INTRODUCTION

Universal Declaration of Human Rights Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of
all members of the human family is the foundation of freedom, justice and peace in
the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts
which have outraged the conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and freedom from fear and
want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort,

to rebellion against tyranny and oppression, that human rights should be protected
by the rule of law,
Whereas it is essential to promote the development of friendly relations between
nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith
in fundamental human rights, in the dignity and worth of the human person and in
the equal rights of men and women and have determined to promote social progress
and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the
United Nations, the promotion of universal respect for and observance of human
rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest
importance for the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in mind, shall strive by
Article 21 reads as:

“No person shall be deprived of his life or personal liberty except according to a procedure
established by law.”

According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance

in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna
carta protective of life and liberty.

This right has been held to be the heart of the Constitution, the most organic and progressive
provision in our living constitution, the foundation of our laws.

Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by
the “State” as defined in Article 12. Violation of the right by private individuals is not within
the preview of Article 21.

Article 21 secures two rights:

1) Right to life

2) Right to personal liberty

The Article prohibits the deprivation of the above rights except according to a procedure
established by law .Article 21 corresponds to the Magna Cartaof 1215, the Fifth Amendment
to the American Constitution, Article 40(4) of the Constitution of Eire 1937, and Article XXXI
of the Constitution of Japan, 1946.

Article 21 applies to natural persons. The right is available to every person, citizen or alien.
Thus, even a foreigner can claim this right. It, however, does not entitle a foreigner the right to
reside and settle in India, as mentioned in Article 19 (1) (e).

MEANING AND CONCEPT OF ‘RIGHT

TO LIFE’
‘Everyone has the right to life, liberty and the security of person.’ The right to life is
undoubtedly the most fundamental of all rights. All other rights add quality to the life in
question and depend on the pre-existence of life itself for their operation. As human rights can
only attach to living beings, one might expect the right to life itself to be in some sense primary,
since none of the other rights would have any value or utility without it. There would have been
no Fundamental Rights worth mentioning if Article 21 had been interpreted in its original
sense. This Section will examine the right to life as interpreted and applied by the Supreme
Court of India.