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Right to Freedom: A Comprehensive Overview of India's Civil Liberties
The Indian constitution promises certain basic fundamental rights; one such right is the right to freedom. Understanding what this right includes and encompasses is crucial. For the functioning of Indian democracy, the six fundamental rights enshrined in the Constitution are deemed crucial.
Thanks to the right to freedom, people can live dignified lives and exercise their fundamental rights to free speech, association, and privacy. In this article we will tell you about Right to Freedom: A Comprehensive Overview of India's Civil Liberties. The scope of these provisions and any applicable exceptions must be understood.
Overview of The Right to Freedom
The articles (19, 20, 21A, and 22) of the Indian Constitution protect the people of India through the right to freedom. The ability to lead a dignified life is one of the rights that this right defends. The Constitutional provisions related to the right to freedom are listed below.
|19||Protection of six rights related to freedom including: Speech and expression Assembly Association Movement Residence Profession|
|20||Protection from being found guilty of a crime.|
|21||Right to personal freedom and life|
|21A||The legal right to primary education|
|22||Protection from arrest and detention in specific situations|
Overview of Article 19
Article 19 Guarantees the following Six Freedoms
Freedom of Speech and Expression
The Indian citizens have the freedom to speak and express their thoughts freely to everyone. Although the government ensures this right, there are still circumstances where the government can limit this right in order to maintain national security, good relationships with other countries, keeping order, preventing defamation or incitement to commit a crime, and avoid contempt of court.
Freedom to Assemble
Indian citizens can get together peaceably but without any weapons, and the government will protect them. However, to keep the country safe and maintain public order, there may be some rules and limits on gathering of people.
Freedom to form associations; unions; and cooperative societies
Organizations like groups, unions, and cooperative societies can be founded by individuals. However, the government may put limits on them for the sake of the country's safety, friendly relationships with other countries, maintaining public order, and protecting against negative speech or disrespect towards the court.
Freedom of Movement
Indian citizens are permitted unrestricted travel throughout the country. But sometimes for safety reasons like keeping peace in society, or protecting the rights of Scheduled Tribes, this right can also be limited.
Indian nationals are free to live anywhere in the nation. Although limitations may be imposed for the sake of public safety, order, or to safeguard the interests of the Scheduled Tribes.
Freedom of Profession
Everyone has the right to engage in any profession or line of work as long as it is legal and moral to do so. Additionally, the law does not preclude the State from passing legislation governing the technical or professional credentials necessary to engage in the profession or trade.
Overview of Article 20
The protection of citizens from being found guilty of crimes is covered by Article 20. This offers the individual three different types of defenses against the State.
- Ex-post facto criminal legislation is another name for retrospective criminal legislation. According to this, a person cannot be found guilty of an act they committed before the act was made illegal by the law.
- Because of this, criminal laws cannot be applied retroactively.
- This immunity excludes both the conduct of the trial as well as the use of preventive detention.
- The law says a person can't be punished more than what it allows for the crime they committed.
- Double jeopardy means that a person cannot be taken as guilty of the same crime twice.
Overview of Article 21
Article 21 states that unless a specific legal procedure is followed, the State is not permitted to take away someone's life or personal freedom.
- The highest court of the country has declared that the entitlement to life also involves the entitlement to receive respectful treatment.
- The right to life is critical because without it, the other fundamental rights are meaningless.
- The distinction between a police state and a constitutional state is made in this particular article.
Overview of Article 21(A)
The 86th Constitutional Amendment of 2002 added this section. It states that all children between the ages of 6 and 14 must receive free and required education from the State.
Overview of Article 22
The protection against arrest and detention in particular circumstances is covered by Article 22.
- Citizens and non-citizens alike may apply this article.
- In the event of an arrest, this provision extends certain procedural protections for people.
- It enters the picture after a person has been taken into custody. It is not a fundamental right to be free from arrest and detention.
- This right is intended to stop arbitrary detention and arrest.
Q1. What is the right to freedom short note?
Ans: The Indian Constitution protects the right to freedom as a fundamental freedom. All citizens now have the freedom to live and work anywhere on Indian soil thanks to this right. The constitution also safeguards people's rights from arbitrary state action.
Q2. How many freedom rights are there in India?
Ans: The Constitution grants some fundamental liberties to all citizens, both individually and collectively. These are protected by the Constitution under the six justifiable categories of Fundamental Rights.
Q3. What is the role of the right to freedom?
Ans: The freedom to. In order to protect individual rights that the Constitution's framers deemed essential, Articles 19 to 22 deal with the Right to Freedom. These Articles also include some limitations that the State may impose on individual liberty under certain circumstances.
Q4. What is the importance of freedom?
Ans: Freedom is crucial because it gives us the freedom to be who we are, which makes it easier to cooperate after maintaining individuality. Freedom is very important because the alternative is bad for us and goes against who we are at our core.
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