article 21

d (Querist) 09 February 2009 This query is : Resolved
can i challenge the constitutional validity of the dowry prohibition act on the basis of art 21 since it is curtailing my fundamental right of personal liberty

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PALNITKAR V.V. (Expert) 10 February 2009
Merely because personal liberty is curtailed, the Act can not be declared as unconstitutional. If a person commits crime, his personal liberty can be legally curtailed by arresting him. You have to find out some other good grounds.

ARVIND JAIN (Expert) 10 February 2009
ON THIS GROUND NO. FIND OUT SOMETHING ELSE.

RAKHI BUDHIRAJA ADVOCATE (Expert) 10 February 2009
I do agree with the opinion of my both Ld. friends.

M. PIRAVI PERUMAL (Expert) 10 February 2009
I agree with my learned friends.

Murali Krishna (Expert) 10 February 2009
Pl go through Art.21. It is only one sentence. "No person shall be deprived of his life and personal liberty except according to procedure established by law."

If curtailment of your liberty is not in accordance with procedure established by law, you can challenge the Act.

Pl. go through Maneka Gandhi's case, AIR 1978 SC 597 for better understanding of the Article.

Manish Singh (Expert) 11 February 2009
reasonable restrictions are always allowed on our constitutional rights including our fundamental rights under Art 19.

smilingadvocate (Expert) 11 February 2009
yes all are correct

Adv.Shine Thomas (Expert) 13 February 2009
Art.21 protects the right of life and personal liberty of citizens not only from the exicutive action but from the legislative action also.A person can be deprived of his life and personal liberty if two conditions are complied with,firstly,there must be a law and secondly,there must be a just,fair and reasonable procedure prescribed by that law.

B.B.R.Goud. (Expert) 23 February 2009
No. No one can challenge the Dowry prohibition Act.
the dowry prohibition act meant for abolishment of dowry which is an evil.
then how it is going to affect Art 21.