Understanding Habeas Corpus: A Key Provision in the Indian Constitution
Habeas Corpus is associated with Part III of the Indian Constitution, which deals with Fundamental Rights. Article 32 of Part III guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights. Article 226 of Part III guarantees the right to move the High Courts for the enforcement of Fundamental Rights. The Supreme Court and High Courts can issue a writ of Habeas Corpus to protect the right to personal liberty, which is one of the Fundamental Rights guaranteed under Article 21 of the Constitution.
A writ of Habeas Corpus is a judicial order that commands the person who has detained another person to bring that person before the court. The court will then examine the legality of the detention and order the release of the person if the detention is found to be illegal.
The writ of Habeas Corpus is a very important safeguard against illegal detention. It ensures that no one can be kept in custody without legal justification. The writ can be issued against both public authorities and private individuals.
Here are some examples of cases where the Supreme Court and High Courts have issued writs of Habeas Corpus:
- A person who has been arrested by the police without a warrant
- A person who has been detained in a mental hospital against their will
- A person who has been kidnapped
- A child who has been taken away from their parents without their consent
The writ of Habeas Corpus is a powerful tool for protecting the right to personal liberty. It is a fundamental right that is guaranteed to all Indian citizens.