Right to travel abroad is a basic human right: SC

Mains Paper 2 : Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure |

Note4Students

From UPSC perspective, the following things are important :

Prelims level : 1958 Kent vs Dulles Judgment

Mains level : Right to travel abroad


News

  • The right to travel abroad is a genuine and basic human right like marriage and family, the Supreme Court has observed in a recent order.

Right to travel abroad

  • The court was hearing an appeal filed by an IPS officer who was refused permission to take a private trip abroad to visit relatives as he had a departmental enquiry pending against him.
  • The court ruled that the right to travel abroad is an important basic human right for it nourishes independent and self-determining creative character of the individual.
  • The right also extends to private life; marriage, family and friendship are humanities which can be rarely affected through refusal of freedom to go abroad and clearly show that this freedom is a genuine human right.

Referring the 1958 Kent vs Dulles Judgment

  • Setting aside the order, the Supreme Court referred to its Maneka Gandhi judgment upholding the right to travel and the landmark U.S. Supreme Court case of 1958 Kent vs Dulles.
  • The Bench quoted the majority opinion of Justice William O. Douglas in the latter case which said freedom to go abroad has much social value and represents the basic human right of great significance.
  • The court said that this basic human right also extends to private life; marriage, family and friendship.
  • These are part of human nature which can be rarely affected through a refusal of freedom to go abroad.
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