Rights in the Indian Constitution | Class 11 Political Science Notes

RIGHT TO FREEDOM

The Right to Freedom, covered under Articles 19 to 22, is fundamental to democracy and complements the Right to Equality. It guarantees six freedoms: freedom of speech and expression, freedom to assemble peacefully without arms, freedom to form associations or unions, freedom to move freely throughout India, freedom to reside and settle anywhere in India, and freedom to practice any profession or carry on any occupation, trade, or business. The foremost among these is the right to life and personal liberty (Article 21), which protects individuals from arbitrary deprivation of life or liberty except according to the procedure established by law. The Supreme Court has expanded this right to include living with human dignity, shelter, and livelihood. Preventive detention is an exception where a person can be detained without trial for up to three months if they pose a threat to public order or security, but this provision has been subject to misuse and controversy. Other freedoms are subject to reasonable restrictions in the interest of public order, morality, and security. The section also highlights protections for accused persons, including protection against double jeopardy, retrospective criminal laws, and self-incrimination. The section includes a case study and questions to evaluate when restrictions on freedom may be justified.

📊 Diagram: Figure caption: 'Does it mean that in some cases someone's life can be taken away by law? That sounds strange. Can you think of an example?' illustrating the complexity of right to life.

🧪 Activity: Evaluate scenarios to decide if restrictions on right to freedom are justified, such as peace marches, temple entry protests, road blockades, and caste panchayat punishments.

🔗 Connection: Prepares for the discussion on Right against Exploitation, which protects vulnerable groups.