Brief description of the right to freedom articles
|Articles:||Brief description: Right to Freedom[19-22]|
|Article 19||Article 19 Confers six different freedom. Speech & expression, Assemble, Association, Movement, Residence, Vocation.|
|Article 20||Article 20 provides three types of protection against the state.|
1. Article 20(1): Ex post-Facto
2. Article 20(2): Double Jeopardy
3. Article 20(3): Related to self-incriminating evidence.
|Article 21||Right to life (both citizens & foreigners)|
|Article 22||Extends protection against arrest & detention in certain cases.|
Note- Article(19)(f)- Right to Property was removed from right to freedom Article 19 by 44th Amendment Act-1978.
Let’s move forward into explanation of the right to freedom Article 19 to Article 22.
right to freedom – Article 19 – six democratic rights
- Guarantees to all citizens, Right to Speech & Expression. After Article 21, Article 19(1)(a) has undergone the most liberal interpretation from the Supreme Court.
The right to Freedom of Speech and Expression has the following meanings.
- National Flag Hosting: It is also a way of expressing oneself so it is constitutional as per Jindal Vs Union Of India case 2004.
- Sports: Sports is also an expression of oneself so it is constitutional as well.
- Right to Speech and Expression: It includes the right of a citizen to express the views and opinions. From this right of Freedom of Press is originated.
- Political descent: It includes the right to Political Dissent i.e right to differ from views of Government.
- The right to freedom of Speech and Expression is even not limited by the boundary of the country. Citizens enjoy them even while traveling around in other countries as well.
- Article 19(1)(a) also means the right to have access to information but it is only the Right To Information act 2005 which tells us, how we can access information.
When Right to Freedom of speech and expression article 19 can be restricted?
- Freedom of Speech & Expression can be restricted on grounds of Security & Sovereignty of India, maintenance of Public Order, etc.
There are so many rights that are derived from Article 19(1)(a).
1. Flag hosting under Naveen Jindal case
2. Running press is also a right to freedom of speech and expression and it is also a derived right.
3. Right to Information is another derived right. It is used to access information from the state, that is why the state comes with the RTI act.
All rights are interpreted by the Supreme Court.
The right to Freedom of speech and expression is very important. Otherwise, what a person can do, if he cannot say something that he feels.
Question: Is hosting a flag of Pakistan is unconstitutional?
Answer: Unless & until it is affecting the integrity of the country it is not, just hosting may not be unconstitutional.
However, if that is actually a symbolic way of showing your hate towards India then it is unconstitutional.
Even if the flag is hosted to convey your disaffection to India is unconstitutional as well.
As India is a democracy, so political descent is also a Fundamental Right in India.
Political descent means to disagree with government.
Fundamental rights including the Right to freedom of speech and expression are always with you. No matter which country you go to. They are provided by the Indian State.
When the right to freedom of speech & expression can be restricted?
When you do something unconstitutional.
If we have a war with Pakistan & some people are hoisting the flag of Pakistan in India during wartime. Those people can be arrested & their Right to Freedom of speech & expression can be restricted.
There can be other instances as well when the right to freedom of speech and expression can be restricted.
NOTE: Explanation is for Understanding only.
- Guarantees right to Assemble including the right to hold meetings & carrying out processions but only in peaceful ways.
- This article guarantees to form associations of any type.
- 97th Amendment Act 2011 brought the Right to form Cooperative Society within the scope of Article 19(1)(c).
- Article 19 (1)(c) includes the Right to form Political Association & Trade Union. However, the right to form Trade Union does not imply having a Fundamental Right to Strike. Though the Right to strike may be a legal right but it is not a Fundamental Right.
- Supreme Court in 1998 held that Bandh or Shut down is illegal as it involves elements of force & disturbs public disorder.
The right to strike can be a Legal Right but is not a Fundamental Right.
The bandh is illegal because it is a violent version of the strike and is not in the scope of the right to freedom of speech and expression.
What is exception to article 19 1 c?
- Exception: Article 33 empowers Parliament to impose restrictions on Right to Form Associations available to Security Forces for the interest of the nation.
- Using this Parliament passed the Navy, Army, Airforce & police act & denied the Right to freedom of forming Associations to these forces.
- As per the Supreme Court, even Civil Servants associated with Security forces do not enjoy the Right to Form Political Association.
- Guarantee’s right to move freely throughout India. The word free means that the right of a citizen to move whenever & wherever he wants, he can.
When Article 19 1 d can be restricted?
It can be restricted on grounds of:
- Public order
- Schedule Tribes Area.
Visiting Kashmir, one can be stopped on grounds of security.
Chandipur known for missile launch is also a place where one can be stopped, on grounds of security.
Inner Line Permit (ILP)– Entry into some particular states (Arunachal Pradesh, Mizoram, etc), you need to take permission prior if you want to go to such places.
This is generally done to avoid economic activities in those areas.
For Scheduled Tribe areas
In Andaman & Nicobar island. There is a particular tribe called Jarawas. Tourists try to give them food and were making entertainment out of their dance which was seen as a kind of mockery.
In response to which the Supreme Court directed the government to permanently close the road so no one can go there.
People were going to those areas which were inhabited by Primitive Tribes and disturbing their way of life.
The then, government policy was simple that we should not go intentionally & disturb them.
At other places, people can go anywhere provided they should not disturb the public order.
NOTE: Explanation is for Understanding only.
- This article ensures all the citizens, the freedom of residence & settlement.
NOTE: Article 19(1)(f) Right to Property got removed along with Article 31 from the list of Fundamental Rights & is made as a constitutional Legal Rights under Article 300(a) by 44th Amendment Act 1978.
- This article ensures right to freedom of Vocation of one’s choice.
- The state can impose restrictions on it by even completely banning a profession or taking over a business completely or partially in Public Interest.
Vocation means a job.
However, doing something illegal like Drug Trafficking is not a right to freedom of vocation.
The nationalization of banks was done many times after independence. However, this was done because banks were not providing loans to people who were meant to be served.
So the nationalization was not an encroachment of their right to freedom of vocation of jobs.
Even as a butcher, slaughtering is one’s job. But a ban is there on slaughtering a bull and bullocks below the age of 16 years.
NOTE – Explanation is for understanding only.
Exciting isn’t it? Well, We have finished Article 19 of Right to freedom. Furthermore, lets now see Article 20.
Right to Freedom – Article 20 – Protection from state
- The state has wide powers to punish someone which can be misused by the state.
- In order to protect someone’s right to freedom on specific grounds, constitution has provided three types of protection for their Fundamental rights which are described below.
Three types of protection against the collective power of state.
Article 20(1) – Ex post-Facto
- Under Article 20(1) state is prohibited from enacting Ex post-Facto.
- Ex Post Facto means enacting a Law and giving it retrospective effect.
- Under Article 20(1) no man shall be convicted and sentenced for an act done in past, which was not a criminal act at that time .
Ex Post facto means if someone has done something which is declared illegal at a later time. Then the person cannot be punished retrospectively.
Retrospective means looking towards the past.
The person cannot be punished because in the past it was not the law.
NOTE – Explanation is for understanding only.
Article 20(2) – Double Jeopardy
- Double Jeopardy – means placing someone on trial a second time for an offense for which he/she has been previously acquitted.
- Article 20(2) prohibits the state from practicing Double Jeopardy (in a court of law) if committed a single offense.
- However, if a Civil Servant is convicted by his department firstly on basis of his criminal conviction and then again in a court of Law, then it does not amount to Double Jeopardy.
- It says that state shall not compel an individual to provide self incriminating evidence.
Right to freedom Article 20(3) says that nobody can be forced to provide evidence against himself.
Example – There was a famous case N.D Tiwari paternity case filed by Rohit Shekhar in Delhi High court.
Rohit Shekhar claimed N.D Tiwari as his biological father which N.D Tiwari was not accepting. Later the court asked for the DNA Test.
N.D Tiwari rejected the appeal for DNA test & he claimed that it is a violation of his Right to freedom under Article 20(3).
However, the court said it is not a violation of Article 20(3). The DNA test is ordered to acknowledge the person who has filed a complaint & to respect his dignity & right to life.
Another instance is related to Nacro Analysis where the person is given a drug, to get him into a semi-conscious state. This was done usually to reveal the truth.
Many people objected against Nacro Analysis stating that, when we say something in a semi-conscious state, it can be used against us.
But the Court replied that the statements given are not meant to be taken as evidence, it is just to lead to the truth.
NOTE: Explanation is for understanding.
Any doubts, Leave a comment below. Now let us move on to the third article of the right to freedom which is Article 21 – Right to Life.
Right to Freedom – Article 21 – Right to life
- Article 21 – Right to life is considered as the backbone of Part 3 (Fundamental Rights) & Part 4(DPSP’s) which guarantees all the individual, Right to Life & Personal liberty.
- It is provided to both citizens as well as foreigners.
- Article 21 as per the supreme court does not only provide the right to life, but also the right to a dignified life.
- Moreover, it could be clearly seen that all rights such as Fundamental Rights and DPSP’s, they ultimately aim to extend the quality of life for people.
- All Fundamental Rights will be meaningless without Article 21.
- Article 21 has emerged as fundamental of all the Fundamental Rights in India & has been interpreted in most extensive manner i.e most evolved article which has given rise to the largest number of inferred (derived) rights.
- Inferred rights or Derived rights are those rights that are not mentioned in the constitution but are now declared as rights by the Supreme Court.
Few Examples of Dervied Rights from Article 21
- Right to privacy.
- Right to primary education.
- Right to a speedy trial.
- Right to health of workers.
- Right to shelter.
- Right to clean environment
- Right against cruel punishment.
- Right to corruption-free administration and so on.
There are two concepts that we need to understand with respect to Article 21.
1. Procedure established by law.
2. Due process of Law.
Aspirants can read more about the Right to life by this linked article, Article 21 Right to Life.
Now here comes our final Article in the Right to Freedom Section which is Article 22.
RIght to freedom – Article 22 – Arrest and detention
- Article 22 of the Indian constitution extends protection against arrest and detention in certain cases.
- It grants protection to those who are arrested or detained.
Article 22 talks about two types of detention
- Punitive Detention.
- Preventive Detention
Aspirants can read more about Article 22 in this linked article.
Congratulations, you have finished Article 19 to Article 22 of the Right to freedom. If you have any doubts or queries, feel free to leave a comment below. We will respond as soon as possible.
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