who re recognition of their Right to Liberty : This is a very important right given by the Constitution. It gives a guarantee of all the freedoms necessary from the point of view of the individual. As Indian citizens, we have the right to - freedom of speech and expression dom to assemble peaceably associations ne
Answers
Answer:
Article 5 protects your right to liberty and security
It focuses on protecting individuals’ freedom from unreasonable detention, as opposed to protecting personal safety.
You have a right to your personal freedom. This means you must not be imprisoned or detained without good reason.
If you are arrested, the Human Rights Act provides that you have the right to:
be told in a language you understand why you have been arrested and what charges you face
be taken to court promptly
bail (temporary release while the court process continues), subject to certain conditions
have a trial within a reasonable time
go to court to challenge your detention if you think it is unlawful, and
compensation if you have been unlawfully detained.
Are there any restrictions to this right?
There are certain circumstances in which public authorities can detain you as long as they act within the law. This applies, for example, if:
you have been found guilty of a crime and sent to prison
you have not done something a court has ordered you to do
there is reasonable suspicion that you have committed a crime, someone is trying to stop you committing a crime or they are trying to stop you running away from a crime
you have a mental health condition which makes it necessary to detain you
you are capable of spreading infectious disease
you are attempting to enter the country illegally, and
you are going to be deported or extradited (sent to a country where you have been accused of a crime).
Using this right – examples
Steven, a young man with autism, needed temporary care while his father was unwell. The father assumed his son would stay at his usual respite care home, but the local council placed Steven in a specialist unit because of concerns about his behaviour. His father expected this to be a temporary move and for Steven be home again within weeks. When the council insisted on keeping him in the unit for longer, his father challenged this decision. Steven had been detained in the unit for almost a year when the Court of Protection (a specialist court at the High Court which deals with issues concerning people who lack the mental capacity to make decisions for themselves) ruled that the council had breached his Article 5 rights and unlawfully deprived him of his liberty. The court order enabled Steven to return home.
(Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 1377 (COP))
What the law says
This text is taken directly from the Human Rights Act.
Article 5: Right to liberty
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
the lawful detention of a person after conviction by a competent court
the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law
the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so
the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority
the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants
the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.
Explanation:
Explanation:
Central Government Act
Article 19 in The Constitution Of India 1949
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practise any profession, or to carry on any occupation, trade or business
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
(3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub clause
(4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub clause
(5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe
(6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,
(i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise