Article 21

RIGHT TO BE FORGOTTEN (RTBF) IN INDIA

The Right to be Forgotten (RTBF) allows individuals to de-index outdated personal data from digital platforms. Emerging from Article 21 and the Puttaswamy judgment, it balances informational privacy against the public’s right to know, demanding careful judicial and legislative oversight.

Click to View More
OVERRIDING EFFECT OF POCSO AND CHILD MARRIAGE LAWS OVER PERSONAL LAWS IN INDIA

The Allahabad High Court ruled that statutory child protection laws, including PCMA and POCSO, universally override religious personal laws. This judicial stance ensures uniform protection against child marriage, criminalizes underage sexual relations, and safeguards constitutional rights across all religions.

Click to View More
RIGHT TO FAIR TRIAL IN INDIA: CHALLENGES AND SAFEGUARDS IN THE CRIMINAL JUSTICE SYSTEM

The right to a fair and speedy trial is a fundamental guarantee under Article 21 of the Indian Constitution. Despite robust legal frameworks, systemic delays, limited legal aid, and an overwhelming undertrial population severely threaten justice, requiring urgent technological and procedural reforms.

Click to View More
SCOPE OF STATUTORY BAIL IN INDIA: SUPREME COURT RULINGS AND BNSS GUIDELINES

Default bail is an indefeasible fundamental right under Article 21, protecting accused individuals from indefinite pre-trial detention if police fail to file a charge sheet within 60/90 days. However, recent Supreme Court rulings under the BNSS clarify that mere procedural delays in supplying document copies do not trigger this right.

Click to View More
RIGHT TO WALK ON FOOTPATHS: SUPREME COURT RECOGNISES SAFE PEDESTRIAN MOVEMENT AS A FUNDAMENTAL RIGHT

The Supreme Court ruled that walking on demarcated footpaths is a fundamental right under Articles 19 and 21, overriding motorized vehicular privileges. It mandates urban bodies to construct accessible pedestrian infrastructure, creating an enforceable duty independent of the Motor Vehicles Act.

Click to View More
PERSONALITY RIGHTS VS FREE SPEECH: BALANCING DIGNITY AND DEMOCRACY IN INDIA

Personality rights protect an individual’s identity—including name, image, and voice—from unauthorized commercial exploitation. While Indian courts derive these from Article 21, the absence of a codified law creates challenges in combating AI-driven deepfakes while safeguarding democratic free speech.

Click to View More
SUPREME COURT ON UAPA: BALANCING NATIONAL SECURITY AND ARTICLE 21

The Supreme Court's UAPA bail jurisprudence highlights the conflict between national security and personal liberty. While Section 43D(5) imposes strict statutory bail restrictions, courts invoke Article 21 to grant relief in cases of prolonged incarceration, ensuring constitutional rights prevail.

Click to View More
ABORTION LAWS IN INDIA: MTP ACT AND SUPREME COURT RULINGS

The MTP Amendment Act 2021 and Supreme Court rulings expanded women's reproductive rights in India. However, mandatory reporting under the POCSO Act and severe systemic healthcare barriers continue to restrict safe abortion access for vulnerable, young adolescents today

Click to View More
TRANSGENDER AMENDMENT BILL 2026 EXPLAINED

The 2026 Bill replaces self-identification with medical verification, sparking a constitutional clash. While the state aims to regulate welfare and prevent abuse, critics argue this violates the NALSA judgment and the fundamental right to personal autonomy under Article 21. 

Click to View More
SUPREME COURT DIRECTS 'NO-FAULT' COMPENSATION FOR VACCINE ADVERSE EVENTS

The Supreme Court directed the Centre to create a no-fault compensation policy for severe COVID-19 vaccine injuries under Article 21. This framework bypasses litigation, providing swift redressal through a Vaccine Injury Trust Fund. It ensures a socio-economic safety net, maintains public trust, and strengthens future pandemic preparedness

Click to View More
MENSTRUAL LEAVE POLICY: A RIGHT OR A RISK FOR INDIAN WOMEN?

The Supreme Court warned that mandatory paid menstrual leave, though supporting women’s dignity under Article 21, may discourage hiring and worsen India’s low female workforce participation. A balanced approach with flexible work, stronger leave policies, and destigmatization is considered more practical than a rigid law.

Click to View More
EUTHANASIA AND THE RIGHT TO DIE WITH DIGNITY IN INDIA

The Supreme Court's Harish Rana judgment confirmed the legality of passive euthanasia and the constitutional Right to Die with Dignity (Article 21). The ruling simplified the procedure for implementing a living will and emphasized the urgent need for Parliament to enact comprehensive end-of-life legislation to ensure ethical clarity, and balance individual autonomy.

Click to View More
Let's Get In Touch!