Right To Freedom

According to the Universal Declaration of Human Rights (UDHR), the right to education (Statement 1) is a fundamental human right. Everyone has the right to education and it should be free, at least in the elementary and fundamental stages. The right to equal access to public service (Statement 2) is also a human right under the UDHR. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Lastly, the right to food (Statement 3) is also a human right under the UDHR.

Right to Privacy and Article 21: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. In the landmark 2017 judgment of K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India unanimously held that the right to privacy is an intrinsic part of Article 21. This ruling reinforced privacy as a fundamental right, ensuring protection against unwarranted state and private intrusions. Part III of the Constitution covers Fundamental Rights, which include: - Article 19: Right to freedom of speech and expression, freedom of movement, and other essential liberties. - Article 21: Right to life and personal liberty, which now includes privacy after the Puttaswamy judgment. Article 14: Ensures equality before the law, but does not explicitly deal with privacy. Article 17: Abolishes untouchability. Directive Principles of State Policy (DPSPs) are non-enforceable guidelines, not fundamental rights. Article 24: Prohibits child labor but has no relation to privacy. Thus, the right to privacy is most closely linked to Article 21 and the freedoms guaranteed in Part III of the Indian Constitution. Hence the correct answer is option (c).

**Statement 1 is incorrect:** As per the RTE Act, the minimum qualification for teachers is set by the National Council for Teacher Education (NCTE), not the state council. **Statement 2 is correct:** The RTE Act mandates that candidates must pass the Teacher Eligibility Test (TET) to qualify for teaching primary classes. The NCTE sets the guidelines for conducting this test. **Statement 3 is incorrect:** According to the All India Survey on Higher Education (AISHE) 2019-20, approximately 67% of teacher education institutions in India are privately managed, while only around 33% are government-run. Hence, the correct answer is option (b) 2 only.

**Article 21:** This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court of India has expanded the scope of personal liberty to include various fundamental rights, including the right to marry a person of one's choice. **Shamima Begum vs. State of Assam (2018):** The court ruled that a woman has the right to marry a person of her choice, reinforcing that personal decisions related to marriage fall under individual autonomy and personal liberty as guaranteed by Article 21. **Hadiya's case (Shafin Jahan vs. Asokan K.M):** The Supreme Court upheld the right to marry as a fundamental right under Article 21. It ruled that an adult woman is free to make decisions regarding her marriage, rejecting attempts to interfere in personal choices. The court emphasized that state or societal disapproval cannot restrict an individual’s right to marry.

**Statement 1 is incorrect:** Police Custody means that the police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In Police custody, the accused is lodged in a police station lockup while in Judicial Custody, he is locked up in the jail. **Statement 2 is correct:** During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation is necessary under the facts produced before the court. However, during police custody, the police officer in charge of the case may interrogate the suspect.

The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21. This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21. 

* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the **Right to Privacy** is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under **Article 21 of the Constitution**, which guarantees the Right to Life and Personal Liberty. * **Article 21:** States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * **Article 15:** Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * **Article 16:** Guarantees equality of opportunity in matters of public employment. * **Article 19:** Guarantees certain freedoms like speech and expression, assembly, etc.