Right to Freedom - Fundamental Rights (A19-22)

Article 19	1: 6 types Speech and expression Express the views without fear and favour silence Media RTI To make informed choices: contesting candidates details must be their NOTA Political dissent SC: inalienably adjunct to right to life of Article 21 Assemble: peaceful and without arms, procession association: form union, cooperative etc Bandh or shutdown is not allowed Strike is allowed but is a legal right movement reside profession 2: Reasonable restriction: sovereignity , territorial integrity and security maintainance of friendly relationship with foreign states public order, morality and decency contempt and defamation
Issues related to Article 19	Contempt of court defamation cinematic freedom Sec 95 of CrPC: books and publication Sec. 124 A of IPC: Sedition Sec 295 A: outrage the religion feelings of any class Sec 66A: IT Act Threat to freedom of speech and expression Colonial law Police Judiciary Insensitive political class media  Media Print media: FDI should be increased Reasonableness of restriction: depends on space and time should not be arbitrary should be tested on both substantial and procedural grounds
Article 20	No ex-post fact criminal law  No double jeopardy No self-incriminating evidence but allowed thumb print , sample etc Current: DNA profiling
Article 21	The state cannot deprive the individual of his life and personal except according to the procedure established by the law now extended to many domain environment corruption fair and speedy trial Right to Privacy (Puttaswamy Judgement) Fundamental of all the fundamental rights backbone of part 3 and 4
Issues related to Article 21	Debate 1: Procedure established by the law or due process of the law If liberty is deprived: court apply the following tests whether there is a law that authorized executive for this whether the legislature have the competence to pass such law Whether the legislature while enacting the law followed the prescribe procedure under the law Procedure established by the law: only apply the above 3 principles Due process of law: apart from the above principles the court will also check: fair, just and reasonability: on the principle of natural justice (not part of basic structure) Thus Procedure... protects against the executive but due process also protect from the legislature Hence it is wider, and follow natural Justice Debate 2: Right to die with dignity SC in Rathinam case: yes And held sec. 309 of IPC for criminalizing the suicide as unconstitutional SC in Gian kaur case in 1996: no  There are 2 ways like Active and passive Euthanasia: both invalid SC in Aruna Shanbaugh case 2011: allowed passive on case by case basis Sec. 309 is repealed and new Bill was proposed Other concern: advance consent on Euthanasia Medical Treatment of Terminally Ill Patients Under trial: Transgender: Section 377: Navtej Singh Johar and others versus Union of India violates 14, 21, 19 (A),  Privacy Animal rights
Article 21A	6-14: free and compulsory education under manner provided by the law in neighbourhood state's responsibility National commission for protection of child rights It remained right to schooling rather then education not outcome based. SC first held it as fundamental in Unnikrishanan case 1993 ---86 th CA Act of 2002---RTE in 2009
Article 22	Protection against arrest and detention Cases of preventive detention: POTA 2002 TADA 1985 NSA 1980 M Khosla: It is like a semi-emergency like provision

Right to Choose : article 21	Right to personal autonomy which means personal decision regarding the personal rights are respected as long as he is not a nuisance to the society. (liberty of one must not take away liberty of other) Right to consume food of one's choice eg. beef, alcohol Bodily autonomy Sexual orientation Issues: Article 21 Article 19 (right to profession) No uniformity in the SC's judgement Other side: DPSP Public morality
Restriction on trade in cattle
Right to internet access	SC: Under 19 can not be curtailed unless it is illegal and immoral eg. PCPNDT advertise UN: Internet access as a human right Kerala: Basic right for every citizen
Respecting National symbols	SC direction for all National anthem in cinema halls Other provisions for this : FD, Flag code, Prevention of insult to national honor Act Good: FD (51A), DPSP() Nationalism Negative: FD can not be enforced Forced/external  Practical problems Awareness Moral policing
National song	SC: no (dictating patriotism) Madras HC: schools, government offices Negative: FD can not be made necessary it is not a part of FD not an ethical way Solution: Gradual social and moral changes through education and media