Article 19 (1)(d) under Part III of the constitution deals with the fundamental right to freedom of movement. It guarantees the citizens of India the right to move freely throughout the territory of India. This right overlaps with Article 19(1)(e) which talks about the right to freely reside in any part of the country.
The word “freely” connotes “without any absolute restriction”. Wherever and however one likes, he can move without any restriction.
Not Absolute Right:-
- The provisions for providing the power of externment to the concerned executive authorities can be found in many statutes such as The Maharashtra Police Act (MP 1951), Punjab Security of State Act 1953, and Assam Maintenance of Public Order Act 1947, Karnataka Police Act.
- The pandemic has brought many restrictions in our ordinary life. From restricting our movement via imposed lockdowns to freedom of expression and assembly. Public gatherings, restaurants, malls, etc. were put to close,. especially during the early period of the pandemic.
- Restriction on freedom of movement is put by the order passed by the government under Section 144 of CrPC along with the Epidemic Disease.
SC Observation:-
- Kharak Singh v. The State Of U.P:- In this case, unreasonable surveillance and domiciliary visits by police not authorized by any law and thus held to be violative of the right to freedom of movement.
- The State of UP VS Kaushailya:- Restrictions on the free movement imposed on prostitutes to carry out their trade within the specified area is held valid.
The UN Declaration of Human Rights and Article 12 of (ICCPR) at the global level, protect the freedom of movement as a basic human right. However As the saying goes, “Extraordinary times call for extraordinary measures”.