Right to Freedom

Right to Freedom | Advocates in Chennai | Lawyers in India

What is the Right to Freedom?

Freedom is not the right to do what we want, it is doing what we ought- Abraham Lincoln

Why is the right to freedom important?

Right to Freedom is a condition in which people would be given the opportunity to speak, act, and pursue happiness without any unnecessary external restrictions. Of course, the Right to Freedom is important because it leads to enhanced expression of creativity and original thinking, increased productivity, and higher quality of life overall.

Article 19: Protection of certain rights to Freedom of Speech | Lawyers | Advocates | Attorneys | Chennai | India

Article 19: Protection of certain rights to Freedom of Speech.

(1) All citizens have the following

(A) Right to freedom of speech and expression;

(B) Right to freedom to assemble peaceably and without arms;

(C) to form associations or unions;

(D) to travel freely throughout the territory of India;

(E) to stay and settle in any part of the territory of India; and

(F) to practice any profession, or to carry out any occupation, trade, or business.

F(2) Nothing in sub-clause (a) of clause(1) shall affect the operation of any existing law or prevent the State from making any law, so far as Cause of law as the restrictions are reasonable in the implementation of the graduation RIGHT TO FREEDOM by sub-clause that says in the interest of sovereignty and integrity of India, the security of the State, relations with foreign States, law and order, decency or morality, or contempt of court, defamation or Praising to an offense.

(4) Nothing in sub-clause (c) of the said clause shall affect the implementation of existing laws as far as imposing, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable limitations on implementation Right to Freedom granted by the said sub-clause.

(5) Nothing in sub-clause (d) and (e) of the said clause shall affect the implementation of existing laws as far as imposing, or prevent the State from making any law imposing, reasonable limitations on the exercise of Right to Freedom granted by the said sub-clause good for public interest or for the protection of the interests of any Schedule Tribes.

(6) Nothing in sub-clause (g) of the said clause shall affect the implementation of existing laws as far as imposing, or prevent the State from making any law imposing, in the interests of the general public, a reasonable restriction on the exercise of the Right to Freedom granted by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the implementation of existing laws as far as relating to, or prevent the State from making any law relating to, –

(I) professional or technical qualifications required for practicing a profession or carry on any occupation, trade or business, or

(Ii) registered by the state, or by a company owned or controlled by the State, of any trade, business, industry or service, whether the exclusion, complete or partial, of citizens or otherwise.

Article 20: Protection in respect of conviction for his/her offenses

(1) No person must be convicted of any type of offense except for violation of the law applicable at the time of the commission of his/her act charged as an offense and is not subject to a greater punishment later(after a new law) than that which might have been inflicted under the law applicable at the time of the commission of the offense.

(2) No person must be convicted and punished for the same offense more than once.

(3) No person accused of a criminal offense can be forced to be a witness against himself.

Article 22: Protection of a person from Arrest and Detention in certain cases

ARTICLE 21: Protection of life and personal liberty

No one must be deprived of his/her life or their personal liberty except according to the procedure established by law.

Article 21A: Right to education

The state should provide free and compulsory education for all children aged 6-14 years in the way the State, by law, determine.

Article 22: Protection of a person from Arrest and Detention in certain cases

(1) No person who is arrested can be detained in custody without being told that he/she has been detained, as soon as possible, citing the arrest nor shall he/she be denied the Right to Freedom to consult, and defended by an advocate of his choice.

(2) Any person arrested or detained in custody shall be produced before the nearest court of justice within a period of 24 hours of the arrest but does not include the time for the journey from the place of arrest to the nearest magistrate, and no person must be detained in custody beyond the said period of 24 hours without the authority of the judge.

(3) Nothing in clause (1) and (2) applies –

(A) for every person who for is an enemy alien; or

(B) for every person who is arrested or detained by-law providing for preventive detention.

(4) No law passed by the legislature or any equivalent authority which provides for preventive detention shall authorize to the detent a person for a period longer than three months unless –

(A) An Advisory Board for government consisting of people who are eligible to be appointed as a Judge of the High Court or higher had been reported before the expiration of the said period of three months there insufficient grounds for such detention:

Provided that nothing in sub-clause which authorizes the detention of any person beyond the maximum period prescribed by laws made by Parliament under sub-clause (B) of subsection (7); or

(B) the person is detained in accordance with the provisions of the law made by Parliament under sub-clause (a) and (b) of clause (7).

(5) When a person is arrested on the order made by the law providing for preventive detention, the authority making the order shall, as soon as possible, communicate with that person who has been convicted that the order has been made and afforded him the earliest opportunity to make representations against the order.

(6) Nothing in subsection (5) shall require the authority to make any order as referred to in that paragraph to disclose facts which such authority considers contrary to the public interest to disclose.

Criminal Lawyers | Right to Freedom | Best Criminal Advocates in Chennai, India

(7) Parliament may by law prescribe –

(A) the circumstances in which, and any types of cases in where someone can be detained for a period longer than three months under the law providing for preventive detention without obtaining the opinion from the Advisory Board for the government in accordance with the provisions of sub-clause (a) of clause (4) ;

(B) the maximum period that he/she may be filed in any type of case be detained under the law providing for preventive detention; and

(C) the procedure  followed must be prescribed by the Advisory Board in the investigation under sub-clause

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