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Home > Know Your Rights > Right to Life and Personal Liberty
FAQ's | Landmark Judgements | Legal Frameworks

FAQ's

Q1.  What is Right to life and personal Liberty?

A1.  Right to Life and Personal Liberty is a fundamental right provided by the Constitution of India to all Indian citizens. It is the most important of all the rights that we enjoy.  The right has received widest interpretation by the Supreme Court of India. Right to life and personal liberty gives every Indian citizen the right to live with dignity, right to privacy, right to go abroad, right to develop one’s personality to its full potential.

 

Q2.  Can my Right to life and personal liberty be taken away?

A2.  Right to life and personal liberty of a person cannot be denied except by law. This means that if you have committed a crime, then your right to life and personal liberty can be taken away by putting you in jail or awarding you capital punishment according to the offence committed by you. In no other situation this right can be taken away by anybody. This right cannot be suspended even during a National Emergency when all other fundamental rights are taken back.

 

Q3.  What should I do if somebody infringes my right to life and personal liberty?

A3.  Any violation of right to life and personal liberty is punishable in law. If somebody infringes your right to life and personal liberty, you can directly approach the Supreme Court of India. The court will issue orders in the form of writs if it feels that your right has been violated.

 

Q4.  I stay far away from Delhi, how can I then approach the Supreme Court for seeking remedy for the violation of my right?

A4.  You can file writ petition in the High Court of the state in which you reside. High Courts of states have also been vested with the power to issue writs in the event of violation of rights.

 

Q5.  What are writs?

A5.  Writs are special directions or orders issued by the Supreme court of India or the High Courts of states for the enforcement of Fundamental rights or any other legal rights. There are five types of writs that direct the person or government agency violating the rights to do or to refrain from doing certain acts which have caused the violation of Fundamental rights.

 

Q6.  How do I approach the court?

A6.  You can file a writ petition stating why you feel that your right to life and personal liberty has been infringed and asking for remedies. You will need the services of a lawyer who will represent your case before the court.

 

Q7.  What all things are covered under right to life and personal liberty?

A7.  Right to life and personal liberty includes the following rights:

 

·  Right to earn livelihood

·  Right to go abroad

·  Right to privacy

·  Right to pollution free environment

·  Right against solitary confinement

·  Right against delayed execution

·  Right to free legal aid

·  Right to shelter

·  Right against custodial death

·  Right to health and medical assistance

 

It covers many more aspects as it is the most widely interpreted right. Everything that helps an individual to lead a dignified life is covered under right to life and personal liberty.

 
 
 
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