COI : PART 3 FUNDAMENTAL RIGHTS : RIGHT TO FREEDOM

Hello and Welcome, This is your apply IAS, sounds like you start to see India in a different perspective. At this point, I think you are familiar with the parts of the constitution. If not please check my post on "CONSTITUTION OF INDIA (AN INTRO)". All right, are you free I think so because you are reading this means you are peaceful and free to do whatever you like. This article is going to speak about this freedom that is given to you by our constitution. Actually, the framers of our constitution have given so much importance to freedom. Let's see them in the list below,

Article 19: Right to Speech and expression, assembly, association, movement, residence and profession.

Article 20: Protection against the conviction of certain offences.

Article 21: Protection against life and Personal Liberty

Article 21A: Right to Compulsory education from the age of 6 to 14

Article 22 : Protection against arrest and detention.

Article 19: Right to Speech and expression, assembly, association, movement, residence and profession.

This article expresses the right of its citizen to express their feeling by either speech or written etc without affecting the sovereignty and integrity of the nation.
And to assembly peaceful in any place without arms after getting prior permission from the nearby police station. But it is prohibited if it is done in the intention to get a personal property by force or against the nation.
To form an association for the development of society.
All its citizens were free to move anywhere and reside anywhere within the territory of India.
He/she can take up any Profession and practice it.

Let's travel with a story, You are a farmer now, the market is not paying you a fair price for your milk so you expressed this with your fellow farmers they also feel in the same way. So all of you assembled in front of the market for this matter. It's last for two hours, then you all came to a conclusion to form association like Aavin Co-Operative society with a rallying movement from Chennai central to Marina beach. After the rally is over you came back to your home(residence). Where you saw your son came to home who is an engineer by profession.

Article 20: Protection against the conviction of certain offences.

This article of the constitution gives protection to its citizen as well as foreigner against the conviction of offences. It gives three types of protection such as

No Ex-Post-Facto Law - No person should not be punished for a law that is not in effect

No Double Jeopardy - No person should not be punished twice for the same reason

No self-incrimination - No person can't be a witness of his our crime both oral and documentary evidence.

Article 21: Protection against life and Personal Liberty

This article insists no person shall be deprived of his life and personal liberty except the provision given in the law.

Article 21A: Free and compulsory education for children for 6 to 14 years.

This article gives the right to give free and compulsory education for children from age of 6 to 14. Many schemes have been implemented by the central government for this like "Swarna Shiksha Abhiyan".

Article 22 : Protection against arrest and detention.

This Article gives two types of protection against arrest and detention. Typically they're two types of Detention one is Punitive Detention & Preventive Detention.

Punitive Detention:

This is the detention in which the punishment is given to a person who has convicted the crime and proved in the court. The person who is convicted has the following right,

The person needs to be informed on which ground(for what he is arrested).

The person has the right to consult with his lawyer(legal Practitioner).

The person who is arrested needs to be produced before the magistrate within 24hours.

The arrested person need to be released after 24 hours if the magistrate doesn't approve further detention.

Preventive Detention:

This is the detention in which the person is arrested not to do any crime by viewing his past records. You may saw this many time before when a festival is started in your hometown Police will arrest some person in advance. That's what the preventive detention.

In this case, only 3 months is the period of detention for further detention the magistrate needs to give permission.

He needs to be informed under which case the person is detained.

The person needs to be given a chance to fight against the detention order.

So, I by chance you got to a Cop ask them under which case you have been arrested if they are not telling you to say them it's your right and their duty to inform under Article 22. Share this to your friends let them know their rights too. Subscribe to get updated.