Right to freedom

Right to freedom

1. RIGHT TO FREEDOM & right to freedom of RELIGION

2. Freedom of speech and expression Article 19(1)(a) Right to speak and to express one’s opinions Expression through any medium or visible representation It includes liberty of press

3. Basic human right L.I.C. of India vs Manubhai D. Shah Speech is God’s gift to mankind Freedom of speech is a natural right

4. Scope and content of freedom Right to know and to obtain information Facet of speech and expression Right to access to the source of information State of Maharashtra vs Rajendra Gandhi case Right to fly the national flag

5. Related case study Maneka Gandhi vs Union of India No geoghraphical limitations Exchange thoughts and ideas outside of India also

6. Reasonable restrictions[Article 19(2)] Security of state Serious form of public disorder Friendly relations with foreign states Foreign relation act 1932 Public order Public peace and safety Decency or Morality R.Y.Prabhoo vs P.K. Kunte

7. FREEDOM OF ASSEMBLY It comes under article 19(1)(b) & 19(3 ) Under freedom of assembly, people are entitled to gather peaceably with groups of other people to pursue mutual interests and goals. This concept is closely linked with the right to free association, a human right that pertains to joining associations and organizations. The right to assembly is used to argue that as long as people are not inciting violence or creating a clear and present danger , they have the right to gather in groups to exchange information and ideas.

8. Reasonable restrictions on freedom of assembly The right to hold assembly conferred to article 19(1)(b) is, however, not absolute. It is subjected to following restrictions [i] the assembly must be peaceful [ii] it must be unarmed [iii] the state may impose reasonable restrictions under clause (3)of article 19 in the interests of public order or sovereignty and integrity of India Public order The restriction must be regulatory and not to prohibitive in nature Himmat Lal Vs Police C omissioner M umbai No right to hold assembly on private property Railway B oard Vs Niranjan Singh

9. FREEDOM TO FORM ASSOCIATION This comes under 19(1)(C) and 19(4) It includes to form companies , societies , partnership , and trade union etc. Freedom of association is a civil right that mandates that people are allowed to join any associations they wish, without interference. Conversely, people are also allowed to reject membership in organizations. This addresses situations like organizing trade unions, preventing employers from pressuring their staff into refusing to join the union. It also ensures that people are not forced to join associations they do not wish to join.

10. Freedom of association and government employees P. Balakothaih Vs Union of India case In this case the supreme court distinguish between the right to be a member of an association and right to continue in government services Right to association and armed forces In O.K. Nair Vs union of India case, important question arose whether civilian employees designted as non-combatants such as cooks,chowkidars,barbers,mechanics etc attached to the defence establishments have right to form association or not.

11. the right to form association does not carry right to recognition The right to form association does not carry right to strike Also it does not carry the right to inform rival union Right subjected to reasonable restrictions The right guaranted under article 19(1)(c) is not absolute article 19(4) specifically empowers the state to make any law fetter , abridge or abrogate the right by imposing reasonable restrictions the prevention of terrorism act,2002 was enacted to protect the sovereignty and integrity of India from the means of terrorism State of Madras v s V. G. row

12. RIGHT TO MOVEMENT AND RESIDENCE Freedom to movement [Article 19-1 (d)] Scope of Article 19-1 (d) “Right to locomotion” Freedom to residence [Article 19-1 (e)] Article 19-1 (d) & (e) are complementary

13. Objectives of article 19-1 (d) & (e) Right to shelter included case study : Avas Evam Vikas P arishad v. Friends Co-operative H ousing S ociety L td. Dhan bahadur ghorti vs State of Assam

14. FREEDOM OF PROFESSION,OCCUPATION,TRADE &BUSINESS Article 19-1 (g) Basic definitions Occupation Profession Trade Business

15. SCOPE OF ARTICLE 19-1( g ) Not to start or to close down a business No right to hold particular job of one’s choice Fertilizer corporation K amgar union vs Union of India No right to carry on any anti-social or dangerous activity - Res Extra- commercium

16. Right to carry on business or trade in liquor State of A.P vs Mcdowell & co No right to carry business with government

17. India is a secular country with no officially recognized religions. India’s Constitution provides that “all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.”

18. Related articles are : Article 25: Freedom of conscience and free profession, practice and propagation of religion Article 26: Freedom to run religious affairs Article 27: No person shall be compelled to pay any tax for the promotion or maintenance of any religion Article 28 : Freedom as to attendance at religious instruction or religious worship in certain educational institutions

19. ARTICLE 25 Clause 1 provides : “Subject to public order , morality and health and to the other provisions of this part , all persons are equally entitled to freedom of conscience and the right freely to profess , practise and propagate religion . ”

20. This clause secures to every person – Freedom of conscience The right to : - (a) Profess religion - to make an open declaration (b) Practise religion - practices which constitute integral and essential part of religious practise - Masood Alam v. Commisioner of Police - State of Bombay v. Narasu Appa Mali (c) Propagate religion - to spread and publicise one’s religious views - Rev Stainslav v. State of Madhya Pradesh

21. The article 25 is subjected to : Public order , morality , health and other provisions of part 3 - Gulam Abbas v. State of U.P Regulation or restriction of economic , financial , political or other secular activity associated with religious practice - Mohd . Hanif Quereshi v. State of Bihar Social welfare and reforms - Venkataramana Devaru v. State of Mysore

22. Article 26 freedom of religion of religious denominations Article 26 provides : “ Subject to public order, morality and health, every religious denomination or any section thereof shall have right- (a) to establish & maintain institutions for religious & charitable purposes ; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property and (d) to administer such property in accordance with the law.

23. Religious denomination It must be a collection of individuals who have a system of beliefs or doctrines which they regard as conducive to their spiritual well-being, i.e. A common faith; It must have a common organisation; It must be designated by a distinctive name. Case studies : - Sri. Adi Visheshwara of Kashi Vishwanath Temple, Varanasi vs. State of U.P. - Bramchari Siddheshwar Shai vs. State of W.B.

24. Art. 26 Clause (a) right to establish and maintain institutions Guarantees to every “religious denomination” or any section thereof the right “to establish and maintain institutions for religious and charitable purposes”. Includes “the right to exclude the profession or practices belonging to other religions”. Case studies : - Sanjib Kumar vs. St. Paul College. - Azeez Basha vs. Union of India.

25. Art. 26 Clause (b) right to manage matters of religion Guarantees to every “religious denomination” the right “to manage its own affairs in matters of religion”. “Matters of religion” : includes religious practices, rites and ceremonies essential for the practising of religion. would not include the religious practices unless those practices are found to constitute essential and integral part of a religion. Case study : - Commer. of Police vs. Acharya J. Avadhutta

26. Art. 26 Clause (c) & (d) right to own and administer property Clause (c) secures to a religious denomination or any section thereof “the right to own and acquire movable and immovable property”. Clause (d) further strengthens this right by guaranteeing to the denomination “the right to administer such property in accordance with law”. Case study : - Ratilal Panachand Gandhi vs. State of Bombay

27. Article 27 freedom from payment of taxes for promotion of any particular religion “ no person shall be compelled to pay any taxes the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denominations ”. Objective : To protect secular characteristics of the Constitution of India

28. NOTE :- - Article 27 prohibits the levy of ‘ tax ’ and not the imposition of a ‘ fee ’ . - it does not prohibit : (i) reconstruction of religious and educational places damaged during communal riots , at the cost of government (ii)land acquisition for temple meant for public use (iii)programme held by Government of India to honour those who have contributed to India’s cultural heritage . Case Study : Sri Jagannath v. State of Orissa , The Orissa Hindu religious endowment Act, 1939.

29. Article 28 prohibition of religious instructions in educational institutions Clause (1) of Art. 28 provides “No religious instruction shall be provided in any educational institution wholly maintained out of State funds”. Clause (3) further provides “No person attending any educational institution recognized by the State of receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto ”.

30. Clause (2), an exception to Clause (1) provides that the prohibition contained in Clause (1) “would not apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution”. Case studies : - D.A.V. College, Jullundur vs. State of Punjab - Aruna Roy vs. Union of India