Daily News Analysis

Right to Move

5th October, 2021 Polity

Figure 1: No Copyright Infringement Intended

Context:

  • The Supreme Court on Monday asked 43 farmers’ organisations and leaders listed by the Haryana Government to respond to a petition filed by a Noida resident who claims her right to free movement on public roads has been choked by their protests to repeal three controversial farm laws.

 

About Freedom of Movement:

  • Article 19(1)(d) of The Indian Constitution guarantees to all Citizens of India the Right "to move freely throughout the territory of India.
  • The freedom of movement has two dimensions, viz, internal (right to move inside the country) and external (right to move out of the country and right to come back to the country).
  • Article 19 protects only the first dimension. The second dimension is dealt by Article 21 (right to life and personal liberty).

Grounds of Restrictions:

  • According to clause (5) of Article 19 of Indian Constitution State may impose reasonable restrictions on the Freedom of movement on two grounds:
    • In the Interest of General Public
    • For the Protection of Scheduled Tribes

Legal Verdict

  • Kharak Singh V. State of UP, Supreme Court Held that the right to move freely throughout the territory of India means the right of locomotion which connotes the right to move wherever one likes, and however one likes.
  • State of Uttar Pradesh Vs.  Kaushalya, Supreme Court held that the right of movement of prostitutes may be restricted on ground of Public Health and in the interest of Public Morals.