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Article 21, Suicide, and the Supreme Court

By Bidhan Mandal

Published In

Cri LJ 1996

Article 21 is the most debated and much argued about Article of the Indian Constitution and, much water has flown down the channel of Article 21 of the Constitution. Article 21 again became the subject-matter of heated discussion and debate in the Supreme Court, recently, in connection with Gian Kaur v. State of Punjab, in which Constitutional validity of Sections 309 and 306, IPC, was challenged as violative of Arts. 14 and 21 of the Constitution (1996 Cri LJ 1660: (1996 AIR SCW 1336). This case overruled the earlier case, P. Rathinam v. Union of India, 1994 Cri LJ 1605 : (AIR 1994 SC 1844), on the same subject-matter. In P. Rathinam, it was held that Ss. 309 and 306, IPC, were violalive of Art. 21 and, so it is void. The reasoning given is that— the word ‘life’ in Art. 21 means ‘right to life’ and, therefore, follows as a logical conclusion, the ‘right to live’. And, this ‘right to live’ gives birth, in ....

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