Right to Freedom : Article 19 - 22

Fundamental Rights : Article 19 - 22

In earlier topic we talk about Fundamental Rights. There are 6 fundamental rights.  Right to Equality : Article 14 - 18 is the first fundamental right, now in this topic we are going to discuss about Right to Freedom : Article 19 - 22.

1. Right to Equality : Article 14 - 18
2. Right to Freedom : Article 19 - 22
3. Right Against Exploitation : Article 23 – 24
4. Right to Freedom of Religion : Articles 25 – 28
5. Rights Related to Culture And Education : Articles 29 – 30
6. Right to Constitutional Remedies : Articles 32 

Constitution of India - Sources and Preamble of the Constitution

Right to Freedom : Articles 19 – 22

Article – 19 : Protection of Certain Rights Related to Freedom of Speech etc

1. It provides natural rights to the citizens of India. Earlier their number was seven but at present their number is six. 
• (a) - After the passage of the bill related to freedom of speech and expression, right to information in 2005, the Supreme Court has considered it a fundamental right under Article 19A but it does not have the status of a fundamental right. 
• (b) - Freedom of peaceful and unarmed assembly. 
• (c) - Freedom to form association or union or co-operative society. It was added by the 97th Constitutional Amendment Act 2011. 
• (d) - Free movement in the territory of India, that is, freedom to move anywhere without any hindrance. 
• (e) - Freedom to reside or settle anywhere in the territory of India. It was incorporated by the 44th Constitutional Amendment Act 1978. 
• (f) – Under this the right to property was a fundamental right which was repealed or abolished by the 44th Constitutional Amendment Act 1978 and it was given the status of a legal right under Article 300A. 
• (g) – Freedom to carry on any profession, occupation, trade or business has been granted. Along with this, the right to voluntarily stop the business or business is also included.
2. According to this, restrictions have been imposed on the freedom of speech and expression. In the interest of India's sovereignty and integrity, public order, security of the state, friendly relations with foreign states, courtesy and morality, contempt of court, defamation or incitement to crime, rules should be made to restrict freedom of speech and expression. can | Amended by the First Constitution Amendment Act 1951.
3. Restriction on the freedom of peaceful and unarmed assembly. In the interest of sovereignty and integrity of India, public order, security of the State, restrictions can be imposed on the freedom of peaceful and unarmed assembly. Amended by the 16th Constitutional Amendment Act 1963.
4. Restrictions on the freedom to form associations or unions or co-operative societies. In the interest of sovereignty and integrity of India, public order, security of the state, restrictions can be imposed on the freedom to form associations or unions or co-operative societies. Amended by the 16th Constitutional Amendment Act 1963.
5. Free movement in the territory of India and the freedom to reside or settle anywhere in the territory of India can be restricted to protect the interests of the general public or the interests of any Scheduled Tribe. This has been done to protect the interests of Scheduled Tribes, to maintain their distinct culture, language and customs. Amended by the 44th Constitutional Amendment Act 1978.
6. There is freedom to do any profession, occupation, trade or business, but restrictions have been imposed on illegal trade of drugs, liquor business, adulterated food items, women and children. Amended by the First Constitution Amendment Act 1951.

Hoisting of The National Flag Along With The Flags of Other Nations

• Freedom of the Press : The freedom of the press is not directly mentioned in the constitution, but the court has included it through the 'freedom of speech and expression' described under Article 19 (1A).
• Hoisting of the National Flag atop Private Buildings : The Court has held it to be a symbol of the meaning of Article 19(1A).
• Right to Privacy : By Kharak Singh v. State of U.P. and Govind v. State of M.P., the court decided that Article 19 (1D) – Right to free communication throughout the territory of India and Article 21 – Life When read together the right to privacy is obtained.
• Right to Remain Silent : The right to remain silent is also included under the right to speak. According to the court in the case of Emmanuel vs. State of Kerala, a person cannot be forced to sing the national anthem, if it violates his freedom of expression - Article 19 (1A) and the right to religious freedom - Article 25.
• The court has considered the case of phone tapping of a person as a violation of his freedom of speech and expression - Article 0-19 (1A).

Ministries and Departments of Govt. of India : A Brief Outline

Article – 20 : Protection in Respect of Conviction For Offences

Under this article, three types of freedom have been provided in relation to the conviction of crimes. But according to the 44th Constitutional Amendment Act 1978, this freedom will not be suspended under Article 359 even during emergency.

1. A person will be convicted of an offense only if he has violated any law in force while doing such an act, that is, no person will be punished under a later law for an act done earlier.
2. No person can be prosecuted and punished for the same offense more than once i.e. double punishment will not be given.
3. A person accused of an offense cannot compel any person to be a witness against himself.

Important Facts of India

Article – 21 : Protection of Life and Personal Liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law. According to Gyan Kaur vs. State of Punjab case right to life does not include right to die, it is a punishable offence. According to the Supreme Court, it includes the right to live a life free from exploitation and with human dignity. According to AIR 2003 Allahabad, an adult person can marry in a community different from his community and preventing him from doing so will be considered as misbehavior or harassment. Also, according to the 44th Constitutional Amendment Act 1978, this freedom will not be suspended under Article 359 even during emergency. The Hon'ble Supreme Court has elaborately interpreted it through various cases, some of which are as follows –

• Not paying minimum wages to the workers is depriving them of their right to survive with basic human dignity.
• To deprive a person of his right to livelihood is to deprive him of his right to life.
• According to Subhash Kumar v. State of Bihar, the right to pure water and air (good environment) is a fundamental right.
• Not providing timely medical care to a seriously injured person is a violation of the right to life.
• According to Maneka Gandhi vs Union of India case, traveling abroad is a fundamental right.
• Forcing a person to live in inhumane conditions is a violation of the right to life and is considered a more cruel punishment than hanging.
• According to the Mohinder Singh Chawla case, the right to health is an integral part of the right to life.
• The right to privacy is a fundamental right under Article 21, tapping a person's telephone would be a violation of this right.
• Right to good roads.
• Right to Legal Aid |
• Right against violence in custody.
• Right to reputation
• Rights against sexual harassment of women at workplace.

Rules For Hoisting The National Flag In Schools

Article – 21 A : Right to Education

According to this, free and compulsory primary education will be made available to children between the age of 6 to 14 years. It was added to the Constitution by the 86th Constitutional Amendment Act 2002. For this, free uniforms, free copies and books, mid-day meals and arrangements for schools and teachers have been made by the state.

Article – 22 : Protection From Arrest And Detention in Certain Cases

1. The arrested person will have to be immediately informed about the reasons for the arrest, that is, he cannot be kept in jail without telling the reason for the arrest. At the same time, he will not be denied the right to consult and defend a legal practitioner of his choice.
2. It is mandatory to produce the arrested person before the nearest magistrate within 24 hours, excluding the time of travel.
3. According to this, the rules mentioned in 1, 2 above will not apply to the citizens of the enemy country and the person arrested under preventive detention.
4. Preventive Detention Law (Detention) – A person arrested under preventive detention cannot be detained for more than three months. This is done in order to maintain peace and order from the questionable works done by him in the future. Period of his arrest Advisory Board (consisting of a chairperson and at least two members) of persons having the qualifications of a sitting or former judge of a High Court. The chairperson shall be a serving judge of the High Court and the members shall be a serving or retired judge of a High Court. ) may be extended beyond three months by the Board of Directors or in special circumstances it may be extended without the approval of the Advisory Board.

• Article 22 (1) and (2) provide for protection from arrest, while Article 22 (3) and (4) are exceptions.

Drainage System and Drainage Pattern