Right to Freedoms (Article 19 to Article 22)

2. Right to Freedom (Articles 19-22)

• Analysis: This encompasses various freedoms, including speech and expression, assembly, association, movement, residence, and profession.
• Recent Developments: The increasing debate over internet shutdowns and their impact on freedom of expression, especially in regions like Jammu and Kashmir, highlights the challenges in balancing national security and individual freedoms.

Protection of rights in relation to freedom of speech etc. (Article 19)

It gives the Concept of Reasonable Restrictions.

Every citizen shall have the following rights:

• Freedom of speech and freedom of expression,
• Freedom to assemble peaceably without arms,
• Freedom to form any party or any association or co-operative societies,
• Freedom to move freely in India anywhere,
• Freedom of residence in any part of the country,
• Freedom to practice any profession, or carry on any occupation, trade, or business.

Protection in Conviction for offenses (Article 20):

• It gives protection against ex post facto laws, protection against double jeopardy, protection against self-incrimination.

Protection of life and liberty  (Article 21):

• It states that law should embody the principle of natural justice.
• The procedure established by law must satisfy the requirements of fairness and reasonableness.
• Personal liberty includes human dignity.

Article 21 A: Right to education:

• Inserted by 86th amendment act,
• Free and compulsory education to all the children of the age of six to fourteen years by the State.

Protection against Arrest (Article 22):

• Persons detained under ordinary laws have the Right to be informed of the grounds of arrest, the Right to be consulted and represented by a lawyer of choice, and the Right to be produced before a Magistrate within 24 hours of arrest.
• Persons detained under preventive detention laws
• No detention should be made for longer than three months ( two months by 44th amendment act),
• The state shall communicate the grounds on which the order is made against such person and the opportunity of representation against such order.

Fundamental Rights of India were included from the Magna Carta of England, the declaration of Rights of Man and Citizens (France), and the U.S. bill of rights. Indian Constitution Articles 12-35 are those rights that protect an individual from the atrocities of the State and these rights are protected and guaranteed by the constitution. These rights are regarded as ‘Fundamental‘ because they are most essential for the attainment of certain basic liberties and freedom in order to live a dignified life and the Constitutional Rights in India also allow an individual to move directly to the Supreme Court for the reinforcement of his/her fundamental right as and when they are violated or restricted.