Right To Freedom

Table of Contents

ARTICLE 19 (2)- Freedom to Assemble

Peaceful Assembling, Unarmed, Hold public meetings, Demonstrations and take out processions, On public land only
No violent protest, riotous assemblies ,involves arms or could breach public peace
Reasonable Restrictions

Q- Right to Strike is a ??

a)Legal right
b)Fundamental right
c) Statutory right
d)Not a right in India

Answer- C

Right to Strike is not a fundamental right in India. It was only after the enactment of Industrial Disputes Act in 1947 that the right to strike was recognized in India as a statutory right.
Section 22(1)(a) of the Act states that employees can go for the strike in case of breach of contract provided a prior notice is given to the employer within 6 weeks of such strike.

provides for the right to form associations, unions or cooperative societies.
right to form companies, societies, trade unions, partnership firms and clubs, etc.
establishment, administration and functioning.

Restrictions :-

3 Provisions

Ex Post Facto Law- a law, which imposes penalties or convictions on the acts already done and increases the penalty for such acts.

Only in criminal matters-not allowed.
- In civil matters-Allowed. EX- A tax can be imposed retrospectively
Double Jeopardy- No Punishment for the same crime more than once
Self Incrimination – Self witness- not allowed

Q) Self Incrimination extends to

Answer- 1

Self incrimination does not extend to compulsory production of material objects
Compulsion to give thumb impression, specimen signature, blood specimen and
compulsory exhibition of body
further extends only to criminal proceedings and not to civil proceedings or proceedings which are not of criminal nature.

Q )Double jeopardy Is not available in proceedings before.??

a)Proceedings before court

b)Proceedings before judicial tribunal

c)Proceedings before court and departmental authority

d)Proceedings before departmental and administrative authority

Answer- D

Double Jeopardy is available only in proceedings before a court of law or a judicial tribunal.
It is not available in the proceedings before departmental and administrative authorities as they are not of judicial nature

Q) Which rights are known as Golden Triangle ?

No person shall be deprived of his life and personal liberty except according to procedure established by law
Available to Both Citizens and Non Citizens
AK Gopalan Case (1950)

REASON–

Procedure established by law
- Protection only against arbitrary executive actions and not Legislative arbitrary actions
- Personal Liberty- Liberty relating to a person or body of individuals
Menaka Gandhi Case (1978)
- Supreme Court overruled its earlier judgement
Right to life and personal liberty can be deprived law on reasonable, just and fair, grounds.
Incorporated- Due process of Law
Against arbitrary actions of both executive and legislature
With existence and survival –Right to live a dignified life is implicit.

Right to Die with Dignity (Euthanasia)
- deliberate ending of a person’s life in order to alleviate suffering and misery. It’s also known as ‘mercy killing.’
Passive Euthanasia can be practiced on the case-by-case bench of the High Court
Active Euthanasia- illegal
Aruna Shanbaugh vs Union of India (2011)
Article -21 A- Right to Education
State shall provide free and compulsory education to all children of 6 to 14 years
86^th Constitutional Amendment Act,2002
Right to Free and Compulsory Education 2009
Also in Article 45 and Article 51 A
Not enforceable by court
Full time satisfactory elementary education to every child

Not Available-

Enemy alien
Person under preventive detention
- No person who is arrested shall be detained in custody without being informed
- Right to consult a legal Practitioner
- Produced before magistrate before 24 hours (Travel time included)
- Right to be released unless magistrate authorizes further detention.

Q – Arrest under Punitive Detention DOESNOT COVER

Answer- c
Punitive detention- Do not cover arrest under the orders of court, Civil arrest, arrest on failure to pay the income tax and deportation of an alien.
They apply only to an act of criminal or quasi criminal nature or some activity pre judicial to Public interest.

The detention of a person cannot exceed 3 months unless an Advisory Board reports sufficient cause for extended detention.
The board is to consist of judges of the High Court
The ground of detention should be communicated to the detenu new. However, the facts considered to be against the public interest need not be disclosed
Legal Representation Opportunity
Article 22 also prescribes the Parliament certain Circumstances
a person can be detained for more than three months under the preventive detention without obtaining the opinion of an Advisory Board.
The maximum period For which a person can be detained.
The procedure to be followed by Advisory body
The 44^th Amendment Act 1978 has reduced the period of detention without obtaining the opinion of an advisory body from three to two months.
However, this provision is not yet been bought into force, hence the original period of three months still Continues.