A STUDY ON ARTICLE 21 AND ITS ROLE IN PROTECTING HUMAN RIGHTS

AUTHOR – DIVYANSHI TIWARI* & DR. ROSHNI SHRIVASTAVA**

* STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSOCIATE PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – DIVYANSHI TIWARI & DR. ROSHNI SHRIVASTAVA, A STUDY ON ARTICLE 21 AND ITS ROLE IN PROTECTING HUMAN RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 133-147, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I417

Abstract

Article 21 of the Constitution of India has evolved into the most significant and dynamic provision for the protection and promotion of human rights. Initially interpreted in a narrow and procedural sense, the provision has undergone a transformative expansion through judicial interpretation, particularly since the landmark decision in Maneka Gandhi v. Union of India. This research paper undertakes a doctrinal and analytical study of Article 21, examining its scope, evolution, and role in safeguarding human dignity within the Indian legal framework.

The study highlights how the judiciary has interpreted the term “life” to include a wide spectrum of derivative rights such as the right to livelihood, health, education, privacy, and a clean environment. It further analyses the intersection of Article 21 with various statutory laws, including criminal, environmental, and digital regulations, thereby demonstrating its integrative role in ensuring substantive justice. The paper also explores the alignment of Article 21 with international human rights instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

Additionally, the research addresses contemporary challenges, including digital surveillance, artificial intelligence, and environmental degradation, which test the adaptability of Article 21 in modern governance. Despite its expansive interpretation, issues such as implementation gaps, judicial delays, and socio-economic inequalities continue to hinder its full realization. The paper concludes by emphasizing the need for institutional reforms and stronger enforcement mechanisms to uphold the constitutional promise of life and personal liberty.

Keywords: Article 21, Right to Life, Human Rights, Constitutional Law, Judicial Activism, Due Process, Privacy, Environmental Rights, Indian Legal System, Fundamental Rights