Right To Freedom

Article 19 of Indian Constitution enumerates certain positive rights in order to promote the ideal of liberty promised in the Preamable.  Six fundamental rights in the nature of freedom are guaranteed to the citizens in the Article.  Freedom of speech and expression subject to reasonable restrictions on grounds of sovereignty and integrity of India, security of the State, friendly relations with foreign states, decency and morality, incitement to an offence, public order, defamation and contempt of court.

Freedom of assembly provided it is peaceful and without arms subject to reasonable restrictions by State in the interest of public orders, sovereignty and integrity of India.  Freedom to form associations or unions subject to reasonable  restrictions on grounds of sovereignity and integrity of Indiam, public order and morality. 

Freedom to move freely throughout the territory of India subject to reasonable restrictions in the interests of the general public or for the protection of any Scheduled Tribe.  Freedom to reside or settle in any part of territory of India subject to the restrictions in the interests of the general public . 

Freedom to practise any profession, or to carry on any occupation, trade or business, subject to reasonable restrictions in the interests of general public and any law laying down technical qualifications and state monopoly of trade or business.

Article 20 accords protection in certain respects to all person against conviction for offences by prohibiting retrospective criminal legislation or ex post facto legislation.  Punishment for the same offence  more than once, compulsion to give self-incriminating evidence.   Article 21 provides protection to life and liberty to all persons by stating that no person shall be deprived of his life or personal liberty except according to the procedure established by law.  Personal freedom is secured by the Indian Constitution by the judicial writ of habeas corpus.

Article 22 affords protection against arbitrary arrest and detention.  It stipulates that no person who is arrested is to be detained in custody without being inforemd of the grounds of arrest, no such person shall be denied the right to be defended by a legal practitioner of his choice, every arrested and detained person shall be produced before the nearest magistrate within a period of 24 hours of his arrest.   These safeguards are not available to an enemy alien and a person detained under a law providing  for preventive detention

 

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Article Written by manas

Pen is mightier than sword. It has always been and will be. Creative thoughts can be developed and circulated among the public to overall growth and development. Writing is the only way through which one can do the same. I have a deep inclination towards writing.


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