The Right to Freedom, enshrined in the Indian Constitution under Articles 19 to 22 as part of the Fundamental Rights, represents a set of liberties and protections aimed at ensuring individual freedom and autonomy.
- Article 19 – Protection of Certain Rights Regarding Freedom of Speech, etc.
- Article 19 grants six freedoms to all citizens of India. These include:
- Freedom of Speech and Expression: Citizens have the right to express their opinions freely, subject to reasonable restrictions in the interest of sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, or morality.
- Freedom to Assemble Peacefully: Citizens can assemble peacefully without arms, subject to restrictions imposed by the state in the interest of public order and morality.
- Freedom to Form Associations or Unions: Citizens have the right to form associations or unions, subject to reasonable restrictions in the interest of sovereignty and integrity of India, public order, and morality.
- Freedom to Move Freely Throughout the Territory of India: Citizens can move freely within the territory of India, subject to reasonable restrictions in the interest of the general public or for the protection of the interests of any Scheduled Tribe.
- Freedom to Reside and Settle in any Part of the Territory of India: Citizens have the right to reside and settle in any part of the country, subject to reasonable restrictions in the interest of the general public or for the protection of the interests of any Scheduled Tribe.
- Freedom to Practice any Profession, or to Carry on any Occupation, Trade, or Business: Citizens have the right to practice any profession or to carry on any occupation, trade, or business, subject to reasonable restrictions in the interest of the general public, or for the protection of the interests of any Scheduled Tribe.
- Article 19 grants six freedoms to all citizens of India. These include:
- Article 20 – Protection in Respect of Conviction for Offenses
- Article 20 provides certain protections to individuals in criminal matters. It includes the principles of double jeopardy (protection against being tried and punished for the same offense more than once), prohibition of self-incrimination (protection against being compelled to be a witness against oneself), and protection against retrospective criminal laws.
- Article 21 – Protection of Life and Personal Liberty
- Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This right has been interpreted expansively by the judiciary to include the right to privacy and dignity.
- Article 21A – Right to Education
- Article 21A, inserted by the 86th Amendment in 2002, provides the right to education to all children of the age of six to fourteen years.
- Article 22 – Protection Against Arrest and Detention
- Article 22 provides certain safeguards to individuals who are arrested or detained. It includes the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours of arrest.
- Protection Against Arbitrary Detention
- The Right to Freedom also includes protection against arbitrary detention. Any person detained must be informed of the grounds for detention, and the detention must be according to the procedures established by law.
- Judicial Review
- The right to freedom is subject to reasonable restrictions, and any law imposing such restrictions can be challenged in a court of law. The judiciary has the authority to review the constitutionality of laws that may infringe upon the right to freedom.
- Limitations on Fundamental Rights
- While these freedoms are essential, the Constitution allows for reasonable restrictions on them in the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, or morality.
- Landmark Cases
- Various landmark cases have contributed to the interpretation and evolution of the Right to Freedom. For example, the Kesavananda Bharati case (1973) emphasized the concept of the basic structure doctrine, placing limitations on the amending power of Parliament concerning the essential features of the Constitution.
In summary, the Right to Freedom encapsulates a range of liberties and protections that are crucial for fostering individual autonomy, democratic values, and the overall development of citizens. It is a fundamental pillar of the Indian constitutional framework.
