Right to Freedom
You will agree that freedom is the most cherished desire of every living being. Human beings definitely want and need freedom. You also want to have freedom. The Constitution of India provides Right to Freedom to all its citizens.
In the previous post, we have studied Right to Equality (Article 12-18) of the Indian Constitution. So, in this post, we will study Right to Freedom provided by the Indian Constitution.
Protection of certain rights regarding freedom of speech, etc.
Article 19 guarantees to all citizen the six rights. Right to
- Freedom of speech and expression.
- Assemble peaceably and without arms.
- Form associations or unions or co-operative societies.
- Move freely throughout the territory of India.
- Reside and settle in any part of the territory of India.
- Practice any profession or to carry on any occupation, trade or business.
These six rights are protected against only state action and not private individuals. So, these rights are available only for citizens not for foreigners.
But, these rights are not absolute, the state can make ‘reasonable’ restriction on the enjoyment of the rights.
Protection in Respect of Conviction for offences
Article 20,
Grants protection against arbitrary punishment to an accused person, whether citizen or foreigner or legal people like a company or a corporation.
-Article 20, Indian Constitution
So, according to this article, No Person
- Shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
- Shall be prosecuted and punished for the same offence more than once.
- Accused of any offence shall be compelled to be a witness against himself.
Protection of Life and Personal Liberty
Article 21 declares,
No person shall be deprived of his life or personal liberty except according to the procedure established by law.
-Article 21, Indian Constitution
The right is available for both citizen or non-citizen both.
So, in the famous Gopalan Case (1950), the supreme court interprets that Article 21 available only against arbitrary executive action and not from arbitrary legislative action.
Recently constitutional validity of Aadhaar upheld by a constitutional bench led by Chief Justice of India. So, the Aadhaar scheme passed the triple test laid down in the Puttaswamy (Privacy) judgment. So, it was to determine the reasonableness of the invasion of privacy (under Art 21) i.e.
- Existence of a law – backed by the statute i.e. the Aadhaar Act, 2016.
- A legitimate state interest – ensuring social benefit schemes to reach the deserving and poor.
- Test of proportionality – balances benefits of Aadhaar and the potential threat it carries to the fundamental right to privacy.
Right to Education
Article 21A declares,
the State shall provide free and compulsory education to all children of the age of six to fourteen.
-Article 21A, Indian Constitution
The 86th constitutional amendment Act of 2002 added this provision to the Indian Constitution.
Protection Against Arrest and Detention
Article 22,
Grants protection to a person who are arrested or detained. No person who is arrested shall be detained in custody without being informed.
-Article 22, Indian Constitution
Article 22 confers the following rights. Right to,
- Be informed of the grounds of arrest.
- Consult and be defended by legal practitioner.
- Be produced before a magistrate within 24 hours, excluding the journey time.
- Be release after 24 hours unless the magistrate authorizes further detention.
So, this was all about the Right to Freedom of the Indian Constitution. In the upcoming post, we shall study Right Against Exploitation, Fundamental Rights.
Thanks and Stay Civilised. 😊
Recent Comments