Article 21 - Are we really free and enjoying our liberty

Article 21 is the milestone to the Indian constitution. Among all the fundamental rights, it is considered as one of the most important and unique. It not only provides us the right to move freely but also provides a unique identity to its people. This article has seen many changes since from the date of its incorporation in the constitution. And according to me the changes made were good. The people of this country have a lot of expectations from this article as this article has been turned into a safeguard against arbitrary legislation. The scope of this Article 21 have been expands over the years through judicial pronouncements over the years.

I humbly accept all the provisions which have been stated in our great Indian Constitution related with this article 21. But the main purpose of writing this paper is to show that whether these provisions are really implemented or lawfully followed by the legislators and executives. When I first read about my rights, I was very much happy and proud that the great framers of our Constitution provided us an immunity and protection against the ill diseases of the state. They never let us realised that we the people are common and the bureaucrats and the leaders governing the state are very special and important. They always tried to show us and assure that the bureaucrats and leaders are for us, there work is to protect us, watch every people from same eye, to punish such people who are against the laws of our country and disturb the peace of our society, to provide equal opportunity to everyone according to the provisions stated by the constitution.

But when I see the situations around me I feel at that moment that all the provisions and laws are only for name. There is still a huge gap between a VIP and a common person. The reality is that we are not equal. The Article 14 of Indian Constitution that states, equality before the law and equal protection of law, are not equal for all in our country as I feel. If there is equality then why it happens that a person having MBA degree or B.Tech degree or Phd. are applying for the posts of peons and why such people who don’t have any good grades and eligible qualifications have occupied very responsible and important chairs. Why it happens that the Police have to struggle months to catch a murderer or any criminal but when a VIP’s dog is lost then it is being traced within hours. The common prisoners’ in jail have to wait years and years to get out from jail on parole only for few days, but when a Film Star or any other big VIP is in jail they easily gets parole of even one month. Is it equality? If yes, then honestly speaking I don’t need the immunity of Article 14.

I would not blame the guardian of the Indian Constitution i.e. the Supreme Court because it had taken all the necessary precautions to safeguard the rights of the people of India.  In the famous case of A.K. Gopalan v. State of Madras, (1950) SCR 88, the Apex Court held that protection under Article 21 is available only against arbitrary executive action and not against arbitrary legislative action. In the same case the Apex Court held that personal liberty would only mean liberty relating to the person or body of the individual.

However, in the landmark case of Maneka Gandhi v. U.O.I, AIR 1978 SC 597, The Apex Court overruled its judgment in the Gopalan Case by widely interpreting Article 21. It stated that the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action. It pronounced the expression ‘Personal Liberty’ in Article 21 is of the widest amplitude and it covers a wide range of rights that go to constitute the personal liberties of man.

We have a right to move freely in any place which is lawful and not restricted by law. But many times I have seen that all the shops, schools and colleges are forcibly closed by the political supporters of different political parties. Generally we used to see “Dharna and Band” where the supporters on the order of their leaders used to completely stops everything because of which we the common people have to face many difficulties. We are not allowed to move freely at that time only because of the supporters of the legislators.

There is a part of Article 21 i.e. Article 21A, which was inserted in the constitution by the Eighty-sixth Amendment Act, 2002. This Article provides that-

“The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may by law, determine.” 

This Article also states that the child should not be restricted only to free and compulsory education, but it should be extended to have quality education without discrimination on the ground of child’s economic, social and cultural background.

But it seems that the situation is quite different. The education system in India especially government sponsored institutions are in a pathetic condition. The reality is that there is school buildings in rural areas no doubt about this, but there is no teacher in that schools to teach the students. There is no systematic education system in rural areas where there is the maximum number of children between the age group of 6-14 who are entitled for free education under Article 21A. The quality of teachers in such elementary and primary schools is so poor that the teachers are required to be getting admitted again in schools. The quality of education in such areas are very much poor. The main reasons behind this are poverty, lack of good teachers, and lack of proper infrastructure facilities etc.

The main motive of writing this paper is not to count the drawbacks of the fundamental rights but to show that the dreams which the great framers of our constitution seen for the people of India has been completely reversed.

Satyam Mishra

3rd year law student

S.K Acharya Institute of Law, Kalyani University