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Shambasiv (n/a)     01 November 2007

Constitution

[align=center]Article 21: [/align]
[align=center]No person shall be deprived of his life and personal liberty except according to procedure established by law.[/align]
[align=justify]""Article 21: protects right to life as fundamental right. Enjoyment of life and its attainment including right to life with human dignity encompasses within its ambit, the protection and preservations of environment, ecological balance free from pollution of air and water, sanitation without which life cannot  be enjoyed. Any contra acts or actions  would cause environmental pollution. Environmental, ecological, air, water, pollution etc. should be regarded as amounting to violation of Article 21.""

The Supreme Court in Virender Gaur v . State of Haryana, (1995) 2 SCC 577 (at 580).

""Even though, laws have been passed for the protection of environment, the enforcement of the same has been tardy, to say the least.. The effort of this Court while dealing with public interest litigation, relating  to environmental issues, is to see that the executive authorities take steps for implementation and  enforcement of law... Passing of appropriate orders requiring the implementation of the law cannot be regarded as the court having usurped the functions of the legislature or the executive. The order are passed and directions  are issued by the court in discharge of its judicial function.

The Supreme Court in Indian Council for Enviro-Legal Action v. Union of India (1996) 5 SCC 281 (at 300, 294).
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Learning

 2 Replies

Shambasiv (n/a)     01 November 2007

[align=justify]""Prisoners are entitled to all constitutional rights unless their liberty has been constitutionally curtailed. His interest in the limited liberty left to him is then all the more substantial. Conviction for crime does not reduce the person into a non person whose rights are subject to the whim of the prison administration... therefore, any imposition of any major punishment within the prison system is conditional upon the observance of procedural safeguards... The liberty to move, mix, mingle, talk, share company with co-prisoners if substantially curtailed, would be violative of Article 21 unless the curtailments has the backing of law.. The word 'law' in the expression 'procedure established by law' in Article 21 has been interpreted to mean... law which is right, just and fair, and not arbitrary, fanciful or oppressive.""

- The Supreme Court in Sunil Batra v. Delhi Administration, (1978) 4 SCC 494, (at 568, 574).[/align]

ritu bhadana (advocate)     31 March 2009

thnx a lot


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