Right to Freedom: Indians can enjoy a fundamental right to freedom as provided under their constitution. This right enables every Indian resident to be engaged in any work all over the territory of India. It also provides security for the person’s rights from unjust actions.
The Right to Freedom means that people can live and work without the government’s interference. This right is important because it makes sure that everyone is treated fairly and has equal rights. It also keeps people safe from being unfairly kept in custody or jailed without a good reason. Read below this comprehensive article to explore the right to freedom in depth.
Right to Freedom (Articles 19-22)
Right to Freedom (Articles 19 to 22)
Article 19(1) of the Indian Constitution provides six freedoms to the citizens, namely:
- Freedom of speech and expression (Article 19(1)(a)) ,
- Freedom of assembly (Article 19(1)(b)),
- Freedom of association (Article 19(1)(c)) ,
- Freedom of movement (Article 19(1)(d)) ,
- Freedom of residence and settlement (Article 19(1)(e)),
- Freedom of profession, occupation, trade, or business (Article 19(1)(g)).
The right to freedom includes other rights such as:
- Right to expression: Every individual has the fundamental right to express their thoughts, opinions, and ideas freely.
- Freedom of speech: Citizens are entitled to express their ideas and opinions without censorship or restraint.
- Freedom to form associations: People have the liberty to join together and form associations, fostering collective interests and pursuits.
- Freedom of liberty: Citizens enjoy the freedom to act and make choices within the bounds of the law.
- Freedom to live life with dignity: Every individual has the right to live with inherent respect and honor, free from degradation or humiliation.
These freedoms are subjected to some limitations under the constitution based on public order, decency, and the country’s general security. However, speech that amounts to hate and leads to violent acts is not covered by the right to freedom of speech and expression. Likewise, a gathering of five people or more in a region with prohibitive directives is not allowed.
The right to freedom is one of the most valuable rights, which contributes much to democracy. It gives people a voice to express their opinions and take part in public affairs without having to worry. This provision also serves the purpose of ensuring that the government is responsible for the people; it helps them exercise their rights.
Right to Freedom
The right to freedom guarantees freedom for everyone as well as the right to live a dignified life. The same is specified under Articles 19, 20, 21A, and 22 of the Indian Constitution. In this article, we are going to discuss each of the articles, one after the other.
Below are the details about relevant articles of the Constitution and the Right to Freedom:
Right to Freedom Article 19
Article 19 guarantees six freedoms. They are:
Freedom of speech and expression: Every citizen in India is entitled to freedom of speech and expression by the state. The state may limit the freedom of speech and expression where it is necessary to protect the unity, integrity, and stability of the country, foster friendly relations with other countries, preserve public order, and prevent insults or disrespect against courts. Information on freedom of speech and expression can be found on the official website.
Freedom to assemble: Every person shall have the right to assemble peacefully, and the state shall guarantee this right. As stated above, it is possible to impose reasonable restrictions in favor of sovereignty, the integrity of the country, and public order.
Freedom to form associations, unions, or cooperative societies: The state has the authority to restrict again, in the interest of the integrity, security, and sovereignty of the country, in favor of good neighborliness with foreign countries, for public order, insult, contempt of court, or other offenses. Freedom allows workers to form trade unions, and hence this freedom is considered a basic right.
The Police Forces (Restriction of Rights) Act of 1966 prevents any formation of trade unions among police workers.
The constitution also permits parliament to enact a law that limits the right to associate with politics among armed forces, intelligence, and telecommunication system workers.
Right to Freedom Article 20
Article 20 deals with the protection of citizens against convictions for crimes. The individual is protected against the state in three ways.
Retrospective criminal legislation:
It is also referred to as ex-post-facto criminal legislation. It means that a person should not be convicted for what he did before it became illegal.
This simply implies that the laws in question should not be retroactive. However, it is not allowed to provide preventive detention, and he has no immunity before the trial. A second provision of this law dictates that an individual will not suffer any penalty more severe than the one specified in law for the offense undergone.
- Retrospective effect cannot be given to any criminal legislation.
- This immunity is not covered under the provision of preventive detention. It also does not cover any trials.
- As per the law, a person is not subjected to any punishment that is higher than that prescribed by law for the offenses committed.
Double Jeopardy:
This means that one cannot be charged with the same offense twice.
Prohibition against self-incrimination:
This means that none of those accused should be forced to incriminate himself or herself through a state authority.
Right to Freedom Article 21
According to Article 21, no one should be deprived of their life or personal liberty, as mentioned by the law. The article is very broad, so it requires interpretations that vary across the years.
- It is considered that the right to life means the right to live an appropriate and dignified life.
- In this sense, this is the most important right, as it will render all other rights irrelevant if the person does not have a right to life.
- The article defines which article sets a police state apart from a constitutional one.
Extended View of Article 21
Right to livelihood:
It gives individuals the opportunity to pursue a chosen profession or occupation.
Right against sexual harassment:
This right safeguards individuals, particularly women, from any form of sexual harassment.
Right to privacy:
The right to privacy provides control over their personal information.
Right to education:
The Right to Education guarantees every child the right to free and compulsory education.
Right to health:
The Right to Health ensures access to healthcare services for all castes, religions, and creeds.
Right to a clean environment:
The right to a clean environment ensures individuals live in an environment free from pollution.
Right to a speedy trial:
The right to a speedy trial ensures a prompt and fair legal process.
Right to legal aid:
The Right to Legal Aid ensures access to legal assistance for those unable to afford it.
Right to go abroad:
This right allows individuals the freedom to travel.
Right against custodial violence:
Individuals have the right to be free from violence or torture while in custody.
Article 21(A)
This article was introduced in the 2002 86th Constitutional Amendment. The state shall undertake to offer free primary education for all children aged six to fourteen years.
Right to Freedom Article 22
Article 22 discusses immunity against arrest or detention under specific circumstances.
Citizens as well as non-citizens can also read this article. The provision is also meant to offer some of the procedural safeguards for individuals where there is an arrest. This is something that comes into play after a person gets arrested. However, it is not a constitutional and fundamental detention and arrest case. This right prohibits random arrests and imprisonment.
The article provides the following safeguards:
Article 22(1):Â When a person is found in custody, he should be informed about the reasons for his arrest. He also has a right not to have his case heard without an advocate or to contact an advocate, a right that must be assured.
According to Article 22(2), an arrested person must appear before a judicial magistrate within one day after his arrest.
Article 22(3):Â A person cannot be held in detention for a longer period than the one set by a judicial magistrate after arrest.
However, these safeguards do not apply to:
- Enemy aliens
- People are arrested on a preventive detention basis.
What is preventive detention?
There are two types of detention:
Detention after trial is punitive detention. It is referred to as pre-trial detention or preventive detention means of detainment in the English language. This is aimed at ensuring that one does not commit a crime. Thus, one can hold people for a period that lasts until the suspicion is confirmed. Preventive detention laws dictate the rights of those arrested in such a manner.
One of India’s constitutionally fundamental rights is the right to freedom. There is a great need for an explanation of the scope of such a right. It is one of the most basic topics in Polity and Constitution under the UPSC syllabus for the CS exam.
Below is a list of the common questions to this right, which in some ways could come in handy during a UPSC examination:
1. What are the six freedoms guaranteed by the right to freedom?
1. Freedom of speech and expression:
Individuals have the right to express their thoughts and opinions without censorship.
2. Freedom of Assembly:
People can gather peacefully in groups for various purposes without interference.
3. Freedom of Association:
The right to form and join groups, including organizations and clubs, is protected.
4. Freedom of Movement:
Individuals can move freely within their country’s borders without unreasonable restrictions.
5. Freedom of Residence:
People have the right to choose where they want to live and cannot be forced to relocate.
6. Freedom of Profession:
Individuals can pursue the profession or occupation of their choice, provided it adheres to legal standards.
2. Why is the right to freedom important?
The right to freedom matters because liberty is a fundamental human right. The Indian national independence struggle was not just a fight for freedom from British rule. It was to provide basic fundamental rights and freedom to every Indian resident. It is to choose what occupation or way to spend their life as an individual. More importantly, it was a mission to live like humans with dignity and without fears.
3. What are the six fundamental rights?
The six fundamental rights are:
1. Right to Equality:
All citizens have equal rights and opportunities, regardless of caste, creed, gender, religion, or social status.
2. Right to Freedom:
Citizens enjoy the freedom of speech, expression, movement, and the right to choose their occupation.
3. Right against Exploitation:
It prohibits forced labor, child labor, and any form of human trafficking, ensuring individuals are not exploited.
4. Right to Freedom of Religion:
Guarantees the freedom to practice, profess, and propagate any religion without discrimination.
5. Cultural and Educational Rights:
Safeguards the rights of minorities to conserve their language and culture and establish educational institutions.
6. Right to Constitutional Remedies:
Citizens have the right to approach the courts for the enforcement of their fundamental rights.
Conclusion – Right to Freedom
To conclude, the right to freedom is not full-proof, as it can be limited at a given time under very specific conditions. Any limitations should be reasonable, and fairness based on the principles of natural justice should apply.
FAQs on Right to Freedom (Article 19 to 22)
What does the right to freedom include in the Indian Constitution?
As per the Indian Constitution, the right to freedom includes the right to speech, expression, assembly, association, movement, and residence.
How does the Right to Freedom balance individual liberties with public order and morality?
The right to freedom is subject to reasonable restrictions. It ensures the sovereignty and integrity of the nation. The security of the state and friendly relations with foreign countries are also taken care of.
Can the right to freedom be suspended during emergencies?
During a state of emergency, the President of India has the authority to suspend the right to freedom. There’s an exception in matters related to life and personal liberty.
What is the significance of the right to freedom in ensuring social justice?
The right to freedom plays an important role in fostering social justice by providing marginalized communities with a platform to voice their concerns and advocate for their rights.
Can a citizen seek legal remedies if their right to freedom is violated?
Yes, citizens can approach the judiciary for legal remedies if they believe their right to freedom has been infringed. They can gain the constitutional protection granted to these fundamental rights.
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