Making A Complete Mockery Of Personal Liberty In India
📌 1. Understanding Personal Liberty
Personal liberty refers to the freedom of an individual to act and live without unwarranted interference by the State, so long as it does not harm others or breach any legal boundaries.
Components of Personal Liberty:
Freedom from arbitrary arrest or detention
Right to privacy
Freedom of movement
Right to live with dignity
Right to legal aid
Freedom of expression
🧑⚖️ 2. Judicial Interpretation of "Personal Liberty"
✅ Maneka Gandhi v. Union of India (1978)
Citation: AIR 1978 SC 597
Facts: Maneka Gandhi’s passport was impounded by the government without giving her a chance to be heard.
Held: The Supreme Court expanded the scope of Article 21. It ruled that "procedure established by law" must be just, fair, and reasonable, not arbitrary.
Significance: Introduced due process of law in Indian jurisprudence.
This case broadened the scope of personal liberty—but many subsequent actions by the State have made a mockery of this liberty, as discussed below.
❌ 3. Making a Mockery of Personal Liberty – Key Instances & Case Laws
⚖️ A. Preventive Detention Laws
📍 ADM Jabalpur v. Shivkant Shukla (1976) – "Habeas Corpus Case"
Facts: During the Emergency (1975-77), citizens were arrested without charges. The issue was whether the right to life and liberty could be suspended during Emergency.
Held: The Supreme Court shamefully held that even Article 21 could be suspended during Emergency. People had no remedy if unlawfully detained.
Criticism: This judgment is widely regarded as one of the darkest moments in Indian legal history.
Overruled by: Justice K.S. Puttaswamy v. Union of India (2017)
🧨 Mockery: Citizens could be detained without any legal recourse.
⚖️ B. Arbitrary Use of Sedition Law
📍 Kedar Nath Singh v. State of Bihar (1962)
The Court upheld the validity of Section 124A IPC (Sedition) but restricted its use to acts that incite violence or public disorder.
Despite this, sedition has been misused to silence dissent, especially against journalists, students, and activists.
📍 Examples of Misuse:
Arrest of Disha Ravi (2021) – for sharing a "toolkit" related to farmers' protests. No incitement to violence was proved.
Arrests of anti-CAA protestors under sedition and UAPA.
🧨 Mockery: Law meant for colonial suppression is used to curb democratic rights.
⚖️ C. Abuse of UAPA (Unlawful Activities Prevention Act)
📍 K.A. Najeeb v. Union of India (2021)
The Supreme Court granted bail to a UAPA accused, emphasizing that bail should not be denied solely due to the label of UAPA if trial is delayed.
📍 Example: Bhima Koregaon Case
Intellectuals and activists like Sudha Bharadwaj, Varavara Rao, and others were jailed for years without trial under UAPA.
Bail was denied repeatedly, despite failing evidence.
🧨 Mockery: Personal liberty denied for years based on speculative charges and vague investigations.
⚖️ D. Right to Privacy Violations
📍 Justice K.S. Puttaswamy v. Union of India (2017)
Held that right to privacy is a fundamental right under Article 21.
However, surveillance laws, biometric data collection (like Aadhaar), and Pegasus spyware allegations show repeated invasions of personal liberty.
🧨 Mockery: The State snooping on private lives without transparency or accountability.
⚖️ E. Prolonged Undertrial Detention
Thousands of undertrials are languishing in jails without conviction.
📍 Hussainara Khatoon v. State of Bihar (1979)
Highlighted the plight of undertrials who had been in jail for longer than the sentence of the offense they were charged with.
The Court emphasized speedy trial as a part of personal liberty.
🧨 Mockery: Liberty denied due to systemic failure in delivering justice on time.
⚖️ F. Internet Shutdowns and Freedom of Expression
📍 Anuradha Bhasin v. Union of India (2020)
The Supreme Court ruled that freedom of speech and expression over the Internet is a fundamental right under Article 19.
However, prolonged Internet shutdowns, especially in Jammu and Kashmir, have crippled communication and rights.
🧨 Mockery: State stifling liberty by cutting access to modern communication tools.
⚖️ G. Muzzling Protest and Dissent
📍 Shaheen Bagh Case (Amit Sahni v. Commissioner of Police) (2020)
Peaceful anti-CAA protestors at Shaheen Bagh were removed under the pretext of "public inconvenience."
The judgment emphasized the need to balance protest rights with public order but practically curtailed the right to protest in public spaces.
🧨 Mockery: Right to dissent being crushed by declaring protests as disturbances.
📚 4. Conclusion
While the Indian Constitution and judiciary have made powerful pronouncements in favor of personal liberty, the reality often contradicts this promise. From:
Colonial-era laws like sedition
Draconian laws like UAPA
Prolonged detentions without bail
Abuse of surveillance and denial of digital rights
…it is clear that personal liberty in India often becomes a tool in the hands of the State rather than a shield for the citizen.
📌 Summary Table
| Aspect | Case Law | Mockery of Liberty |
|---|---|---|
| Emergency detentions | ADM Jabalpur | No remedy against illegal detention |
| Sedition misuse | Kedar Nath Singh | Dissent treated as treason |
| UAPA detentions | K.A. Najeeb, Bhima Koregaon | Years in jail without trial |
| Privacy invasion | Puttaswamy | State surveillance |
| Undertrial delay | Hussainara Khatoon | Detained beyond lawful limits |
| Internet shutdowns | Anuradha Bhasin | Communication blackout |
| Protest curtailment | Shaheen Bagh Case | Denial of public space for protest |
RELATED Blog
0 comments