Introduction: Essence of Right to Freedom in India

The Right to Freedom is a fundamental right guaranteed by the Indian Constitution. Right to freedom consists of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation. Some of these rights are subject to the security of the State, friendly relations with foreign countries, public order, decency or morality.

Definition of Freedom: Absence of Constraints and Empowered Choices

• Absence of Constraints : Freedom implies the absence of constraints and interference from others, including the government.
• Freedom to Make Choices: It encompasses the ability to make choices and act without external control. It encompasses speech, expression, assembly, movement, and personal liberty. 

Components of Right to Freedom: Understanding Fundamental Rights in Our Constitution

• Protection of the Right to Freedom: Fundamental Rights to Speech, Assembly, and Movement
  • Freedom of Speech and Expression:
    • Citizens can express opinions, ideas, and criticisms freely.
    • This Right to Freedom nurtures individuality and personal growth through open communication.
  • Assembly and Association:
    • Citizens can gather peacefully for discussions, rallies, or meetings.
    • Forming associations or unions to advocate for interests is permitted.
• Freedom of Movement and profession:
  • Citizens can move freely within the country, reside in any part, and pursue occupations of their choice.
  • This facilitates migration for economic opportunities and personal growth.
• Protection for Accused Individuals: Constitutional Rights for the Accused in Fair Trials
  • Constitutional Safeguard: Our Constitution ensures adequate protection for individuals accused of various crimes.
  • Presumption of Innocence: Follows belief that the accused is innocent until proven guilty. 
    • Guilt is established only when the court delivers a verdict of guilt.
  • Right to Fair Trial: Accused individuals have the Right to Freedom to a proper chance to defend themselves. For this it provides three rights of fair travel:
    • No Double Jeopardy: Protection against being punished more than once for the same crime.
    • No Retroactive Laws: No law can label an action as illegal after it occurred.
    • No Self–Incrimination: Individuals cannot be compelled to testify against themselves.
  • Ensuring Justice: Balancing Right to Freedom and Preventing Abuse in Legal Proceedings
    • Protecting Rights: These rights aim to protect the accused from unfair or unjust legal actions.
    • Preventing Abuse: These provisions prevent abuse of power and ensure fairness in legal proceedings.
    • Balancing Justice: These rights are crucial for balancing the legal process and safeguarding individual rights during trials.
• Right to Life and Personal Liberty: It’s a fundamental and paramount right
  • Protection of Life: No citizen can be deprived of their life except through legally established procedures.
  • Personal Liberty: Individuals cannot be denied their personal liberty except as per lawful procedures.
  • Example: Death sentences require court orders.
• Right to Education: The Fundamental Right to Free and Compulsory Learning
  • • Provides provisions for free and compulsory education to all children of age 6 – 14.
    • It makes elementary education a fundamental right.
    • It aims to achieve education for all. 
• Protection Against Arrest & Detention: Rights and Safeguards Against Unjust Arrests and Detentions
  • This Right to Freedom gives protection to arrested persons.
  • Safeguards and Procedures: Legal Safeguards in Arrest Procedures and Judicial Review
    • Arrest Procedures: No one can be arrested without being informed of the grounds for arrest.
    • Legal Defense: An arrested person has the right to legal representation by a chosen lawyer.
    • Timely Judicial Review: Police must present the arrested person before a magistrate within 24 hours for review of the arrest’s justification.
  • It also encompasses Preventive Detention which can be understood as follows:  
    • Arrest on Suspicion: Preventive detention allows arresting individuals based on suspicion of potential unlawful activity, even before a crime is committed.
    • Purpose: It aims to prevent threats to law and order, peace, and national security.
  • Procedure and Limitations: Understanding Limits and Review Procedures
    • Detention Period: Preventive detention can last up to three months.
    • After three months, the case is reviewed by an advisory board.
• Limitations on the Right to Freedom: Balancing Acts
  • Restrictions in Public Interest: The government can impose reasonable restrictions to prevent public disorder or harm to others.
  • These rights are not absolute; they have limitations imposed by the government. 
  • Freedom cannot be used to incite violence, defame, or infringe on others’ rights.
  • Example: Meetings, processions, and demonstrations must be peaceful, avoiding public disorder. 
    • Carrying weapons is prohibited during such activities.

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