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Home Questions SNQ2E723X7
Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:

Right against solitary confinement is a part of ‘personal liberty’ as envisaged under Article 21:

Options:

The statement is true

The statement is false

Right against solitary confinement is a person’s personal liberty but within the procedure established by law

There is no such right and a person's solitary confinement can be decided by a court as per the gravity of the offeense

Correct Answer:

The statement is true

Explanation:

The correct option is: Option 1: "The statement is true."

Explanation: The right against solitary confinement is indeed considered a part of 'personal liberty' as envisaged under Article 21 of the Constitution of India. Article 21 states that "no person shall be deprived of his life or personal liberty except according to the procedure established by law." Solitary confinement, when imposed without lawful justification or due process, can violate an individual's right to personal liberty as guaranteed by Article 21. Therefore, the statement is true.

Option 3 is not correct. It states that "Right against solitary confinement is a person’s personal liberty but within the procedure established by law."

While it acknowledges that the right against solitary confinement is part of personal liberty, it incorrectly implies that this right is contingent upon adherence to the procedure established by law. However, the right against solitary confinement is not solely dependent on procedural aspects but is inherently protected as an essential aspect of personal liberty.

In reality, the right against solitary confinement is integral to personal liberty and is not subject to procedural restrictions alone. Solitary confinement can be considered a deprivation of liberty and can only be imposed under very specific circumstances and subject to legal scrutiny to ensure it complies with constitutional protections.

Therefore, while acknowledging the importance of legal procedures, option 3 does not fully capture the essence of the right against solitary confinement as part of personal liberty.

 

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