fundamental rights

KANDE VENKATESH GUPTA (Querist) 13 August 2008 This query is : Resolved
Whether right to observe silence is a fundamental right?

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Guest (Expert) 14 August 2008
No, it is not. Article 19 doesnot say so.

neelam biala (Expert) 15 August 2008
Certainly Not!!!

Article 19 doesnot say so.

Manish Singh (Expert) 18 August 2008
it is infact one of ou fundamental right as under art 21; right to live in a peaceful conditions .
it is in a way, our fundamental right since scope of art 21 is extremely wide and is always enforceable.
we can avail this right under IPC by invoking the provisions of public nuisance.
Also, it has been held in several PILs that a factory creating noisepollution in residential areas are against art 21.

praveen kumar (Expert) 19 August 2008
Dear sir,
The article 20 or 21 of the Indian Constitutiion provides that a person can not be compelled to give evidence against himself, in this way the right to ramain silent can be said to be a fundamental right.

Adv.Shine Thomas (Expert) 08 September 2008
In Bijoe Emmanuel vs.State of Kerala it was held that the fundamental right under Art.19(1)(a) also includes the freedom of silence.

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