Right to Freedom

Right to Freedom: A Fundamental Right in India

Right to Freedom is one of the most cherished values of human beings. It is the ability to act, speak, think and choose without any external constraints or interference. Freedom is essential for the development of one’s personality, creativity and potential. Freedom is also a prerequisite for democracy, as it enables people to participate in the governance of their country and express their opinions and grievances.

In India, the right to freedom is a fundamental right guaranteed by the Constitution of India. It is enshrined in Part III (Article 19-22) of the Constitution and is considered as the cornerstone of democracy and human dignity. The right to freedom includes six freedoms that are subject to reasonable restrictions imposed by law in the interests of sovereignty, security, public order, morality, etc.

In this article, we will discuss the scope and significance of the right to freedom in India and how it can be protected and enforced.

What are the Six Freedoms under the Right to Freedom?

The six freedoms under the right to freedom are:

• Freedom of speech and expression: This freedom allows citizens to express their views, opinions, beliefs and ideas through any medium, such as words, writing, printing, pictures, films, etc. It also includes the freedom of press and media, which play a vital role in informing and educating the public and holding the government accountable. However, this freedom is not absolute and can be restricted on grounds such as defamation, contempt of court, incitement to violence, sedition, etc.
• Freedom of assembly: This freedom allows citizens to assemble peacefully without arms for any lawful purpose. It enables people to form groups, associations, unions, cooperatives, etc. and participate in social movements, protests, demonstrations, etc. However, this freedom can be restricted on grounds such as public order, security, health, etc.
• Freedom of association: This freedom allows citizens to form or join any association or union of their choice. It includes the right to form political parties, trade unions, NGOs, etc. and also the right not to join any association or union. However, this freedom can be restricted on grounds such as sovereignty, integrity, morality, etc.
• Freedom of movement: This freedom allows citizens to move freely throughout the territory of India. It also includes the right to reside and settle in any part of India. However, this freedom can be restricted on grounds such as public interest, health, security, etc.
• Freedom of residence: This freedom allows citizens to reside and settle in any part of India. It also includes the right to own property and carry on any occupation or trade in any part of India. However, this freedom can be restricted on grounds such as public interest, health, security, etc.
• Freedom of profession: This freedom allows citizens to practice any profession or occupation or trade or business of their choice. It also includes the right to choose one’s mode of livelihood and earn a living. However, this freedom can be restricted on grounds such as public interest, health, security, morality, etc.

What are the Constitutional Provisions related to the Right to Freedom?

The constitutional provisions related to the right to freedom are given in Articles 19-22 of the Constitution of India. They are:

Article	Brief description
Article 19	Protection of 6 rights concerning the freedom of: Speech and expression, Assembly, Association, Movement, Residence, Profession
Article 20	Protection with respect to conviction for offences
Article 21	Right to life and personal liberty
Article 21A	Right to elementary education
Article 22	Protection against arrest and detention in certain cases

Article 19: Freedom of Speech and expression, Assembly, Association, Movement, Residence, Profession

This article guarantees six freedoms (Speech and expression, Assembly, Association, Movement, Residence, Profession) to all citizens subject to reasonable restrictions by law.

Article 20: Protection from arbitrary conviction for offences

This article protects citizens from arbitrary conviction for offences by providing safeguards such as no ex post facto law (law made after an act is committed), no double jeopardy (no person can be punished twice for the same offence) and no self-incrimination (no person can be compelled to be a witness against himself).

Article 21: Right to life and personal liberty

This article guarantees the right to life and personal liberty to all persons. It means that no person can be deprived of his life or liberty except according to procedure established by law. It also includes various other rights such as right to privacy , right to health , right to education , right to livelihood , right to clean environment , etc.

Article 21A: Free and compulsory education for all children

This article provides for free and compulsory education for all children between 6-14 years of age as a fundamental right.

Article 22: Protection against arrest and detention in certain cases

This article provides protection against arrest and detention in certain cases by laying down certain rights such as right to be informed of the grounds of arrest , right to consult a lawyer , right to be produced before a magistrate within 24 hours , etc.

Note: Article 20 and 21 can not be suspended during emergency. Otherwise, all other articles related to fundamental rights can be suspended during emergency.

What is the Significance of the Right to Freedom?

The right to freedom is one of the most important fundamental rights in India as it:

• Enables citizens to enjoy civil liberties and express themselves freely.
• Empowers citizens to voice their opinions , form associations , pursue their occupations , travel within and outside India , access education and seek legal remedies against arbitrary actions by the state.
• Safeguards citizens’ life and liberty from any unlawful deprivation or violation.
• Promotes social justice and inclusion by ensuring equality , liberty , fraternity and justice for all.

How can the Right to Freedom be Protected and Enforced?

The right to freedom can be protected and enforced by:

• The judiciary , which is the guardian of the Constitution and the fundamental rights. It can issue writs such as habeas corpus , mandamus , prohibition , quo warranto and certiorari for the enforcement of these rights. It can also declare any law or action that violates these rights as unconstitutional and null and void.
• The legislature , which can enact laws to give effect to these rights and prescribe punishment for their violation. It can also amend the Constitution to add or modify these rights, subject to the basic structure doctrine .
• The executive , which can implement the laws and policies that uphold these rights and take action against their violation. It can also issue ordinances to protect these rights in case of emergency.
• The civil society , which can raise awareness and mobilize public opinion in favour of these rights and protest against their violation. It can also file public interest litigation (PIL) in the courts for the enforcement of these rights.

What are the Challenges and Issues related to the Right to Freedom?

The right to freedom is not without its challenges and issues. Some of them are:

• The conflict between individual freedom and social responsibility: Sometimes, the exercise of one’s freedom may affect the rights and interests of others or the society at large. For example, the freedom of speech and expression may lead to hate speech, fake news, defamation, etc. that may harm the reputation, dignity or security of others or the nation. Similarly, the freedom of religion may lead to communal violence, conversion, blasphemy, etc. that may disturb the public order or secular fabric of the country. Therefore, there is a need to balance individual freedom with social responsibility and respect for others’ rights.
• The misuse and abuse of state power: Sometimes, the state may misuse or abuse its power to curtail or violate the right to freedom of citizens for its own interests or motives. For example, the state may impose unreasonable restrictions on the freedom of speech and expression or the freedom of assembly and association in the name of national security or public order. Similarly, the state may arrest or detain citizens without following due process of law or subject them to torture or custodial violence in violation of their right to life and personal liberty. Therefore, there is a need to check and prevent the misuse and abuse of state power and ensure accountability and transparency in its functioning.
• The lack of awareness and education: Many citizens are not aware of their right to freedom and its implications. They are also not educated about their duties and obligations towards the state and society. This leads to ignorance, apathy and indifference towards this right and its protection and enforcement. Therefore, there is a need to raise awareness and education among citizens about their right to freedom and its importance for democracy and human dignity.

How can we Strengthen and Promote the Right to Freedom?

The right to freedom is a fundamental right that empowers and enables citizens to live a life of dignity among other things. It is also a prerequisite for democracy, as it allows citizens to participate in the governance of their country and express their opinions and grievances. Therefore, it is our duty and responsibility to strengthen and promote this right in every possible way. Some of the ways are:

• By respecting and upholding this right in our personal and professional lives.
• By exercising this right responsibly and reasonably without infringing on others’ rights or interests.
• By raising our voice against any violation or infringement of this right by anyone.
• By supporting and joining civil society organizations that work for the protection and promotion of this right.
• By educating ourselves and others about this right and its significance for democracy and human dignity.

Conclusion

The right to freedom is a fundamental right that guarantees six freedoms to all citizens subject to reasonable restrictions by law. It is enshrined in Articles 19-22 of the Constitution of India and is considered as the cornerstone of democracy and human dignity. We have discussed the scope, significance, challenges, issues and ways to strengthen and promote this right in India. The right to freedom is a dynamic concept that evolves with changing times and circumstances. The Supreme Court has interpreted this right in various ways to expand its scope and content. The right to freedom is not only a legal right but also a moral right that reflects our values and aspirations as a nation. It is our duty and responsibility to respect, protect and promote this right for ourselves and others. It is also our privilege and opportunity to enjoy this right for our personal growth and social development.

Important QnA related to Right to Freedom

Q1. What are the reasonable restrictions on the right to freedom?

A. The reasonable restrictions on the right to freedom are the limitations imposed by law in the interests of sovereignty, security, public order, morality, etc. For example, the freedom of speech and expression can be restricted on grounds such as defamation, contempt of court, incitement to violence, sedition, etc.

Q2. What are the writs that can be issued by the judiciary for the enforcement of the right to freedom?

A. The writs that can be issued by the judiciary for the enforcement of the right to freedom are:

• Habeas corpus: It is a writ that commands the authority to produce the person who has been detained or imprisoned before the court and justify the grounds of detention or imprisonment.
• Mandamus: It is a writ that directs the authority to perform a duty that it is legally bound to do.
• Prohibition: It is a writ that restrains the authority from doing something that it is not legally authorized to do.
• Quo warranto: It is a writ that questions the legality of the authority’s claim to hold a public office or position.
• Certiorari: It is a writ that transfers a case from a lower court or tribunal to a higher court for review or correction.

Q3. What are the other rights that are derived from the right to life and personal liberty under Article 21?

A. The other rights that are derived from the right to life and personal liberty under Article 21 are:

• Right to privacy: It is the right to be left alone and protect one’s personal information, choices and preferences from any unwarranted intrusion by the state or private entities.
• Right to health: It is the right to access adequate and affordable health care services and facilities and live in a clean and healthy environment.
• Right to education: It is the right to receive free and compulsory education for all children between 6-14 years of age and also access higher education according to one’s merit and ability.
• Right to livelihood: It is the right to choose one’s mode of livelihood and earn a living without any undue interference or exploitation by the state or private entities.
• Right to clean environment: It is the right to enjoy a pollution-free environment and natural resources and also participate in their conservation and protection.

Q4. What are the differences between Article 19(1)(a) and Article 19(1)(b)?

A. The differences between Article 19(1)(a) and Article 19(1)(b) are:Open in browser

Article 19(1)(a)	Article 19(1)(b)
It guarantees freedom of speech and expression	It guarantees freedom of assembly
It allows citizens to express their views, opinions, beliefs and ideas through any medium	It allows citizens to assemble peacefully without arms for any lawful purpose
It includes freedom of press and media	It includes freedom to form groups, associations, unions, cooperatives, etc.
It can be restricted on grounds such as defamation, contempt of court, incitement to violence, sedition, etc.	It can be restricted on grounds such as public order, security, health, etc.

Q5. What are the benefits of joining civil society organizations that work for the protection and promotion of the right to freedom?

A. The benefits of joining civil society organizations that work for the protection and promotion of the right to freedom are:

• They provide awareness and education about this right and its importance for democracy and human dignity.
• They mobilize public opinion and support in favour of this right and protest against its violation.
• They file public interest litigation (PIL) in the courts for the enforcement of this right.
• They monitor and evaluate the performance and accountability of the state authorities with respect to this right.
• They collaborate and network with other national and international organizations working for similar causes.

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