preview

The Importance Of Personal Liberty

Decent Essays

Personal liberty means a bundle of rights, essential for the existence of human life. In Maneka Gandhi v. Union of India, the Supreme Court pointed out that the expression “personal liberty” does not mean only liberty of the persons but also liberty or rights attached to the person (Jus-personam). A division bench of the Delhi High Court observed in AV Chardel v. Delhi University that the expression “life and personal liberty” includes a variety of rights, which though not enumerated in Part-III of the Constitution, can be included in various aspects of liberty provided they are necessary for the full development of human personality. Further in Francis Coralie v. Union Territory of Delhi, Justices PN Bhagwati, Fazal Ali, Murtaza, while stressing the quality of life and its enjoyment within the purview of Article 21 have rightly said: “the right to life enshrined in Article 21 cannot be restricted to mere animal existence. It means something much more than just physical survival. The right to life includes the right to live with human dignity and all that goes along with it.”

Along these lines the articulation "individual freedom" isn't restricted to the assurance of appendage and workforce however incorporates everything basic for the happiness regarding existence with all human respect.

A vital inquiry how far the infringement of freedoms fundamental forever caused by the ecological contamination exists in the extent of Article 21 has been examined by the High Court

Get Access