Sie sind auf Seite 1von 61

RIGHT TO FREEDOM ARTICLES (19-22)

PRESENTED BY: Click to edit Master subtitle style

5/4/12

INTRODUCTION

Personal liberty is the most important of all Fundamental Rights. ARTICLE 19 to 22 deal with different aspects of this basic right. The six fundamental rights in the nature of freedoms which are guaranteed to the citizens by ARTICLE 19 of the Constitution. The SIX FREEDOMS:

A)FREEDOM OF SPEECH &EXPRESSION B)FREEDOM OF ASSEMBLY C)FREEDOM TO FORM ASSOCIATIONS D)FREEDOM OF MOVEMENT E)FREEDOM TO RESIDE AND TO SETTLE 5/4/12

Art19(1)()a says that all citizens shall have the right to freedom of speech and expression. But this right is subject to limitations imposed under Art19(2) which empowers the State to put reasonable restrictions on the following grounds, eg; security of the State, friendly relations with foreign States, public order, decency and morality, contempt of court, defamation, incitement to offence and integrity and sovereignty of India.
5/4/12

A)FREEDOM OF SPEECH & EXPRESSION (ARTICLES 19(1)(a)&19(2))

MEANING & SCOPE:Freedom of Speech & Expression means the right to express ones own convictions and opinions freely by words of mouth, writing,printing,pictures or any other mode. It includes the expression of ones ideas through any communicable medium or visible representation,such as, gesture,signs,and the like.

5/4/12

Freedom of expression has 4 broad special purposes to serve: 1)It helps an individual, to attain self-fulfilment, 2)It assist in the discovery of truth, 3)It strengthens the capacity of an individual in participating in decision making, 4)It provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change.
5/4/12

Art.19(1)(b) guarantees to all citizens of India right to assemble peaceably and without arms. The right of assembly includes the right to hold meetings and to take out processions. This right is subject to the following restrictions:1)The assembly must be peaceable, 2)It must be unarmed, 3)Reasonable restrictions can be imposed under Clause 3 of Art.19.
5/4/12

B)FREEDOM OF ASSEMBLY (ARTICLES 19(1)(b) &19(3))

The assembly must be non-violent and must not cause any breach of public peace. If the assembly is disorderly or riotous then it is not protected under Art.19(1)(b) and reasonable restrictions may be imposed under Clause(3) of Art.19 in the interests of sovereignty and integrity of India or public order.

5/4/12

WHEN A LAWFUL ASSEMBLY BECOMES UNLAWFUL:If an assembly becomes unlawful it can be dispersed. An assembly of five or more persons becomes an unlawful assembly if the common object of the persons composing assembly is:a)

To resist the execution of any law or legal process, To commit any mischief or criminal trespass, Obtaining possession of any property by force, To compel a person to do what he is not legally bound to do or omit which he is legally entitled to do, 5/4/12

a)

a)

a)

Art.19(1)(c) of the Constitution of India guarantees to all its citizens the right to form associations and unions Under Clause(4) of Art19, the State may by law impose reasonable restrictions on this right in the interest of public order or morality or the sovereignty and integrity of India.

C) FREEDOM TO FORM ASSOCIATION (ARTICLES 19(1)(c)& 19(4))

5/4/12

The right of association pre-supposes organisation. It is an organisation or permanent relationship between its members in matters of common concern. It includes the right to form companies,societies, partnership, trade union and political parties. The freedom to form association implies also the freedom to form or not to form, to join or not to join, an association or union.

5/4/12

D) FREEDOM OF MOVEMENT (ARTICLES19(1) (D) &19(5)) to all citizens of India the Art.19(1)(d) guarantees
right to move freely throughout the territory of India. This right is subject to reasonable restrictions mentioned in Clause(5) of Art.19 ie; in the interest of general public or for the protection of the interest of any Scheduled Tribe. Art.19(1)(d) of the Constitution guarantees to its citizens a right to go wherever they like in Indian territory without any kind of restriction. They can move not merely from one State to another but from one place another within the same State.

5/4/12

The right of a citizen to move freely may also be restricted for the protection of the interest of Scheduled Tribes. The object is to protect the original tribes which are mostly settled in Assam.These tribes have their own culture, language,customs and manners. It was considered necessary to impose restriction upon the entry of outsiders to these areas. It was feared that uncontrolled mixing of the tribes with the people of other areas might produce undesirable effect upon the tribal people.
5/4/12

E) FREEDOM OF RESIDENCE (ARTICLES19(e)&19(5))


According to Art.19(1)(e) every citizen of India has the right to reside and settle in any part of the territory of India. Under Clause(5) of Art.19 reasonable restriction may be imposed on this right by law in the interest of the general public or for the protection of the interest of any Scheduled Tribe. The object is to remove internal barriers within India or any of its parts. The words the territory of India indicate freedom to reside anywhere and in any part of the State of India.
5/4/12

F)FREEDOM OF PROFESSION, OCCUPATION, TRADE OR BUSINESS (ARTICLES19(1) (g)&19(6))


Art.19(1)(g) guarantees that all citizens shall have the right to practice any profession, or to carry on any occupation, trade or business. The right to carry on a profession, trade or business is not unqualified. It can be restricted and regulated by authority of law.
5/4/12

Thus the State can under Clause(6) of Art.19 make any law:a)Imposing reasonable restriction on this right in the interest of public, b)Prescribing professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, c)Enabling the State to carry on any trade or business to the exclusion of citizens wholly or partially.

5/4/12

PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES (ARTICLE 20)


Click to edit Master subtitle style

PRESENTED BY:

5/4/12

ARTICLE 20 of the INDIAN CONSTITUTION provides the following


safeguards to the persons accused of crimes:a)Ex post facto law: Clause (1) of Article 20 b)Double jeopardy: Clause (2) of Article 20 c)Prohibition against self-incrimination: Clause (3) of Article 20

5/4/12

A) PROTECTION AGAINST EX POST FACTO LAW


Clause (1) of Article 20 of the Indian Constitution says that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

5/4/12

The first part of Clause(1) provides that no person shall be convicted of any offence for violation of law in force at the time of the commission of the act charged as an offence. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.

5/4/12

The second part of Clause(1) protects a person from a penalty greater than that which he might have been subjected to at the time of the commission of the offence

5/4/12

B) PROTECTION AGAINST DOUBLE JEOPARDY


ARTICLE 20(2) of the Indian Constitution says that no person shall be prosecuted and punished for the same offence more than once. This Clause embodies the common law rule of nemo debet vis vexari which means that no man should be put twice in peril for the same offence.

5/4/12

`
Under Art.20(2) the protection against double punishment is given only when the accused has not only been prosecuted but also punished ,and is sought to be prosecuted second time for the same offence. The word prosecution as used with the word punishment embodies the following essentials for the application of double jeopardy rule. They are:-

5/4/12

1)The person must be accused of an offence. The word offence means any act or omission made punishable by law for the time being in force. 2)The proceeding or the prosecution must have taken place before a court or judicial tribunal. 3)The person must have been prosecuted and punished in the previous proceeding. 4)The offence must be the same for which he was prosecuted and punished in the previous proceedings.
5/4/12

C) PROHIBITION AGAINST SELF-INCRIMINATION Clause (3) of ARTICLE 20 provides that no person

accused of any offence shall be compelled to be a witness against himself.

Thus, Article 20(3) embodies the general principles of English and American Jurisprudence that no one shall be compelled to give testimony which may expose him to prosecution for crime. The cardinal principle of criminal law which is really the bed rock of English Jurisprudence is 5/4/12 that an accused must be presumed to be

The right embodies the following essentials:1)ACCUSED OF AN OFFENCE:

The words accused of an offence make it clear that this right is not available to a person accused of an offence. A person is said to be an accused person against whom a formal accusation relating to the commission of an offence has been levelled which in normal course may result in his prosecution and conviction.
5/4/12

2)TO BE A WITNESS: The protection is against compulsion to be a witness The prosecution under Art.20(3) covers not merely testimonial compulsion in a Court-room but also compelled testimony previously obtained-any compulsory process for production of evidentiary document which are reasonably likely to support the prosecution against him.

5/4/12

3) COMPULSION TO GIVE EVIDENCE AGAINST HIMSELF The protection under Art.20(3) is available only against the compulsion of acccused to give evidence against himself . To attract the protection of Art.20(3) it must be shown that the acccused was compelled to make the statement likely to be incriminative of himself. COMPULSION means duress which includes threatening,beating or imprisoning of the wife,parent or child of a person.
5/4/12

PROTECTION OF LIFE AND PERSONAL LIBERTY (ARTICLE 21)


PRESENTED BY: Click to edit Master subtitle style

5/4/12

ARTICLE 21of the Indian Constitution says that: No person shall be deprived of his life or personal liberty except according to procedure established by law. The word personal liberty in Art.21 means nothing more than the liberty of the physical body, that is, freedom from arrest and detention without the authority of law. ARTICLE 21 now protects the right of life and 5/4/12 personal liberty of citizens from the executive

A person can be deprived of his life and personal liberty if 2 conditions are complied with,first, there must be a law & secondly, there must be a procedure is just, fair and reasonable. The right guaranteed in Art.21 is available to citizens as well as non-citizens.

5/4/12

ARTICLE 21 requires the following conditions to be fulfilled before a person is deprived after property:1) There must be a valid law 2) The law must provide a procedure 3) The procedure must be just, fair and reasonable 4) The law must satisfy the requirements of Arts.14 & 17 ie; it must be reasonable The following rights are held to be covered under Art.21

5/4/12

RIGHT TO LIVE WITH HUMAN DIGNITY


It held that the right to live is not merely confined to physical existence but it includes within its ambit the right to live with human dignity. The right to live is not confined to the protection of any outside faculty or limb through which life is enjoyed or the soul communicates with the outside world but it also includes the right to live with human dignity

5/4/12

RIGHT TO LIVELIHOOD
In Olga Telis v. Bombay Municipal Corporation popularly known as the pavement dwellers case a five Judge bench of the Court has finally ruled that the word life in Art.21includes the right to livelihood. An equally important fact of that right is the right to livelihood because no person can live without the means of livelihood. If the right to livelihood is not treated as a part of the Constitutional right to life, the easiest ways of depriving a person of his right to life would be to deprive him of his means of livelihood. 5/4/12

RIGHT TO PRIVACY
In R. Raja opal v. State of T.N popularly known as Auto Shanker case the Supreme Court has expressly held the right to privacy or the right to let alone is guaranteed by Art.21 of the Constitution. A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood, child bearing and education among other matters.

5/4/12

RIGHT TO SHELTER
The right to shelter is a fundamental right under Art.21 of the Constitution. Right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. The right to shelter, does not mean a mere right to a roof over ones head but right to all the infrastructure necessary to enable them to live and develop as a human being.

5/4/12

RIGHT TO TRAVEL ABROAD


The right to travel abroad was part of a persons personal liberty within the meaning of Art.21. PERSONAL LIBERTY in Art.21 takes in the right of locomation-to go where and when one pleases, and the right to travel abroad is included in it.

5/4/12

RIGHT TO HEALTH & MEDICAL ASSISTANCE


It is the professional obligation of all doctors, whether Government or Private, to extend medical aid to the injured immediately to preserve life without waiting legal formalities to be complied with by the Police. Art.21 of the Constitution casts the obligation on the State to preserve life. Social laws do not contemplate death by negligence which amounts legal punishment.
5/4/12

RIGHT TO FREE LEGAL AID


The RIGHT TO FREE LEGAL AID are guaranteed fundamental rights under Art.21 It means justice according to law. Legal aid is regarded for resolving disputes in Courts, Tribunals or other authorities. Free legal aid at the State cost is a fundamental right of a person accused of an offence and this right is implicit in the requirement of reasonable, fair and just procedure.
5/4/12

RIGHT TO DIE
Right to die is not fundamental right under Art.21. Right to

5/4/12

PRISONERS RIGHT
The protection of Art.21 is available even to convicts in jails. The convicts in the jail may be deprived of fundamental freedoms like the right to move freely throughout the territory of India or the right to practice a profession. The Constitution guarantees other freedom like the right to acquire, hold &dispose of property for the existence of which detention can be no impediment.
5/4/12

RIGHT TO EDUCATION A FUNDAMENDAL RIGHT(ART 21A) provides that the State shall Art. 21A

provide free and compulsory education to all children of the age of 6-14 years in such a manner as the State may, by law, determine. Education is a basic right & it gives a person human dignity. The framers of the Constitution realizing the importance of education have imposed a duty on the State under Art45 as one of the Directive Principles of State to provide free and compulsory education to all children until they complete the age of 14yrs within 10yrs from 5/4/12 the commencement of the constitution.

COMPENSATION FOR VIOLATION OF ARTICLE 21

5/4/12

SAFEGUARDS AGAINST ARBITRARY ARREST AND DETENTION (ARTICLE 22) style PRESENTED BY: Click to edit Master subtitle

5/4/12

INTRODUCTION
Art.22 prescribes the minimum procedural requirements that must be included in any law enacted by the Legislature in accordance with which a person may be deprived of his life & personal liberty. Article 22 deals with 2 separate matters: 1) Persons arrested under the ordinary law of crimes 2)Persons detained under the law of Preventive Detention

5/4/12

RIGHTS OF ARRESTED PERSONS UNDER ORDINARY LAWS guarantee 4 Clauses (1) and (2) of Art.22

rights on a persons who is arrested for any offence under an ordinary lawa) the right to be informed about the grounds of his arrest as soon the person is arrested. b) the right to consult and to be represented by a lawyer of his own choice c) the right to be produced before a Magistrate within 24 hours d) the person shall not be detained after 24 hours except by order of magistrate.
5/4/12

THE RIGHTS TO BE INFORMED OF GROUNDS ItOF ARREST is necessary to enable the arrested person to
know the grounds of his arrest and to prepare for his defence . Art.22 is in the nature of a directive to the arresting authorities to disclose the grounds of arrest of a person immediately. The Court has laid down the following guidelines to be followed in making arrest of a person:-

5/4/12

An arrested person being held in custody is entitled, if he so request to have one friend, relative or other person who is known to him or likely to take an interest in his welfare told as far as is practicable that he has been arrested and where he is being detained. Police officer shall inform the arrested person when he is brought to police station of this right. An entry shall be required to be made in the police diary as to who was informed of the arrest.

5/4/12

RIGHT TO BE DEFENDED BY A LAWYER OF HIS OWN CHOICE be bound to provide the The Courts will
assistance of a lawyer to a person arrested under an ordinary law. The Constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence to have free legal services provided to him by the State and the State is under Constitutional duty to provide a lawyer to such person if the needs of justice so require.
5/4/12

RIGHT TO BE PRODUCED BEFORE A MAGISTRATE


In addition to the furnishing of the grounds of arrest the arrested person must be produced before the Magistrate within 24 hours of his arrest. It can be extended beyond 24 hours only under the judicial custody. It affords a possibility, if not an opportunity, for immediate release in case the arrest is not justified.

5/4/12

NO DETENTION BEYOND 24 HOURS EXCEPT BY ORDER OF THE If MAGISTRATE there is necessity of detention beyond 24 hours
it is only possible under judicial custody.

5/4/12

Clauses (4) to (7) of Art.22 provide the procedure which is to be followed if a person is arrested under the law of Preventive Detention. The object of Preventive Detention is not to punish a man for having done something but to intercept him before he does it and to prevent him from doing it. NECESSITY OF SUCH PROVISION:

PREVENTIVE DETENTION LAWS

5/4/12

The first Preventive Detention Act was enacted by the Parliament on26th February,1950. The object of the Act was to provide for detention with a view to preventing any person from acting in a manner prejudicial to the defence of India, the relation of India with foreign powers,the Security of India or a State, or the maintanance of Public order, the maintanance of supplies and services essential to the community.

THE PREVENTIVE DETENTION ACTS

5/4/12

TERRORIST AND DISRUPTIVE ACTIVITIES(PREVENTION) TADA was primarily passed with a view to ACT,1987(TADA)

dealing with specific situations of terrorism in Punjab,Kashmir and even parts of the northeast. The Act vests sweeping powers in the State Govt.s which in effect means local politicians and the Police- which is likely to be misused. The Court held that a person becomes a terrorist or is guilty of terrorist activity when his intention,action and consequence all the three ingredients are found to exist together
5/4/12

Safeguard against the misuse of the Act was that of speedy trial of accused which is an essential part of the Fundamental right to life and liberty under Art.21 of the Constitution. The Act did not provide a blanket power of unlimited detention without trial and a citizen should be entitled to bail in case the Police fail to complete the investigations within 6 months, extendable to maximum of 1year with the permission of designated Court

5/4/12

RIGHT AGAINST EXPLOITATION (ARTICLES 23-24)


Click to edit Master subtitle style PRESENTED BY

5/4/12

PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR ARTICLE 23 of the Constitution
prohibits traffic in human being and beggar and other similar forms of forced labour. The second part of this Provision shall be an offence punishable in accordance with law. Clause(2) permits the State to impose compulsory services for public purposes provided that in making so it shall not make any discrimination on grounds only of religion,race,caste or class or any of them.
5/4/12

TRAFFIC IN HUMAN BEINGS means selling and buying men and women like goods and includes immoral traffic in women and children for immoral or other purposes. is a form of forced labour under which a person is compelled to work without receiving any remuneration.

BEGGAR

5/4/12

ART

23 protects the individual not only against the State but also Private citizens. imposes a positive obligation on the State to take steps to abolish evils of traffic in human being and beggar and other similar forms of forced labour.

It

5/4/12

Every

form of forced labourbegar or other forms, is prohibited by Art.23 and it makes no difference whether the person who is forced to give his labour or service to another is paid remuneration or not. 23 prohibits the system of BONDED LABOUR because it is a form of force labour within the meaning of this Article.

ART

5/4/12

COMPULSORY SERVICE FOR PUBLIC PURPOSES


CLAUSE (2) however permits the State to impose compulsory services for public purposes provided that in making so it shall not make any discrimination on grounds only of religion,race,caste or any of them.

5/4/12

employment of children below 14 years of age in factories and hazardous employment. This provision is certainly in the interest of public health and safety of life of children. This ARTICLE does not prohibit their employment in any innocent or harmless job or work.
5/4/12

PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES ARTICLE 24 of the Constitution prohibits etc