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Q71 (CDS-II/2017) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Life Answer Verified

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.

Result
Your answer: —  Â·  Correct: D
Explanation

Article 21 of the Indian Constitution has been broadly interpreted by the Supreme Court to include various facets of life and dignity. In the NALSA v. Union of India (2014) case, the Court recognized the rights of transgender persons, affirming that self-determination of gender identity is an essential facet of Article 21 [1]. Regarding craniopagus twins, the Supreme Court in the 'Saba and Farah' case (2013) addressed the right to life and medical care for conjoined twins, emphasizing the state's duty to protect their lives under Article 21. Furthermore, in Suchita Srivastava v. Chandigarh Administration (2009), the Court upheld the reproductive rights of a mentally retarded woman, ruling that her right to bear a child and make reproductive choices is protected under the right to personal liberty and bodily integrity guaranteed by Article 21. Thus, all three categories are covered under the expansive jurisprudence of Article 21.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > NATIONAL LEGAL SERVICES AUTHORITY CASE (2014) > p. 639
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