Is Arrest Under Sc St Act Violating Rights Of Freedom By Constitution

The right to freedom is one of the basic and essential rights that are guaranteed under Article 22 of the Constitution of India.

This article has long been the subject of debate because it directly contradicts Article 21 of the Indian Constitution, which concerns the rights to life and personal liberty. The restriction on freedom was originally meant to shield society from compromising the sanctity of the constitution.

This article acquires complete stability within the constitutional framework because its relevance has always been very arbitrary and open to interpretation.

Article 22 of Constitution of India

Article 22 helps protect against detention and arrest under specific conditions. They include-

Coverage of both citizens and non-citizens
It provides important procedural safeguards for individuals in the event of an arrest
It only applies once someone has been arrested and taken into custody
The purpose of this right is to prevent arbitrary detention and arrest

Freedom of Arrested Persons

The Indian Constitution outlines several important rights for those who are already convicted at the time of their detention. In compliance with Article 32 and Article 226 of the Constitution of India, if these rights are violated, they may be challenged through a writ petition. In other words, because they are fundamental, these freedoms cannot in any way be compromised when they are upheld.

Both the Constitution of India and the Code of Criminal Procedure mention it. Rights are also included in Article 22 of the Indian Constitution, such as the right to information, the right to present before a magistrate within 24 hours, and the right to seek legal advice.

Right to Information regarding the Reasons for Arrest

Any police officer or other individual authorized to make an unlawful arrest is required under Section 50 of the Criminal Procedure Code to promptly notify the suspect of the reason for the arrest. The arrest is not lawful unless this clause is followed.
In accordance with Article 22(1), a person who has been detained cannot be kept in custody without being promptly informed of the circumstances leading up to the arrest.
These two laws explicitly indicate that no arrests might be attempted since doing so is legal. Aside from having the legal right to make an arrest, every detention must have a good justification for it.
According to the decision in the case of Joginder Kumar v. State of U.P., a person who is imprisoned must be aware of the basis for his incarceration and has the right to reveal the location of his confinement to any third party.

Right to Choose the defense lawyer of One's Choice

Under the virtue of Article 22(1) of the Indian Constitution, anybody who is detained has the right to contact and retain a lawyer of his choosing at all times. This right is boosted as soon as the individual is taken into custody.
In the case of Hussainara Khatoon & Ors v. Home Secretary, State of Bihar, the court ruled that the people had the right to make their own decisions. Arrests were made in response to the accusation, which is terrifying. The defendants were detained and denied their freedom even before the trial began and the ridiculous charge was established. Because of concern for the circumstances, the court determined that a speedy trial is a constitutionally protected right, even though it is not expressly stated anywhere in the Constitution. The decision mandates that an investigation be conducted as quickly as is practical, and that the state is never permitted to refuse a rapid trial for any reason.
It was also decided that small offense arrests would result in trials that had to be finished in six months. Free legal assistance was also ruled to be a fundamental right.
The constitution also mandates that every SC or ST defendant receive free legal representation from the court. This right is expressly recognized in Article 39(A) and inferred in Article 21 of the Indian Constitution, despite not being covered by Article 22.

To prevent being arrested under the SC/ST Act, you would require legal representation. You can employ Divorce lawyers in Kolkata if you want to protect yourself from arbitrary arrest under the SC/ST Act in Kolkata.

You can hire Divorce lawyers in Mumbai if you want to protect yourself from arbitrary arrest under the SC/ST Act in Hyderabad. Similarly, if you wish to protect yourself from an unwarranted arrest under the SC/ST Act in Mumbai, you can hire Divorce lawyers in Hyderabad.

At Lead India, you can talk to a lawyer. You can obtain free legal adviceas well as ask a legal question online to lawyers at Lead India.