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LoginKey Points
Article 22 - It deals with the protection against arrest and detention in certain cases.
This article is applicable to both citizens and non-citizens.
This provision extends certain procedural safeguards for individuals in case of an arrest.
The idea behind this right is to prevent arbitrary arrests and detention.
The article provides the following safeguards
Article 22(1) : Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate.
Article 22(2): The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
Article 22(3) – Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.
These safeguards are, however, not applicable to:
Enemy aliens
People arrested under preventive detention law.
Additional Information
Right to go abroad:
The right to move freely throughout the territory of India is bestowed under Article 19 of the Indian constitution, however, the right to travel abroad has been derived from the right to life and personal liberty provided under Article 21.
In the case of Satwant Singh Sawhney v. D. Ramarathnam, the Supreme Court established the “expression” personal liberty takes the right of locomotion and to travel abroad.
Right to human dignity:
The right to live with human dignity is one of the fundamental rights guaranteed under Article 21 in the Indian Constitution. It means that every person has the inalienable right to live with dignified life without discrimination. They are entitled to claim equal respect from the state as well as from other persons.
In Maneka Gandhi v. Union of India, the Supreme Court gave a new dimension to Art. 21. The Court held that the right to live is not merely a physical right, but includes within its ambit the right to live with human dignity.
Right to undertrial prisoners not to be detained for unreasonably long period:
It is very well said that justice delayed is justice denied. Every prisoner has a right to a speedy trial irrespective of the crime he is convicted of.
Although the right to a quick trial is not expressly listed as a basic right in the Indian Constitution, it is implied by the scope of Article 21.
In Sheela Barse v. Union of India court reaffirmed that speedy trial to be fundamental right.
Moreover, the right to a speedy trial is also contained under Section 309 of the Code of Criminal Procedure.