The Right to Freedom is a fundamental part of the Indian Constitution, ensuring individual liberty and protection from arbitrary state actions. Covered under Articles 19-22, it guarantees rights such as freedom of speech, protection against unfair punishment, personal liberty, and safeguards against unlawful detention. The judiciary has played a crucial role in expanding and interpreting these rights, making them more inclusive in modern times.

Article 19 Fundamental Freedoms Under the Right to Freedom

Article 19 grants six essential freedoms to Indian citizens:

• Freedom of Speech and Expression – The right to express opinions freely.
  
  
• Freedom of Assembly – The right to assemble peacefully without arms.
  
  
• Freedom of Association – The right to form unions, groups, or cooperative societies.
  
  
• Freedom of Movement – The right to travel freely across India.
  
  
• Freedom of Residence – The right to settle anywhere in the country.
  
  
• Freedom of Profession – The right to engage in any trade or occupation.
  
  

Restrictions on Article 19

The government can impose reasonable restrictions for:

• National security and sovereignty
  
  
• Public order and morality
  
  
• Defamation and contempt of court
  
  
• Incitement to violence
  
  

Judicial Rulings on Article 19 and the Right to Freedom

• Internet and Mobile Association of India v. RBI (2020): The Supreme Court struck down RBI’s ban on cryptocurrency exchanges, stating it was a disproportionate restriction under Article 19(2).
  
  
• The Supreme Court ruled that private entities like social media companies can also be challenged under Articles 19 and 21, expanding the Right to Freedom.
  
  

Article 20 Protection Against Unjust Conviction

Article 20 protects individuals from unfair prosecution and punishment.

Key Provisions Under Article 20

• No Ex-Post-Facto Law – A person cannot be punished for an act that was not a crime when committed.
  
  
• No Double Jeopardy – No individual can be punished twice for the same offense.
  
  
• No Self-Incrimination – A person cannot be forced to testify against themselves.
  
  

Important Cases on Article 20 and the Right to Freedom

• Nandini Satpathy v. P.L. Dani (1978): The court ruled that protection against self-incrimination applies even during police interrogations.
  
  
• Selvi v. State of Karnataka (2010): Narco-analysis and polygraph tests were declared unconstitutional.
  
  

Article 21 Protection of Life and Personal Liberty

Article 21 states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” It is one of the broadest interpretations of the Right to Freedom.

Expansion of Article 21

The Supreme Court has expanded Article 21 to include several rights:

• Right to Privacy – Recognized in K.S. Puttaswamy v. Union of India (2017).
  
  
• Right to Live with Dignity – Affirmed in Francis Coralie Mullin v. UT of Delhi (1981).
  
  
• Right to a Healthy Environment – Established in M.C. Mehta v. Kamal Nath (1996).
  
  
• Right to Health – The Right to Health Bill (2024) in Rajasthan guarantees free healthcare.
  
  

Key Supreme Court Judgments on Article 21 and the Right to Freedom

Right to Environment and Climate Change

• Rural Litigation & Entitlement Kendra v. UP (1988): Recognized the right to a pollution-free environment.
  
  
• SC Ruling (2024): Failure to address climate change violates Articles 21 and 14, as environmental degradation threatens life and equality.
  
  

Article 22 Protection Against Arbitrary Arrest and Detention

Article 22 provides legal safeguards against arbitrary arrests and preventive detention.

Types of Detention Under Article 22

Concerns Over Preventive Detention and the Right to Freedom

• Allows imprisonment without trial, leading to potential misuse.
  
  
• Can be used against political dissenters and marginalized communities.
  
  
• Lack of judicial review in early detention periods.
  
  

Sedition Law and Its Impact on the Right to Freedom

What Is Sedition?

Section 124A of IPC defines sedition as bringing hatred, contempt, or disaffection against the government.

Arguments for Repealing Sedition Law

• Colonial origin – Used by the British to suppress Indian nationalists.
  
  
• Violates Article 19 – Limits freedom of speech and criticism of the government.
  
  
• Low conviction rate – Most sedition cases end in acquittal.
  
  
• Global trend – Countries like UK, USA, and Australia have abolished sedition laws.
  
  

Arguments for Retaining Sedition Law

• National security measure – Used to counter terrorism and separatist movements.
  
  
• Supreme Court Verdict (Kedar Nath Singh v. Bihar, 1962): Upheld sedition law but limited its use to acts inciting violence.
  
  

Recent Supreme Court Cases on Sedition and the Right to Freedom

Strengthening the Right to Freedom: The Way Forward

• Reform sedition law to prevent misuse.
  
  
• Make sedition a bailable offense to ensure fair trials.
  
  
• Set clear guidelines for preventive detention to avoid unjust arrests.
  
  

Conclusion

The Right to Freedom, protected under Articles 19-22, is essential for democracy and personal liberty. However, challenges like preventive detention, sedition laws, and restrictions on speech must be carefully addressed. Ensuring a balanced approach between individual rights and national security is key to upholding constitutional values.