The Right To Freedom

The Constitution of India contains the right to freedom, given in articles 19, 20, 21A, and 22, and with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. It is a cluster of four main laws. The right to freedom in Article 19 guarantees the following six freedoms:

• Freedom of speech and expression, on which the State can impose reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
• Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India.
• Freedom to form companies or unions or co-operative societies on which the State can impose reasonable restrictions in the interest of public order, morality and the sovereignty and integrity of India.
• Citizens have the freedom to move freely throughout India, although reasonable restrictions can be imposed on this right in the public’s interest, such as to control an epidemic, restrictions on movement and travel can be imposed.
• Freedom to reside and settle in any part of the territory of India, subject to reasonable restrictions by the State in the interest of the general public or for the protection of the scheduled tribes because certain safeguards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation and coercion. Article 370 formerly restricted citizens from other Indian states and Kashmiri women who marry men from other states from purchasing land or property in the state of Jammu & Kashmir.[21] Article 370 is no longer applicable in the Union territories of Jammu & Kashmir and Ladakh from 6 August 2019.
• Freedom to practice any profession or to carry on any occupation, trade or business. But the state may impose reasonable restrictions in the public’s interest through statute. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practising any profession or carrying on any trade.

Article 20 gives protection in respect of conviction for offences.

Article 21 gives the right to life, personal liberty and the right to die with dignity (passive euthanasia).

Article 21A gives free education to all children of the age of six to fourteen years such manner as the State may, by law, determine.

Article 22: Protection against arrest and detention in certain cases.