"The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (UPSC GS 2 2023/15 marks)

Introduction:
 

 - The Constitution of India is a dynamic and adaptable document that reflects the evolving needs and aspirations of its diverse population.

   - It is often referred to as a "living instrument" due to its ability to accommodate changes and expand the horizons of fundamental rights.

Expanding Horizons of the Right to Life in the Indian Constitution

The right to life in the Indian Constitution has evolved significantly to address the dynamic needs of society.

1. Right to Health: 

   - The interpretation of the right to life has expanded to include the right to health. 

   - During the COVID-19 pandemic, the Supreme Court of India upheld the right to healthcare as an integral part of the right to life.

2. Environmental Protection: 

   - The right to life now encompasses environmental protection. Courts have recognized the right to a clean and healthy environment as essential for life, resulting in numerous judgments to protect natural resources.

   - In MC Mehta v. Union of India case, industries were ordered to relocate to prevent water pollution in the Ganges River, safeguarding the right to life.

3. Right to Privacy: 

   - The right to life has been expanded to include the right to privacy, as recognized in the landmark judgment of Justice K.S. Puttaswamy v. Union of India. 

   - This right was also applied in the Aadhar card case, ensuring that the collection of biometric data does not infringe upon an individual's right to life and personal liberty.

4. Right to Die with Dignity: 

   - The right to life also involves the right to die with dignity, as established in the case of Common Cause v. Union of India. Passive euthanasia and living wills were permitted under strict guidelines.

   - In the Aruna Shanbaug case, the Supreme Court allowed passive euthanasia, respecting an individual's right to life with dignity.

5. Protection of Vulnerable Sections: 

   - The Constitution has evolved to provide specific safeguards for vulnerable sections like women, children, and the LGBTQ+ community, recognizing their right to life free from discrimination and violence.

   - The SHW Act, 2013 introduced stringent laws to protect women's right to life by addressing sexual violence.

6. Right to Education: 

   - Education is seen as essential to life, and the Constitution now guarantees the right to education, as seen in the 86th Amendment Act. 

   - The Right to Education Act ensures access to free and compulsory education for children, promoting the right to life through knowledge.

7. Economic Welfare:

   - The right to life includes economic well-being, and the government has introduced various schemes like MGNREGA to ensure employment and livelihood, thus enhancing the right to life.

Expanding Horizons of the Right to Personal Liberty in the Indian Constitution

The right to personal liberty in the Indian Constitution has evolved to accommodate the changing dynamics of society.

1. Freedom of Expression: 

   - Personal liberty includes freedom of speech and expression, even in the digital age. The Constitution protects individuals from undue censorship or restrictions.

   - In Shreya Singhal v. Union of India, Section 66A of the IT Act was struck down as it violated freedom of expression.

2. Right to Privacy in Sexual Orientation:

   - The right to personal liberty has expanded to protect and respect for personal choices and orientations.

   - Decriminalization of homosexuality in Navtej Singh Johar case.

3. Right Against Arbitrary Detention: 

   - The Constitution safeguards personal liberty by preventing arbitrary detention, as seen in the Habeas Corpus cases.

   - In Maneka Gandhi Case, the Supreme Court expanded the scope of personal liberty by demanding that procedure established by law should be fair and reasonable.

4. Right to Choose Occupation: 

   - The right to personal liberty includes the right to choose one's occupation, as recognized in multiple cases dealing with reservations and job opportunities.

   - In Indra Sawhney Case, the Supreme Court upheld the right to choose one's occupation while allowing reservations.

5. Right to Choose One's Partner:

   - Right to marry a person of one's choice is upheld and included under the right to personal liberty.

   - In Shakti Vahini v. Union of India Case, court provided protection from honor killings.

6. Right Against Solitary Confinement:

   - The court, in the Sunil Batra case (1978), ruled against inhumane prison conditions, highlighting personal liberty's importance even for convicts.

Conclusion

The Constitution is indeed a living instrument that has adapted to the changing needs of society, especially in expanding the horizons of the right to life and personal liberty to ensure a progressive and inclusive society. These adaptations have been driven by judicial interpretations and legislative amendments that reflect the evolving values and challenges of the nation.