Article 21

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 Topic           Fundamental rights                

           Prelims                             GS-2 mains

                    Constitution of India


                           Article 21 

(Protection of life and personal liberty )

Clause : no person shall be deprived of his life or personal liberty except according to procedure stablished by law 

Part 3rd of constitution of India 

Under fundamental rights (12 to 35)

  • Right to Privacy: it is a fundamental right protected within the constitution of India under the Article 21 as personal liberty which is part of life and personal liberty.
  • Live in relationships: Allahabad high court has said that " live in relationships had become part and parcel of life were required to be viewed from the lens of personal autonomy, arising out of the right to live guaranteed under Article 21 of the constitution of India, rather than the notions of social mortality."
  • Right to marry or choose a person of one's choice : the constitution protects the ability of each individual to pursue a way of life or faith to which she or he seeks to adhere.... The right to marry a person of one's choice is integral part to Article 21 of the constitution of India. This right can not be taken away, except through a law which is substantively and procedurally fair, just and reasonable. Intrinsic to liberty which the constitution guarantees as a fundamental rights is the ability of each individual to make decision on matters central to the pursuit of happiness."
    • The choice of a partner is the exclusive domain of the individual 
    • Liberty of two matured individuals in choosing a partner or their right to freedom of choice as to with whom they would like to live.
    • Therefore,it falls under the ambit of Right to Life under Article 21.
  • Ban of Firecrackers: supreme court said the firecracker ban in the country was not targeted at any community or festival but to protect the right to life of the citizens. People should able to breath free, clear air. This is the protection of fundamental rights of the others to protect right to life. 
    • In 2017, Supreme court banned the use of firecrackers made of Antimony, Lithium, Mercury, Arsenic, Lead and Strontium Nitrate in Firecrackers.
    • In 2018, Supreme Court allowed only use of Green Firecrackers.
    • In 2021, Supreme court reiterated bans of 2018 and allowed to use of Green Firecrackers and banned further that contains Barium Salt. 
  • What are Green Firecrackers?
    • Green crackers are those that create no pollution or less pollution as comparison  to tradition firecrackers;
    • These are less harmful than conventional crackers, both in terms of sound and smoke generated 
    • These crackers cannot be loud beyond a certain limit which is approved by the Petroleum and explosive Safety Organization. 
      • A new type of formulation has been recommended by the National  Environment Engineering Research Institute ( NEERI)and Council of Scientific and Industrial Research ( CSIR) named "STAR Z"
    • STAR-Z contains: 
      • 32% Potassium Nitrate
      • 40 %Aluminium Powder 
      • 11% Aluminium Chips
      • 17% other additives 
    • Benefits :It reduces Particulate matters PM10 and PM2.5  emission by 70 Percent.
  • Right to liberty 
  • Right to Life 
  • Right to food 
  • Right to health 
  • Right to live in society which is free from fear and crime is fundamental rights of citizens.
Read more 》》Article 93

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