Protection Of Life And Personal Liberty An Analytical Study

Abstract

Life is the best reward of nature to the mankind. It is the basic and important thing given by nature. As life is gift of Nature so it cannot be provided by any Statute or Constitution but can only be recognized or protected and that same has been done under our Constitution. It is the ethical right which each Individual have at all places and at all times. Right to life and personal liberty is the contemporary acknowledgment of the right which has been conventionally recognized as Natural Rightand#8223;. In our Constitution it is the most important Right which recognizes the Sanctity of Human life. Part III of our Constitution contains a specific provision with respect to Life and Personal Liberty in the form of Article21. This Right occupies a dominant position among the hierarchy of rights and other rights and Liberties are complimentary and subsidiary to this right, because only a living person will require any other right whether it may be of equality, Speech and Expression etc. This right is considered as vital and undeniable human right which facilitates an individual to live his life in the way best suited to him. In short, it can be said that this right is the lays the institution of Part-III of Constitution. newlineThis right was initially emphasized in the British Magna Carta of 1215. Clause 39 of the magna Carta states that, No free man shall be taken, or imprisoned, or outlawed or exiled or in any way harmed, nor will we go upon him nor will we send upon him, except by the legal judgment of his peers or by the law of the land . newlineRight to life and personal liberty get Constitutional attention of the world as basic right for the first time with the incorporation of this right under Constitution of the United States which stipulates that; No person shall be deprived of his life, liberty or property without due process of law . It paved the way for the constituent body of different democratic countries to insert provision relating to life and liberty as a fundamental right in their respective constitutions.