Rights to freedom - INSIGHTSIAS

Article 19: Right to freedom

It has six rights within it
Right to hold property was deleted by the 44^th amendment act of 1978
These rights are not applicable to aliens, legal corporation
They are not available against private individuals
Reasonable restrictions can be imposed on enjoyment of these rights
Restrictions should be based on the grounds mentioned in article 19 and not on any other grounds

Freedom of speech and expression

Includes freedom of commercial advertisements
Right against bundh called by a political party
Freedom of silence
It does not include right to strike

Reasonable restrictions

Sovereignty and integrity of India
Security of the state
Friendly relations with foreign states
Public order
Decency or morality
Contempt of court
Defamation and
Incitement to an offence

Freedom of assembly

Can be exercised only on public land
Assembly must be peaceful and unarmed
Reasonable restriction: sovereignty and integrity of India and public order

Freedom of association

Right to obtain recognition of the association is not a fundamental right
Right to strike is not a constitutional right can be regulated by appropriate law

Reasonable restriction: interest of general public and protection of interests of any scheduled tribes
Article 19 does not deal with movement outside the country
Freedom of residence is complementary to the above right
Freedom of profession

Article 20: Protection in respect of conviction for offences

Grants protection against arbitrary and excessive punishment to an accused person
Applicable to almost everyone

No ex-post facto law (not on civil or tax laws or even on criminal trials, preventive detention cases)
No double jeopardy (not available in proceedings before departmental or administrative authorities)
No self-incrimination (not applicable to civil proceedings)

Article 21: protection of life and personal liberty

“procedure established by law”
Gopalan case: not available against arbitrary legislative action
Maneka Gandhi case: wider interpretation of article 21 (just, fair and reasonable)
Various rights included under this are:
Right to live with human dignity.
Right to the decent environment including pollution-free water and air and protection against hazardous industries.
Right to livelihood.
Right to privacy.
Right to shelter.
Right to health.
Right to free education up to 14 years of age.
Right to free legal aid.
Right against solitary confinement.
Right to a speedy trial.
Right against handcuffing
Right against inhuman treatment.
Right against delayed execution.
Right to travel abroad.
Right against bonded labor.
Right against custodial harassment.
Right to emergency medical aid.
Right to timely medical treatment in a government hospital.
Right not to be driven out of a state.
Right to a fair trial.
Right of prisoner to have necessities of life.
Right of women to be treated with decency and dignity
Right against public hanging.
Right to hearing.
Right to information.
Right to reputation.
Right of appeal from a judgment of conviction
Right to social security and protection of the family
Right to social and economic justice and empowerment
Right against bar fetters
Right to appropriate life insurance policy
Right to sleep
Right to freedom from noise pollution
Right to electricity
Right to Privacy

Article 21A: Right to education

Free and compulsory education to all children in the age group of 6-14 years
Added by 86^th constitutional amendment act

Article 22: Protection against arrest and detention

Two types of detention: punitive and preventive

First part of article 22

Right to be informed on the grounds of arrest
Right to consult and be defended by a legal practitioner
Right to be produced before a magistrate within 24 hours
Right to be released after 24 hours unless the magistrate authorizes further detention

These are applicable to those acts which are of a criminal or quasi-criminal nature

These safeguards are not available to a person detained under preventive detention law and also to an alien

Preventive detection provisions are applicable to both citizens as well as aliens

Detention of a person cannot exceed three months unless an advisory board recommends the same (the board is to consist of judges of a high court)
Ground of detention should be communicated to Detenu. However, facts considered important may not be communicated
Opportunity for representation should be provided.

Constitution has divided the legislative power with regard to preventive detention between Parliament (exclusively for defence, foreign affairs and security of India) and the state legislatures