India

India

Right	Section	Contents
Freedom of Association	History	The following is from Gandhi’s “Liberty of the Press” from 12 January 1922: “Freedom of association is truly respected when assemblies of people can discuss even revolutionary projects, the State relying upon the force of public opinion and the civil police, not the savage military at its disposal, to crush any actual outbreak of revolution that is designed to confound public opinion and the State representing it…. The fight for swaraj means a fight for this threefold freedom before all else." Part III Article 19 of the Indian Constitution (1950) grants citizens the right to “form associations or unions” (Dalton).
Freedom of Expression	History	The Constitution of India Bill (also referred to as the Swaraj Bill) codified in 1895 was the first to protect freedom of expression. Following independence from Britain, India created its draft constitution in 1948, which was the first document to grant Indians freedom of speech and expression. This right was reaffirmed in the 1949/50 Constitution. References: “Constitution of India.” 2015. CAD. June. https://www.constitutionofindia.net/historical_constitutions/the_constitution_of_india_bill__unknown__1895__1st%20January%201895#:~:text=The%20Constitution%20of%20India%20Bill%201895%2C%20also%20referred%20to%20as,albeit%20within%20the%20British%20Empire. English original text of the Draft Constitution of 1948, 652 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0011&id=4&men_tab=srchresults English original text of the Constitution of 1949, 39 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0012&id=6&men_tab=srchresults
Freedom of Religion	History	The Constitution of India was ratified on November 29, 1949. Articles 15, 16.2, 23.2, 25, 26, 27, 29.2, 30, and 325 grant religious Freedom, equality, and prohibit religious discrimination. Article 371 grants special religious protections throughout various states and religions of India. Article 25 Section 1 states that “[s]ubject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion” (constituteproject.org). According to the US Department of State in 2021, “ten of 28 states have laws restricting religious conversions. Four state governments have laws imposing penalties against so-called forced religious conversions for the purpose of marriage…” (state.gov). Constituent Assembly. “The Constitution of India.” Government of India. Department of Legislation , November 26, 2021. Last modified November 26, 2021. Accessed June 14, 2022. https://legislative.gov.in/sites/default/files/COI...pdf. “India - United States Department of State.” U.S. Department of State, June 10, 2022. https://www.state.gov/reports/2021-report-on-international-religious-freedom/india/. “India 1949 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/India_2016.
Freedom of the Press	History	India’s 1949 Constitution does not explicitly protect press freedom, but it is conventionally understood that Article 19 protections on freedom of expression legally extend to the press (Gaur 1994, p. 429).
Privacy Rights	History	While not explicitly mentioned in the Indian constitution, the right to privacy has been recognized by the Indian Supreme Court. In 2017, they ruled unanimously that the right to privacy for all people falls under Article 21, which provides the “protection of life and personal liberty” (McCarthy; Mahapatra & Choudhary). McCarthy, J. ( 2017, Aug. 24). Indian Supreme Court declares privacy a fundamental right. NPR. https://www.npr.org/sections/thetwo-way/ 2017/ 08/24/545963181/indian-supreme-court-declares-privacy-a-fundamental-right Mahapatra, D. & Choudhary, A.A. ( 2017, Aug. 24). Right to privacy is a fundamental right, it is intrinsic to the right to life: Supreme Court. Times of India. https://timesofindia.indiatimes.com/india/right-to-privacy-is-a-fundamental-right-supreme-court/articleshow/60203394.cms
Voting Rights and Suffrage	History	Article 326 of the Constitution provides that the elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage. The Constitution Act of 1988, the Sixty-first Amendment changed the age of voting to 18 (Government of India, “The Constitution (Sixty-first Amendment) Act, 1988” ).