Right To Personal Freedom Essay

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ii. Right to personal freedom
The term ‘Personal freedom’ connotes absence of an external agent who exercises control over our actions. In its literal sense it means absence of constraint. It includes freedom to form an assembly, of speech and expression, of movement, of residence etc. However, the gamut of personal freedom is limited; it can be enjoyed only to a certain extent as long as it doesn’t infringe the rights of others. If no constraint in exercise of personal freedom is observed, then there will be no guarantee that anyone would be able to enjoy these rights.

Para 3 of the Preamble of ICCPR and ICESR states-
“Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom…. Can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights…” Article 29 of UDHR formulates that the limitations on personal freedom are to be “determined by law” solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of “morality, public order and the general welfare in a democratic society.” Thus, as per UDHR, restrictions imposed on personal freedoms must be …show more content…

Article 19(4) imposes restrictions on this clause of Article 19. These restrictions conform with the restrictions imposed in Article 22(2) of ICCPR. Article 19(1)(d) and (e) of the Constitution entrust the right to move freely ,and reside and settle anywhere in the territory of India. However, Article 19(5) allows states to make any laws in interest of general public and thereby imposes a restriction on these rights. Article 13 of UDHR and Article 12(1) of ICCPR provide for these rights whereas Article 12(3) provides for reasonable restrictions which can be imposed on their

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