Article 21

Timeline

1. 16 Jul2026
   Supreme Court

   Supreme Court orders states to frame early-release policy for elderly and terminally ill prisoners¹²³

   On 16 July 2026 a Supreme Court bench of Justices Vikram Nath and Sandeep Mehta, in National Legal Services Authority v. Union of India, directed all states and UTs to frame a policy for early release of elderly and terminally ill prisoners within three months. The policy must be framed with State Legal Services Authorities, give a uniform definition of terminal illness, set up independent medical boards and use the e-Prisons portal; compliance affidavits are due in six months and the matter is listed on 19 January 2027.

   • On 16 July 2026 a Supreme Court bench of Justices Vikram Nath and Sandeep Mehta, in National Legal Services Authority v. Union of India, directed all states and UTs to frame a policy for early release of elderly and terminally ill prisoners within three months
   • The policy must be framed with State Legal Services Authorities, give a uniform definition of terminal illness, set up independent medical boards and use the e-Prisons portal; compliance affidavits are due in six months and the matter is listed on 19 January 2027
2. 29 May2026
   Supreme Court

   Delhi High Court frames Right to be Forgotten rules for online court records⁴⁵⁶

   Justice Sachin Datta held the right flows from informational privacy under Article 21 and set a de-indexing and masking framework for judicial records.

   • Delhi High Court (Justice Sachin Datta) held that the right to be forgotten is a facet of informational privacy under Article 21
   • 144-page judgment delivered on 29 May 2026 in a batch of writ petitions
   • Laid down a framework for de-indexing and masking personal information in online judicial records
   • Search engines cannot be perpetually allowed to show judicial records in name-based searches for private cases ending in acquittal, discharge, quashing or settlement
3. 30 Jan2026
   Supreme Court

   Supreme Court holds menstrual health part of the right to life under Article 21⁷⁸⁹

   In Dr Jaya Thakur v Union of India on 30 January a bench of Justices J.B. Pardiwala and R. Mahadevan read menstrual health into Article 21 and directed all states and UTs to provide gender-segregated toilets and free sanitary napkins in government and private schools, with de-recognition threatened for non-compliance.

   • Judgment dated 30 January 2026 in Dr Jaya Thakur v Government of India (2026 INSC 97)
   • Bench: Justices J B Pardiwala and R Mahadevan
   • Right to menstrual health read into Article 21, with Articles 14 and 21A
   • Free biodegradable sanitary napkins for girls in Classes 6-12 and functional gender-segregated toilets in schools
   • Continuing mandamus issued to the Union and states

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Sources

1. LiveLaw
2. The Tribune (PTI)
3. Bar & Bench
4. LiveLaw
5. SCC Online
6. The Tribune
7. The Wire
8. Supreme Court Observer
9. The Wire