Context: As we mark 75 years of the Constitution of India, we need to look at the right to personal liberty, which is a core constituent of an idea of justice.
Relevance of the Topic: Mains: Right to personal liberty: Evolution and emerging threats to personal liberty.
Right to Personal Liberty
- Article 21: Protection of life and personal liberty: No person shall be deprived of his life or personal liberty, except according to procedure established by law.
Evolution of Personal Liberty under Article 21 over the past 75 years
- Initial Interpretation: In 1950, Article 21 was interpreted narrowly, emphasis was laid primarily on the physical aspect of personal liberty.
- A.K. Gopalan vs. State of Madras (1950): The landmark case established that personal liberty was limited to the physical body, without wider rights such as freedom of movement.
- Maneka Gandhi Case (1978): It expanded the scope of Article 21, the right to life includes the right to live with dignity and lead a meaningful life. The Supreme Court held that personal liberty encompasses various rights, including the right to travel abroad and right to livelihood.
- Olga Tellis Case (1985): Right to livelihood as an integral part of the right to life. The court ruled that deprivation of livelihood without due process violates Article 21.
Expansion of Rights
Over the period, Article 21 has been interpreted to include wider rights such as privacy, health, clean environment etc., which reflects a more inclusive understanding of personal liberty. The Supreme Court has emphasised that these rights are essential for ensuring individual dignity and a meaningful existence.
- Right against Illegal Detention: In the case of D.K. Basu vs. State of West Bengal, the Supreme Court laid down the guidelines to be followed by the Central and the State investigating authorities in all cases of arrest and detention.
- Right to Speedy Trial: Indian Judiciary in the case of Hussianara Khatoon vs. the State of Bihar, has made it settled decision that the right to speedy trial is an inalienable right under Article 21 of the Indian Constitution.
- Right to Privacy: In the recent and the most debated case of Justice K.S. Puttuswamy (Retd.) vs. Union of India and Other, the Supreme Court’s 9 judges constitutional bench held privacy to be a fundamental right under the Constitution of India. The Privacy Bench unanimously held that the right to privacy is a fundamental right protected under the Constitution.
- Right over one's Intimate Relations: In the case of Navtej Singh Johar v. Union of India (2018), SC said that the Right to dignity means the right to "full personhood", and "includes the right to carry such functions and activities as would constitute the meaningful expression of the human self." In this case, a very important aspect of human dignity was talked about - the control over one's own intimate relations.
Role of Judiciary in Upholding Constitutional Justice and Personal Liberties
- The judiciary has been instrumental in advancing constitutional justice and safeguarding personal liberties. Landmark rulings such as the Puttaswamy case affirmed privacy as a fundamental right under Article 21, setting a significant precedent for individual rights.
- Recently, in Association for Democratic Reforms v. Union of India (2024), the Supreme Court struck down the 2018 Electoral Bond Scheme, declaring it unconstitutional for infringing on voters’ right to information under Article 19(1)(a).
Emerging Threats to Personal Liberty
Despite judicial interventions, threats to personal liberty persist, which is exacerbated by legislative and executive actions in the form of:
- Preventive Detention Laws: Authorities frequently misuse preventive detention laws to hold individuals without trial on vague pretexts.
- Arbitrary Arrests: Laws like the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities Prevention Act (UAPA) are often invoked without substantial evidence, leading to prolonged detentions and undermining the principle of “innocent until proven guilty.”
- Curtailment of Free Speech: Increased governmental censorship restricts dissenting voices, with websites, social media accounts, and media outlets often blocked or sanctioned for dissent. This stifles public discourse and compromises the right to information under Article 19. (Recent case of Wikipedia)
- Crackdown on Activists and NGOs: Civil society organizations and human rights activists face growing challenges such as raids, asset freezes, and cancellation of licenses under stringent foreign funding laws.
- Internet Shutdowns: Despite Anuradha Bhasin verdict, India continues to lead globally in the frequency of internet shutdowns, which disproportionately affects marginalized communities by denying access to education, healthcare, and essential services.
- Data Privacy: The increasing use of surveillance technologies raises concerns about data privacy and state overreach. Without robust safeguards, individuals risk unlawful intrusion into their personal lives. (Pegasus issue)
- Judicial Delays: Delayed hearings in sensitive cases, including habeas corpus and bail applications (Bhima Koregaon), weaken the judiciary’s ability to act as a timely protector of rights.
Steps to Address these Issues
- Reforming Preventive Detention Laws: Tighten legal frameworks to limit the use of detention without trial, ensuring strict judicial oversight and accountability.
- Ensuring accountability in Arrests: Courts must rigorously evaluate the grounds of arrests under stringent laws like PMLA and UAPA to prevent misuse and uphold due process.
- Safeguarding Free Speech: Enact legislative protections against arbitrary censorship and ensure that media and digital platforms can operate independently.
- Empowering Civil Society: Create a supportive regulatory environment that enables NGOs and activists to operate without fear of reprisal, fostering transparency and accountability.
- Ending unjustified Internet Shutdowns: Introduce clear, enforceable guidelines to prevent arbitrary shutdowns, ensuring continuous access to digital infrastructure for all.
- Strengthening Privacy Protections: Comprehensive data protection legislation to regulate surveillance practices and safeguard personal data from misuse.
- Improving Judicial Efficiency: Improve judiciary’s capacity by appointing more judges, modernizing court infrastructure, and leveraging technology to expedite case resolutions.
- Enhancing access to Legal Aid: Increase funding and support for legal aid programs to ensure that marginalised communities can effectively defend their rights.