Right to Freedom Article 22

Article 22 discusses immunity against arrest or detention under specific circumstances.

Citizens as well as non-citizens can also read this article. The provision is also meant to offer some of the procedural safeguards for individuals where there is an arrest. This is something that comes into play after a person gets arrested. However, it is not a constitutional and fundamental detention and arrest case. This right prohibits random arrests and imprisonment.

The article provides the following safeguards:

Article 22(1): When a person is found in custody, he should be informed about the reasons for his arrest. He also has a right not to have his case heard without an advocate or to contact an advocate, a right that must be assured.

According to Article 22(2), an arrested person must appear before a judicial magistrate within one day after his arrest.

Article 22(3): A person cannot be held in detention for a longer period than the one set by a judicial magistrate after arrest.

However, these safeguards do not apply to:

• Enemy aliens
• People are arrested on a preventive detention basis.

What is preventive detention?

There are two types of detention:

• Punitive
• Preventive

Detention after trial is punitive detention. It is referred to as pre-trial detention or preventive detention means of detainment in the English language. This is aimed at ensuring that one does not commit a crime. Thus, one can hold people for a period that lasts until the suspicion is confirmed. Preventive detention laws dictate the rights of those arrested in such a manner.

Right to Freedom: Indians can enjoy a fundamental right to freedom as provided under their constitution. This right enables every Indian resident to be engaged in any work all over the territory of India. It also provides security for the person’s rights from unjust actions.

The Right to Freedom means that people can live and work without the government’s interference. This right is important because it makes sure that everyone is treated fairly and has equal rights. It also keeps people safe from being unfairly kept in custody or jailed without a good reason. Read below this comprehensive article to explore the right to freedom in depth.