The Right to Freedom in India: Powerpoint on Article 20
Article 20 of the Indian Constitution lays down the protection of life and personal liberty. This critical article sets out some rights every Indian citizen has to have certain freedoms. It’s time to get down to business in layperson’s terms.
What Entitlements Does Article 20?
Article 20 guarantees three fundamental rights: Article 20 guarantees three fundamental rights:
- The legal right that one has concerning being shielded from being prosecuted, tried. Incarcerated for a crime that was not a criminal act under the law when the act was committed.
- The defendant shall not be subject to the same charge for the same criminal act. Freedom against self-incrimination. As it is legally termed, protection against being compelled to witness against one’s self.
Let Us Review These Key Rights Under Article 20:
- The law prohibits ex post facto laws: I cannot be arrested and confined under a new law when my action was not legally categorized as a crime. For instance, if today the law is raised to 21 years to drink alcohol, for example, I cannot be arrested for being a minor and drinking despite being 19 years old. It must be noted that the law cannot apply only to me, and to do so would be against the spirit of the law. Which protects everyone from laws with retrospective effects that only seek to harm a person.
- No Double Jeopardy: I cannot be subjected to a trial or be punished again for the same crime. The police cannot reopen your case if a court has already acted and punished you. The courts cannot retry your case just because they did not like the decision. It prevents foul play, including using the legal system to hound or victimize others.
- No Self-Incrimination: This means that the prosecution has to produce evidence that points to me as the culprit of the crime. I can not be coerced to say something, produce any proof to make me a suspect, or make a statement against my will. The police can not torture me or force me to testify against myself.
When can such rights be limited?
Like other rights, these freedoms start under Article 20 also have reasonable limitations. My rights can be limited if:
- It is done so for national security purposes. It is for a national security interest
- It protects the health, safety, welfare, good order of the public, and decency or morality.
Implications in Real Life
From the perspective of an ordinary citizen, it shields me against unlawful exploitation of the laws and the unjust exercise of power. If arrested, the police cannot make me give a statement that incriminates myself or furnish the law with any materials that may stand as evidence against me.
I can also decline to respond to questions and sustain my innocence until the contrary is proven. The courts also cannot continue prosecuting me time and again just because the police or government does not like the previous verdicts that I have gotten in my favor. This article thus protects individuals from harassment by law enforcement authorities or legal agencies.
Key Takeaways
The essence of Article 20 of the Indian Constitution
- can’t commit a crime for an act that wasn’t a crime at the time it was committed
- shall not be subjected to consecutive trials for the same crime
- cannot be compelled to incriminate myself or be made to be a witness against my own will
The rights under this article are general and effectual, guaranteeing civil liberties, thereby safeguarding against abuse of state power and authority in all provinces. The essence of Article 20 can be said to be the protection of everyday people from being forced and abused by the misuse of law.
Conclusion
I trust this analysis has made it easier for you to navigate Article 20 of the Constitution by making you aware of your fundamental rights. Please leave other questions in the comment section below if you have any.