An Explanation on Right to Freedom

What is actually the Right to Freedom?

One of the most fundamental rights guaranteed by the Indian constitution is the right to freedom. Because of the prevalence of these freedoms, democracy serves a purpose. In many cases, the right to freedom gives rise to freedom of expression and speech, association, assembly, or cooperatives, movement, right to practice any occupation or profession, right to liberty and life, and protection from detention and arrest. The right to own and dispose of property was removed from the list of fundamental freedoms in India in 1978, thanks to the 44th amendment to the Indian constitution.

It is critical to comprehend what rights are and what they imply. Fundamental rights enshrined in the Indian constitution are regarded as critical to the country’s democratic functioning. The right to freedom ensures citizens’ freedom of expression, association, individual liberty, and the ability to live dignified lives. It’s also critical to comprehend the scope of this provision and any exceptions.

Right to Freedom and Articles 19-22

Freedom right is one of the six fundamental rights. Right to Freedom is based on the ideology which says that every human being has authority over his/her own life, choices, actions, and emotions. under the title of Right to Freedom, we are offered freedom in many aspects of life which include the right to speech, expression, basic education, and many others.  

Although this right gives us ownership of our own lives, it does not come without responsibilities. responsibility to respect and accept others’ rights. correct and sensible use of the right to freedom depends on how we interpret these rights. the individual interpretation could be subjective, indeed and this has potential for misuse of these rights. but our constitution is not subjective, and every aspect of this right is very well mentioned in the Indian Constitution under articles 19-22. Here it is clearly mentioned where one can use the Right to Freedom and what are the restrictions result from our responsibilities. 

These Articles from 19 to 22 are described herein short

Article 19

Freedom of thought and expression [Article 19(1)(a)]- which includes the freedom to hold beliefs without interference and the freedom to seek, receive, and transmit information and ideas through any medium and across all borders.” All citizens shall have the right to freedom of speech and expression,”. The philosophy behind this article can be found in the Constitution’s Preamble, where a solemn resolution is made to guarantee the liberty of thought and expression to all of the country’s citizens. 

Freedom of assembly [Article 19(1)(b)]- It is the right to assemble for meetings and take out processions. This article is revived by Apex court Section 144 (6) where the assembly of more than 5 people is an unlawful assembly.

Freedom of Association [Article 19(1)(c)]- The citizens of India have the right to form associations and build unions as per the Constitution. It is the statutory right for a person to be a member of society.

Freedom to move freely throughout the territory of India [Article 19(1)(d)]- There is no restriction for the citizen to move from one part to another of the state and out of it and is called freedom Of Movement but there are some exceptions.

Freedom to settle in any part of the territory of India [Article 19(1)(e)]- The citizens can reside in any part of the country with certain restrictions imposed by the state.

Freedom to practice any profession, carry on any occupation, business 

[Article 19 (1)(g)]- As an Indian citizen each has the right to conduct trade, business, and occupation in any territory of India.  

Article 20

Article 20 deals with citizen protection in the event of a criminal conviction. 

No person shall be convicted of any offense except for a violation of a law in effect at the time the Act charged as an offense was committed, nor shall any person be subjected to a penalty more significant than that which could have been imposed under the law in effect at the time the offense was committed.

No one may be prosecuted and punished more than once for the same offense. No one who has been charged with a crime can be forced to testify against him.

Article 21

Protection of Life and Personal Liberty: “No one’s life or personal liberty shall be taken away except in accordance with legal procedures.” This fundamental right is available to all people, both citizens, and non-citizens.

Two rights are guaranteed by Article 21:

• First, life is a human right.
• Personal liberty is a constitutional right.
• Any private individual infringing on another person’s rights does not violate Article 21. In this case, the victim’s remedy would be under Article 226 or general law.

The right to life encompasses more than just the right to live. It also entails the ability to live a full, dignified, and meaningful life.

Article 21’s primary goal is to ensure that they are protected when a person’s right to life or liberty is violated. If a person is taken away by the state, it should only be done so per the law.

Article 22

No one who has been arrested should be held in custody without being informed of the reasons for their arrest as soon as possible, nor should they be denied the right to consult and be defended by a lawyer of their choice.

Every person who is arrested and held in custody must be brought before the nearest magistrate within twenty-four hours of their arrest, excluding the time required to travel from the place of arrest to the magistrate’s court, and no one may be held in custody beyond that time without the permission of a magistrate.

Conclusion

Under Article 19 of the Indian constitution, the right to freedom is suspended during the duration of a National Emergency declared by the President of India. 

The Right to Freedom is the fundamental right that is provided by the Indian Constitution to the citizens irrespective of their caste, religion, creed, race, or gender. These rights are very important for an individual as well as society. While practicing these rights it’s the responsibility of the citizens to not go beyond some obligations recommended by the Government.

These rights are crucial because it allows the citizens to have the basic human rights that allow them to enjoy their freedom as well as which leads to a good ethical society.