The Administrator, Union Territory of Delhi on 13 January, 1981: Right To Live with Human Dignity, Interviewed by Advocate and family members
  2. Khatri and Ors Vs State of Bihar and Ors on 10 March, 1981: statement made before a police officer in the course of an investigation not to be signed
  3. People’s Union For Democratic Rights & Others vs Union Of India & Others on 18 September, 1982: Right to Minimum Wages
  4. Board Of Trustees Of The Port Of … vs Dilipkumar Raghavendranath … on 17 November, 1982: https://indiankanoon.org/doc/1787020/
  5. T.V.Vatheeswaran Vs State Of Tamil Nadu on 16 February, 1983: Right against Delayed Execution; Delay in executing death sentence is inherently violative of Dignity of Life (Overruled)
  6. Sher Singh & Others vs The State Of Punjab on 24 March, 1983: Right against Delayed Execution; https://indiankanoon.org/doc/1166797/ (Overruled T.V.Vatheeswaran)
  7. Mithu Vs State Of Punjab on 7 April, 1983: Struck down of 303 IPC
  8. State Of Maharashtra Vs Chandrabhan Tale on 7 July, 1983: Sustenance allowance even after conviction pending appeal; https://indiankanoon.org/doc/1184378/
  9. Rudul Sah vs State Of Bihar And Another on 1 August, 1983: Right to receive compensation; https://indiankanoon.org/doc/810491/
  10. Deena @ Deena Dayal Etc. Etc vs Union Of India And Others on 23 September, 1983: Death by Hanging not Violative of Article 21; https://indiankanoon.org/doc/888451/
  11. Bandhua Mukti Morcha Vs Union of India and Ors on 16 Dec 1983: (Right to Dignity of Live)
  12. Rural Litigation And Entitlement … vs State Of U.P. & Ors on 12 March, 1985: https://indiankanoon.org/doc/1949293/
  13. Olga Tellis & Ors vs Bombay Municipal Corporation & … on 10 July, 1985: Right to Work; https://indiankanoon.org/doc/709776/
  14. Attorney General of India v. Lachma Devi: Right against Public Hanging; http://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=005891763000

During 1986-1990

  1. M.C. Mehta And Anr vs Union Of India & Ors on 20 December, 1986: Right to have clean Environment; https://indiankanoon.org/doc/1486949/
  2. T. Damodhar Rao And Ors. vs The Special Officer, Municipal … on 20 January, 1987: https://indiankanoon.org/doc/205063/
  3. Sheela Barse Vs State Of Maharashtra on 18 September, 1987: Right of prisoners to be Interviewed/ right against custodial violence
  4. Reliance Petrochemicals Ltd vs Proprietors Of Indian Express Newspapers on 23 September, 1988: Right to know; https://indiankanoon.org/doc/1351834/
  5. Kiran Bedi & Ors vs Committee Of Inquiry & Anr on 4 January, 1989: Right to Reputation
  6. Pt. Parmanand Katara vs Union Of India & Ors on 28 August, 1989: Right to Medical Care
  7. M/S. Shantistar Builders vs Narayan Khimalal Totame And Others on 31 January, 1990: Right to Shelter.
    1. Shantistar Builders Vs Narayan Khimalal Gotame & Ors. Etc on 17 November, 1995
    2. Further elaborated in ‘Chameli Singh’ case.
  8. Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990: Right To Livelihood; https://indiankanoon.org/doc/268805/

During 1991-1995

  1. Subhash Kumar vs State Of Bihar And Ors on 9 January, 1991: Right to get Pollution Free Water and Air; https://indiankanoon.org/doc/1646284/
  2. Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr on 10 Dec 1991: Right to Speedy Trial, Reiterated Hussainara Khatoon in 1979
  3. Miss Mohini Jain vs State Of Karnataka And Ors on 30 July, 1992: Right to Education; https://indiankanoon.org/doc/40715/
  4. Unni Krishnan, J.P. And Ors. Etc. … vs State Of Andhra Pradesh And Ors. … on 4 February, 1993: Right to receive education upto the primary stage, Multiple rights https://indiankanoon.org/doc/1775396/
  5. D.K. Yadav vs J.M.A. Industries Ltd on 7 May, 1993: https://indiankanoon.org/doc/427114/
  6. Joginder Kumar vs State Of U.P on 25 April, 1994: Right against Illegal Detention; https://indiankanoon.org/doc/768175/
  7. P. Rathinam/Nagbhusan Patnaik vs Union Of India And Another on 26 April, 1994: https://indiankanoon.org/doc/66070774/
  8. Delhi Domestic Working Women’s Forum Vs Union Of India And Others on 19 October, 1994: Compensation to Rape victims https://indiankanoon.org/doc/1765970/
  9. Consumer Education and Research Centre & Others Vs Union of India & Others on 27 January, 1995: Right to Health; https://indiankanoon.org/doc/1657323/
  10. M.J. Sivani And Ors vs State Of Karnataka And Ors on 17 April, 1995: https://indiankanoon.org/doc/694951/
  11. U.P. Avas Evam Vikas Parishad & Anr vs Friends Coop. Housing Society on 24 April, 1995: Right to Shelter; https://indiankanoon.org/doc/967399/
  12. L.I.C. of India v. Consumer Education and Research Centre on 10 May, 1995: Right to Social Security and Protection of Family; https://indiankanoon.org/doc/1513693/
  13. Chameli Singh vs State Of U.P on 15 December, 1995: Right to Shelter; https://indiankanoon.org/doc/18928039/ (Earlier HC Judgment: https://www.casemine.com/judgement/in/5ac5e29e4a932619d901432f)
  14. Shri Bodhisattwa Gautam vs Miss Subhra Chakraborty on 15 December, 1995: Right against Rape; https://indiankanoon.org/doc/642436/

During 1996-2000

  1. Smt. Gian Kaur vs The State Of Punjab on 21 March, 1996: Euthanasia and Right to Life; https://indiankanoon.org/doc/217501/
  2. Vellore Citizens Welfare Forum vs Union Of India & Ors on 28 August, 1996: Right to fresh air, clean water and pollution free environment; https://indiankanoon.org/doc/1934103/
  3. People’S Union Of Civil Liberties … vs Union Of India (Uoi) And Anr. on 18 December, 1996: Tapping of Telephone; https://indiankanoon.org/doc/31276692/
  4. Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P on 18 December, 1996: Rights of arrested persons against torture and illegal detention; https://indiankanoon.org/doc/501198/
  5. Mrs. Pragati Varghese And Etc. vs Cyril George Varghese And Etc. on 6 May, 1997: https://indiankanoon.org/doc/1401518/
  6. Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997: Right Against Sexual Harassment at Workplace; https://indiankanoon.org/doc/1031794/
  7. Chandra Rajakumari And Anr. vs Commissioner Of Police, … on 27 October, 1997: Beauty contests can be obscene; https://indiankanoon.org/doc/1317411/
  8. Vineet Narain & Others Vs Union Of India & Another on 18 December, 1997: Right to Public Trial
  9. Mr. ‘X’ vs Hospital ‘Z’ on 21 September, 1998: Right to Marriage (Disclosure of Dreadful Diseases); https://indiankanoon.org/doc/382721/
  10. Apparel Export Promotion Council vs A.K. Chopra on 20 January, 1999: https://indiankanoon.org/doc/856194/
  11. Capt.M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr on 30 March, 1999: https://indiankanoon.org/doc/888207/
  12. The Chairman, Railway Board & Ors vs Mrs. Chandrima Das & Ors on 28 January, 2000: https://indiankanoon.org/doc/113663/

During 2001-2005

  1. Seeta Hemchandra Shashittal and Anr Vs State of Maharashtra and Ors on 13 Feb 2001: Right of Speedy Trial
  2. Murli S. Deora vs Union Of India And Ors on 2 November, 2001: Smoking in public place; https://indiankanoon.org/doc/1495522/
  3. PUCL v UOI on Nov 30 2001: Right to Food; https://www.escr-net.org/caselaw/2006/peoples-union-civil-liberties-v-union-india-ors-supreme-court-india-civil-original
  4. People’s Union of Civil Liberties (P.U.C.L.) & Anr. Vs Union Of India & Anr on 13 March, 2003: Right to know election contestant information
  5. State Of Bihar vs Lal Krishna Advani & Ors on 16 September, 2003: https://indiankanoon.org/doc/211801/
  6. In Re: Noise Pollution (Forum, Prevention of Envn. and Sound Pollution) on 18 July, 2005: Right Against Noise Pollution; https://indiankanoon.org/doc/1709298/

During 2006-2010

  1. Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors on 8 March, 2006: Right to Fair Trial; https://indiankanoon.org/doc/1067991/
  2. Lata Singh Vs State of U.P. and Another on 7 July, 2006: (Right to Marry a person of one’s choice)
  3. Husband tapping wife conversations https://indiankanoon.org/doc/1058685/
  4. Swapan Kumar Saha vs South Point Montessory High … on 19 September, 2006, Overloading of bus https://indiankanoon.org/doc/416937/
  5. State Of Maharashtra vs Public Concern For Governance … on 4 January, 2007: https://indiankanoon.org/doc/404911/
  6. Pankaj Kumar Vs State of Maharashtra and Ors on 11 Jul 2008: Right to Speedy Trial
  7. Sukhwant Singh & Ors vs State Of Punjab on 18 May, 2009: Right to Reputation; https://indiankanoon.org/doc/1737184/

During 2011-2015

  1. Amar Singh Vs Union Of India & Ors on 11 May, 2011: Trying to misuse Article 21
  2. In Re Ramlila Maidan Incident Dt. 4.06.2011 Vs UOI and Ors on 23 February 2012: Right to Sleep
  3. Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012:
  4. Manohar Lal Sharma Vs The Principle Secretary & Others on 17 December, 2013: No prior permission required to inquire a public servant.
  5. Dr.Subramanian Swamy Vs Director, CBI & Anr on 6 May, 2014: Struck down the ‘Single Directive’
  6. Justice K.S.Puttaswamy(Retd) & Anr Vs Union Of India & Ors on 11 August, 2015, 24 August, 2017 and 26 September, 2018: Right to Privacy (Aadhaar Card case)

During 2016-2020

  1. Refusal to grant bail without recording reasons : https://indiankanoon.org/doc/16902738/
  2. detained in custody by adopting totally faulty and illegal process :
  3. Subramanian Swamy Vs Union of India on 13 May, 2016: Right to Reputation
  4. Common Cause (A Regd. Society) vs Union Of India on 9 March, 2018: Right to die with dignity; https://indiankanoon.org/doc/184449972/
  5. Shakti Vahini vs Union Of India on 27 March, 2018: Righ to choose life partner; https://indiankanoon.org/doc/92846055/
  6. Navtej Singh Johar Vs Union of India on 6 September, 2018: Right to choose sexual partner
  7. Swapnil Tripathi Vs Supreme Court of India on 26 September, 2018: Right to access to legal proceedings
  8. Reena Hazarika Vs State of Assam on 31 Oct 2018: Right to submit defence viewpoint by way of proceedings u/s 313 CrPC
  9. Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020: (Allahabad High Court: Right of protection from sound pollution; Right to sleep)
  10. Vineet Ruia Vs Govt of West Bengal & Ors: (Right to decent burial)
  11. Arun Sharma Vs State of M.P. on 02 Nov 2020: (Madhya Pradesh High Court: Parading suspects to media/public is violative of Article 21-Right to decency/Dignity/Privacy)
  12. Subhranshu Rout @ Gugul Vs State of Odisha on 23 Nov 2020: (Right to be forgotten; Videos/Photos of a Rape survivor on Facebook servers)

 

During 2021-2025

 

Dismissed Petitions:

  1. D. Bhuvan Mohan Patnaik & Ors vs State Of Andhra Pradesh & Ors on 9 September, 1974: https://indiankanoon.org/doc/353351/ [1974 AIR 2092], [1975 SCR (2) 24]

 


 

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