Your Rights

Rights to Freedom in India are enshrined in the Constitution of India under Articles 19 to 22. These articles are part of the Fundamental Rights guaranteed to every citizen and aim to ensure individual liberty, safeguard against arbitrary state actions, and promote personal and social freedoms.

Key Rights to Freedom under Articles 19 to 22:

1:- Article 19 - Protection of Certain Rights Regarding Freedom: Article 19 guarantees six fundamental freedoms to Indian citizens:

1. Freedom of Speech and Expression: Every citizen has the right to express their opinions and ideas freely.
2. Freedom to Assemble Peacefully: Citizens have the right to assemble peacefully without arms.
3. Freedom to Form Associations or Unions: This includes the right to form associations, unions, or cooperative societies.
4. Freedom to Move Freely: Citizens have the right to move freely throughout the territory of India.
5. Freedom to Reside and Settle: Citizens have the right to reside and settle in any part of India.
6. Freedom to Practice Any Profession: Citizens have the right to practice any profession or carry on any occupation, trade, or business.

These freedoms are not absolute and are subject to reasonable restrictions in the interest of the sovereignty and integrity of India, security of the state, public order, decency, morality, or in relation to contempt of court, defamation, or incitement to an offense.

2:- Article 20 - Protection in Respect of Conviction for Offenses: Article 20 provides three main protections to individuals accused of offenses:

1. Protection against Ex-Post Facto Laws: No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act.
2. Protection against Double Jeopardy: No person shall be prosecuted and punished for the same offense more than once.
3. Protection against Self-Incrimination: No person accused of an offense shall be compelled to be a witness against themselves.

3:- Article 21 - Protection of Life and Personal Liberty: Article 21 is one of the broadest and most significant rights in the Constitution. It states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Over the years, the judiciary has expanded the scope of Article 21 to include various rights, such as:

1. Right to Privacy (recognized in 2017).
2. Right to Livelihood.
3. Right to a Clean Environment.
4. Right to Shelter.
5. Right to Health.
6. Right to Education (linked with Article 21A).

4:- Article 21A - Right to Education:

This article was introduced through the 86th Constitutional Amendment in 2002. It provides the right to free and compulsory education for all children aged 6 to 14 years. It was inserted to promote literacy and education for all, ensuring that every child receives basic education.

5:- Article 22 - Protection against Arrest and Detention: Article 22 provides safeguards against arbitrary arrest and detention:

1. Right to be Informed: A person who is arrested must be informed of the reasons for their arrest.
2. Right to Legal Representation: A person arrested shall have the right to consult a legal practitioner of their choice.
3. Right to be Produced Before a Magistrate: A person arrested must be presented before a magistrate within 24 hours of arrest.
4. Protection against Preventive Detention: Preventive detention laws can only be made under specific conditions. Individuals cannot be detained for more than three months without obtaining the opinion of an Advisory Board composed of qualified judges.

Importance and Impact of Rights to Freedom:

1. Promotion of Democracy: Rights to freedom are the bedrock of a democratic society, allowing citizens to voice opinions, engage in discussions, and participate in political and social life.
2. Personal Liberty: It ensures that the state does not infringe on an individual’s personal liberties without following a fair and established legal process.
3. Judicial Interpretation: Over the years, the judiciary has interpreted these freedoms expansively to uphold justice and liberty in several landmark cases.

Reasonable Restrictions:

While the rights to freedom are fundamental, they are not absolute. The Constitution allows the imposition of reasonable restrictions on these rights to maintain public order, decency, morality, security of the state, sovereignty, and integrity of India. For instance:

1. Freedom of speech can be restricted to prevent hate speech or incitement to violence.
2. Freedom of assembly may be regulated to avoid disturbances to public peace and order.

Landmark Judgments Related to Rights to Freedom:

1. Maneka Gandhi vs. Union of India (1978): The Supreme Court expanded the scope of personal liberty under Article 21, ruling that the procedure must be “fair, just, and reasonable.”
2. S. Puttaswamy vs. Union of India (2017): Recognized the Right to Privacy as a fundamental right under Article 21.
3. Shreya Singhal vs. Union of India (2015): Struck down Section 66A of the IT Act, emphasizing the freedom of speech and expression under Article 19(1)(a).

Conclusion:

The Rights to Freedom in India are crucial for the protection of individual liberty, freedom of expression, and social and political participation. They lay the foundation for a democratic and just society, while the reasonable restrictions ensure that the state’s interests and public order are maintained. Through constitutional provisions and judicial interventions, these rights have evolved to safeguard citizens’ liberties in changing social and political scenarios.