Expansion of Article 21 of Indian Constitution

 (Aditya Sengupta) 

Fundamental Rights are described as most important feature of Indian constitution. Every Fundamental Rights have equal importance and acknowledged as essential to human presence and requisite for social development. Among all rights guaranteed under Part-III of the Constitution, Article 21 guarantees a right which is the most important for the survival of the humankind. Article 21 states that "No person shall be deprived of his life or personal liberty except according to the procedure established by law."  As compared to Article 32, Article 21 may also referred as “Heart and Soul of Indian Constitution.”  According to P.N. Bhagwati “Article 21 comprises a constitutional value of paramount significance in democratic society”. Roots of this article has very long while many of important sources are here to clarified : Magna Carta (1215),  the Fifth Amendment to the American Constitution, Article XXXI of the Constitution of Japan, 1946 and Article 40(4) of the Constitution of Eire, 1937. At the time of Constituent Assembly Article 21 was not there itself rather it had passed as Article 15 which provided that “No person shall be deprived of his life or liberty without the due process of law.” After that Drafting Committee recommended two improvements to Article 15. First, the inclusion of the word ‘personal’ before the word ‘liberty.’ Second, replacement of the expression “without due process of law” with “except according to the procedure established by law.”  And nowadays we can see this provisions within Article 21. After that the primary objective of this particular article is to serve as a safeguard to counter infringement on a person's liberty or dignity. This assistance is accessible to every ‘person’ whether or not they are nationals of India, as ascertained in the case of The Chairman, Railway Board & Others vs Mrs Chandrima Das & Others.

:: Provisions in Article 21 ::

Article 21 states that "No person shall be deprived of his life or personal liberty except according to the procedure established by law."   As we see this article has mainly two major rights – (i) Right to Life  and (ii) Right to Personal Liberty. As compare to other rights these two rights are most significant fundamental right. But still Article 21 provides for the reasonable restrictions on the same by way of procedure established by law, as to avoid the situations of ambiguity in the society.

** RIGHT TO LIFE

** RIGHT TO PERSONAL LIBERTY

**  RIGHT TO LIVLIHOOD

** RIGHT TO SHELTER

** RIGHT TO SUSTAINABLE DEVELOPMENT 

** RIGHT TO EDUCATION (Article 21A)

** RIGHT TO PRIVACY

** RIGHT TO HEALTH

** RIGHT TO SPEEDY TRIAL

** RIGHT TO REPUTATION

** RIGHT TO INFORMATION

** RIGHT AGAINST INHUMAN TREATMENT

 Expanding Nature of Article 21 (Arbitrary Action of Executive & Arbitrary Action of Judiciary)

  

The scope of Article 21 has extended over the years through judicial precedents. The expansion of this Article is like a journey started with the case of A.K. Gopalan and is twisting its way, back from the Maneka Gandhi case till today.

 

In the case of A.K. Gopalan v. State of Madras (1950) court split 4-1 decision, held that the Preventive Detention Act, under which Gopalan was detained, did not violate Article 21. Justice H.J. Kania, writing the majority opinion, took a narrow interpretation of Article 21, stating that personal liberty could not be deprived through a procedure established by law, even if such law was arbitrary or unjust. This decision led to a controversial view that fundamental rights could be restricted as long as there was a law permitting it. This dissenting opinion by Justice Fazl Ali argued for a broader interpretation of Article 21, emphasizing that personal liberty should not be arbitrarily curtailed.

 

Over time, subsequent Supreme Court decisions, notably in the Maneka Gandhi Case (1978), expanded the scope of Article 21, interpreting it more expansively to protect individual liberties. In this case Supreme Court reversed the Gopalan decision. Here, S.C. stated that Articles 19 and 21 are not watertight chambers. The term “Personal Liberty” under Article 21 has broad scope including many rights, some of which are embodied under Article 19, thus giving them ‘additional protection’. The Court also held that a law that comes under Article 21 must satisfy the requirements under Article 19 as well. That means any procedure under the law for the deprivation of life or liberty of a person must not be unfair, unreasonable or arbitrary. That’s why nowadays we have seen many important rights under Article 21 after interpretation of Court.

 

Article 21 states that the protection under this article is only available against the Arbitrary Action of Executive not for the Arbitrary Action of Judiciary which we have seen in A.K. Gopalan Case (1950). But during the period of Emergency (1975-77), Prime Minister Indira Gandhi and her government took several arbitrary actions, including suspension of fundamental rights. The government detained individuals without proper legal procedures, leading to widespread criticism. The case of ADM Jabalpur v. Shiv Kant Shukla (1976) court upheld government’s authority to suspend the right to life and personal liberty during the emergency, which was widely criticized for compromising individual freedoms. Later in the Kesavananda Bharati Case, this decision was overruled, emphasizing the supremacy of fundamental rights.

 

 

§  Conclusion :

                               Article 21 states, “Right to Life Personal Liberty” holds a broad epicycle which is only developing over time. There has been growing recognition about the point of views of a person’s life, which he is approved to control and would, this way, help increases of improvement in the quality of life. This right has defined as the “Heart and Soul” of our Constitution by the Highest point of Court and definitely proves to be so – serving the basic needed things of human life. But these meant rights developing under the extent and epicycle of Article 21 is often taken up to Court for judging as it is specifically not granted under the Constitution. Because of this, in reality, there is no guarantee spelt out in our Constitution for people (who lawfully live in a country, state, etc.) to secure their claim as a subject of the right to lead life with opportunity and honour. Article 21 needs to be expanded further to guarantee all wisdom reemphasized from time to time in the basic of structure of our Constitution settled in its’s statement at the beginning of a larger written work.

    Multiculturalism: Overview and Global Image 

      Ajay Kumar (Author)

Multiculturalism is nowadays evolve at a global level in the nation or in a state it directly or indirectly effect the nation or the state Different cultures, different practice are practice in the nation or with in the state multiculturalism denote that how different different cultures, tradition, custom practice in the nation or with in the state among the different person and among the different community.

 

Multiculturalism describes the manner in which a given society deals with cultural diversity. Multiculturalism denotes that how we can respect the different culture and how we can preserve the different culture. The members of this different culture know their right , some does not know how to get right and how we can acknowledge belief and ideas of different culture the people of different culture have to know the people have a right to speak and the people have a right to practice their customs. Different culture can co exist peacefully this is the ultimate goal of multiculturalism.

For example India has a different culture, USA has a different culture, China has a different culture but the one thing is common is that peacefully consistence of the culture. We do not discriminate any people or we will not discriminate any people on the basis of culture. In multiculturalism the individual identity is culturally embedded means the identity of the individual is based on the culture and we have to respect it.

For example In Canada we will find that Canada is a multicultural country and across the globe many people has migrate to the Canada . We will see different culture like Punjabi from Punjab, Marathi from Maharashtra and so on we will see that people has migrated from Asian country to Canada , So Canada has a rich cultural diversity. In India we will find that many people migrate from many country to India for the purpose of work or for the purpose of to doing something in other country.

Multiculturalism is a typically develops according to two theories The melting pot theory or the salad Bowel theory. We can understand this with the help of example we are eating different types of vegetable one by one that is melting pot theory and if we eat different types of vegetable buy a mixing it then it is called a salad bowl theory we will find that the taste of the salad becomes so delicious because of mixing of all the vegetables not the only one. When different culture comes with the one another then it change the scenario.

Multiculturalism can take place on a nation wide scale or within a Nations communities we can understand this by taking example.

1) Indian people migrate to the USA then we will find that the culture migrate itself.

2)In India suppose that one person migrate from north to south and one person migrate from North East to Central part of India then we will find the migration of the culture.

 

Different Causes, Consequences, and Implications of United States Military Bases in the Region of Central Asia

  (Aditya Sengupta, Author)

Central Asian region is one of most demanding geopolitical significant area in the global politics. Comprised of five states, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan, Central Asia's newly enhanced strategic importance stems from several other factors, ranging from trans-national threats posed by Islamic extremism, drug production and trafficking, to the geopolitical threats inherent in the region's location as a crossroads between Russia, Southwest Asia and China. Although the U.S. military presence in the region began before September 11th, the region became an important platform for the projection of U.S. military power against the Taliban in neighbouring Afghanistan. U.S. policy makers and others hold various views on the appropriate types and levels of U.S. involvement in the region. Some have argued that ties with “energy behemoth” Kazakhstan are crucial to U.S. interests.7 Others have argued that Uzbekistan is the “linchpin” of the region (it is the most populous regional state and is centrally located, shaping the range and scope of regional cooperation) and should receive the most U.S. attention. The US had established temporary bases in Uzbekistan, which closed in 2005, and Kyrgyzstan, which closed in 2014, when foreign troops initially invaded Afghanistan in 2001 and toppled 5 years of Taliban rule, aided in part by the buy-in from Russia and China in support of the US and NATO mission.
 
If we are talk about the causes of U.S. Military presence in the region of Central Asia, then there are so many causes :
 
§  Strategic Importance :   Central Asia is a region, which is rich in natural resources and energy raw materials. Many global players having interests towards it. United States Military Bases in Central Asia basically provides a safeguard for American interests and counter Islamic threads within this region with operating an joint stabilizing mission.
 
§  Counterterrorism Efforts : United States has established military bases to support counter terrorism in Central Asia aftermath of 9/11 attack. After the 9/11 attack, United States started funding for any terror thread within any region. America declared “Attack on Terror” and take various initiatives through collaborating with different regional and international level organization. In the region of Central Asia, there had a problem of growing ‘Radical Islam’ sentiment and United States have been trying to counter growing radical sentiments by providing fundings, arms and negotiations for dialogue to different central Asian states.  
 
§  Transitioning from Europe : United States military bases in Central Asia can provide a complementary or alternative location to bases in Europe, offering flexibility and adaptability in responding to regional and global security challenges.
 
United States military bases in Central Asia, also has many consequences :
 
§  Regional Dynamics :  United States military bases has reached to enhance regional tensions as many players are engaged in this region due to many causes (either it energy materials, market or cultural boundaries). Central Asian states has now facing affects from balance of power and various regional tensions, crimes.
 
§  Sovereignty Concerns : Many central Asian states arises question that the presence of foreign military bases as a violation of their sovereignty and potentially leading to diplomatic strains.
 
§  Regional Cooperation : The establishment of foreign military bases of foreign countries must effects towards neighbour’s relations and it’s also seen as suspicious or concern issue.
 
United States military bases in Central Asia have various implications :
 
§  Economic Empowerment : The presence of military bases can have economic implications, including financial benefits for the host country through  infrastructure development and job creation.
 
§  Domestic Politics :   The existence of foreign military bases in Central Asia created tensions in this region. Many people do protests, involving terror activities to throw away foreign involvement.
 
§  Diplomatic Relations : Military Bases of United States, can influence host countries diplomatic relations. U.S. involvement in Central Asia has impacted over many other states relations like China, Russia, Turkey, Iran and others.
 
 
Central Asian region is so much crucial for major global powers especially of United States after established government by Taliban in Afghanistan and tension increases after itself.

 Arko Mukhaerjee and a New Era of Music Sense : From Abbasuddin Ahmed to Bob Dylan

 (Aditya Sengupta, Author)

Arko Mukhaerjee, have been giving many speeches on Bob Dylan and Abbasuddin Ahmed.  In one of his speeches, he especially mentioned of his interactions he says, “Music flows everywhere” and do not require any kind of passport or visa. Melody could follow any lyrics, and sentiment of that music would be same, be it from Europe, Asia or Latin America.  Arko has generated a long methodology that goes behind his music sense. In this I am just trying to relate those concepts how will Arko’s interpretation of music remind us about the free-flowing Indian tunes which actually is borrowed from Europe, Middle East or America. Also trying to remember Arko’s research on world music which ultimately led to the creation of A New Era of Music Sense. Arko have tried to show that the societal, economic and cultural boundaries can definitely be a crucial element for new and renewed sense of music and how it also impacts other writings of varied writers, composers and thinkers.