‘Foreigners too Have the Right to Liberty under Article 21’: High Court

Brief Context

In News The Punjab and Haryana High Court granted bail to a Bangladeshi woman accused of forgery and illegal stay, ruling that Article 21s right to personal liberty applies to foreigners. Article 21 of the Indian Constitution Article 21 of the Constitution of India guarantees the fundamental right to protection of life and personal liberty except by a procedure established by law. It ensures certain safeguards against arbitrary deprivation of life and liberty.

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Syllabus: GS2/Polity and Governance

In News

• The Punjab and Haryana High Court granted bail to a Bangladeshi woman accused of forgery and illegal stay, ruling that Article 21’s right to personal liberty applies to foreigners.

About the Recent Ruling

• The Punjab and Haryana High Court emphasized that foreigners also have a right to personal liberty, and prolonged detention without the ability to furnish sureties would cause “irreversible injustice.”
• The word ‘person’ in Article 21 is wide enough to cover not only citizens but also foreigners.
  • The State has an obligation to protect the liberty of such foreigners and ensure that their liberty is not deprived except in accordance with the procedure established by law”.
  • It also acknowledged the difficulty for undocumented migrants to furnish sureties and said bail conditions cannot be so harsh that they effectively deny freedom.

Article 21 of the Indian Constitution 

• Article 21 of the Constitution of India guarantees the fundamental right to protection of life and personal liberty except by a procedure established by law. 
• It ensures certain safeguards against arbitrary deprivation of life and liberty.
• It protects the right to life, which includes living with dignity, the right to livelihood, and a healthy environment, as well as personal liberty, such as the freedom to move, reside, and work lawfully.

Interpretation of Article 21 by Supreme Court judgments

• Early Interpretation: ​In A.K. Gopalan v. The State of Madras, the Supreme Court held that personal liberty means the ‘liberty of the body,’ which is freedom from arrest and detention, from false detention. 
• Broadening of Scope: In the case of R.C. Cooper v. Union of India (1970), the court held that the word personal liberty would not only include Article 21 but also include the 6 Fundamental Freedoms given under Article 19 (1).
  • In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to life and personal liberty under Article 21 is not limited to mere animal existence but includes the right to live with dignity. 
• Right to Livelihood & Shelter: In Olga Tellis v. Bombay Municipal Corporation (1985), the court recognized the right to livelihood as an integral part of the right to life under Article 21.
  • It held that the eviction of pavement dwellers without providing alternative arrangements would violate their right to life and personal liberty.
• Right to Dignity & Safe Environment: In Vishaka v. State of Rajasthan (1997), the court held that the right to a safe and secure working environment is a fundamental right flowing from Article 21.
• Right to Privacy: In K.S. Puttaswamy v. Union of India (2017) judgment, the Supreme Court recognized the right to privacy as a fundamental right protected under Article 21. 
• Right to Die with Dignity: In Common Cause v. Union of India (2018), the court legalized passive euthanasia and recognized the right to die with dignity as a fundamental right under Article 21.

Source: IE