Article 21 of the Constitution of India includes 1. Rights of transg

Article 21 of the Constitution of India includes

  • 1. Rights of transgenders
  • 2. Rights of craniopagus twins
  • 3. Rights of mentally retarded women to bear a child

Select the correct answer using the code given below.

1 only
1 and 2 only
2 and 3 only
1, 2 and 3
This question was previously asked in
UPSC CDS-2 – 2017
Statements 1, 2 and 3 are included within the scope of Article 21 of the Constitution of India.
– Article 21 guarantees the Right to Life and Personal Liberty. The Supreme Court has given a very broad and expansive interpretation to this right.
– Statement 1: The Supreme Court in NALSA v. Union of India (2014) held that the right to life and personal liberty under Article 21 includes the right to gender identity and personal dignity for transgender persons.
– Statement 2: The right to life under Article 21 includes the right to a dignified life, physical integrity, and access to necessary medical care. Complex medical situations, such as those involving conjoined twins, clearly involve fundamental questions about the right to life and bodily autonomy protected under Article 21.
– Statement 3: The right to personal liberty under Article 21 includes reproductive autonomy and the right to make decisions about one’s body, including the right to bear children. While complex considerations exist for individuals with mental disabilities, their fundamental rights under Article 21, including aspects of reproductive rights, are protected and cannot be arbitrarily denied.
The interpretation of Article 21 by the judiciary has expanded its scope significantly to include various rights considered essential for a dignified human existence, such as the right to health, environment, privacy, education, etc., beyond merely the right to physical existence. The statements reflect this broad judicial interpretation.