Article 21

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.

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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.

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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

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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. 

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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

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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.

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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.

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Look Out Circulars (LOCs): New Rules and its Impact on Fundamental Rights

The Ministry of Home Affairs revised Look Out Circulars guidelines, requiring statutory bodies like National Human Rights Commission and National Commission for Women to route law-enforcement agencies, preventing misuse and protecting the Article 21-based right to travel abroad.requests through 

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Ensuring equality through menstrual health

The recent ruling by the Supreme Court of India recognises access to menstrual hygiene as part of fundamental rights, linking it to equality, dignity, privacy, and the right to education. The Court held that lack of sanitary products and proper school facilities forces many girls to miss classes, which amounts to structural discrimination under Article 14 and a violation of dignity under Article 21. It directed governments to provide free sanitary napkins, functional and private toilets, safe disposal systems, menstrual hygiene support spaces, and awareness through school curricula, making menstrual health a legal and educational priority rather than a welfare issue.

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DISASTER JUSTICE: MEANING, SIGNIFICANCE, CHALLENGES, WAY FORWARD

Kerala’s decision to waive ₹18.75 crore in loans for Wayanad landslide survivors signals a shift toward financial rehabilitation. It addresses post-disaster debt traps, contrasts State welfare with rigid national frameworks, and highlights the need for catastrophe insurance and reforms to strengthen disaster justice and recovery systems.

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Menstrual Health as a Fundamental Right: Supreme Court Judgement

The Supreme Court ruled that menstrual health and hygiene in schools is part of the right to life and dignity under Article 21. It linked poor MHM to inequality and school dropouts, directing schools to provide free sanitary pads, proper toilets, and awareness education to remove stigma.

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