RIGHT TO FREEDOM - constitution of india

Right to freedom (Article 19–22)

• Article 19 – Guarantees the Right To Freedom of speech and expression
• Article 20 – protects against arbitrary arrest and detention.
• Article 21A – Safeguards the right to life and personal liberty.
• Article 22 – Protects against arbitrary or unlawful imprisonment.

 

 

According to Article 19, six freedoms guaranteed by the Right To Freedom are:

• Right To Freedom of speech and expression: This includes the right to express one’s views freely without fear of censorship or reprisal.
• Right To Freedom of assembly: This includes the right to hold peaceful protests and demonstrations without fear of arrest or violence.
• Right To Freedom of association: This includes the right to join or not join any political or social organization of one’s choice.
• Right To Freedom of movement: This includes the right to move freely within the territory of India.
• Right To Freedom of residence: This includes the right to reside in any part of the country.
• Right To Freedom from discrimination: This includes the right to equality before the law and the right to protection against discrimination on grounds of religion, race, caste and sex

Article 20 in Constitution of India

Protection in respect of conviction for offences

• 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, nor 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.
• No person shall be prosecuted and punished for the same offence more than once.
• No person accused of any offence shall be compelled to be a witness against himself.

Article 20 of the Indian Constitution safeguards certain rights in criminal proceedings. It provides protection against self-incrimination, double jeopardy, and retrospective punishment. 

 

---

Article 21 in Constitution of India:

Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

 

Article 21 of the Indian Constitution guarantees the fundamental right to protection of life and personal liberty. It ensures certain safeguards against arbitrary deprivation of life and liberty.

Article 21 asserts that no person shall be deprived of their life except according to the procedure established by law. This means that every individual has the right to live, and their life cannot be taken away except in accordance with the prescribed legal procedures. The right to life encompasses various aspects, including the right to live with dignity, the right to livelihood, and the right to a healthy environment. Article 21 also protects the personal liberty of individuals. It states that no person shall be deprived of their personal liberty except according to the procedure established by law. Personal liberty includes the freedom to move freely, the freedom to choose one's place of residence, and the freedom to engage in any lawful occupation or profession.

​In the landmark judgment, A.K. Gopalan v. The State of Madras, the Supreme Court held that personal liberty means the “liberty of the body” which is freedom from arrest and detention from false detention. The Supreme Court added that the meaning of the word ‘law’ means state made law only.

 

Article 22 in Constitution of India

22. Protection against arrest and detention in certain cases

1. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
2. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
3. Nothing in clauses (1) and (2) shall apply—to any person who for the time being is an enemy alien; orto any person who is arrested or detained under any law providing for preventive detention.
4. No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless—
5. an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
6. such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
7. When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
8. Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
9. Parliament may by law prescribe—
10. the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);(
11. the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
12. the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

Editorial Comment - Article 22 of the Indian Constitution provides certain safeguards regarding arrests and detentions. It aims to protect the rights and liberties of individuals who are arrested or detained by the authorities. 

Protection against Arrest and Detention - Article 22 safeguards individuals against arbitrary arrest and detention. It ensures that no person can be arrested or detained without being informed of the grounds for such arrest or detention.

Right to be Presented before Magistrate - Article 22 guarantees that an arrested person must be produced before the nearest magistrate within 24 hours of their arrest. This provision aims to prevent unlawful and prolonged detention without proper judicial oversight.

Right to Consult a Legal Practitioner - Article 22 grants the right to an arrested person to consult and be defended by a legal practitioner of their choice. This right helps ensure that individuals have proper legal representation during the process of arrest and detention.

Communication of Grounds for Arrest - An arrested person must be informed of the grounds for their arrest and detention. They have the right to know the reasons behind their arrest, enabling them to effectively exercise their legal rights.

Preventive Detention - Article 22 also addresses the issue of preventive detention, which allows the authorities to detain individuals for preventive reasons, such as the maintenance of public order or national security. It imposes certain additional safeguards, such as the requirement for the grounds of detention to be communicated and the provision for a review by an advisory board.

It's important to note that Article 22 provides certain exceptions during times of emergency, such as during a proclamation of Emergency by the President of India. In such circumstances, certain restrictions on the rights and safeguards under Article 22 may be imposed.