Which of the following rights are included under article 21 of the constitution ?

1. Right to choose one’s gender identity

2. Right to emergency medical treatment without any condition.

3. Right of a mentally challenged women to bear a child

4. Rights of craniopagus twins

Select the correct answer using the code given below:

Solution

● Option 1 is Correct: In National Legal Services Authority v Union of India and others, the Court found that the right to self-identify one's gender, including as “third gender”, was an important part of the right to a life with dignity and therefore falls within the scope of the right to life under the Indian Constitution (Article 21). ● Option 2 is correct: The supreme court, in Paschim Banga Khet Mazdoor Samiti vs State of West Bengal, held that denial of emergency medical care is in violation of Article 21 of the Constitution of India. Hence it is the fundamental right of the citizens to be provided with emergency medical care without any condition. ● Option 3 is correct: In Suchita Srivastava & Anr vs Chandigarh Administration, the supreme court has made it clear by the Supreme Court that the language of the Medical Termination of Pregnancy Act, 1971 (the MTP Act) clearly respects the personal autonomy of mentally retarded persons who are above the age of majority and that a persons who are found to be in a condition of borderline, mild or moderate mental retardation are capable of being good parents. ● Option 4 is correct: In Aarushi Dhasmana vs Union Of India & Ors, the supreme court upheld the right to life for craniopagus or conjoined twins, and denied the Parents of conjoined twins Saba and Farah the permission to go for a surgery to separate them. Recently Both of them voted independently for the first time in the Bihar elections.