Is there any right to go abroad?

The personal liberty to move freely throughout the area belonging to India is also a right given to each Indian citizen. This not only protects the right to travel India but also the right to travel abroad and this right is one that does not need any explanation or justification for its existence in a country. The judgement of the Honourable Supreme Court in Satish Chandra Verma v Union of India clarifies that “Acquisition of foreign citizenship by an Indian citizen does not attract any penal consequences under Section 6 of the Citizenship Act, 1955 or Section 15 of the Citizenship Act, 1967”.The Constitutional, statutory and case law records only confirm that Indian citizens have the right to apply for and obtain a passport, and that such a Right is part of their Fundamental Rights.

The Supreme Court in Satish Chandra Verma also granted all citizens rights to issue passports to their children as part of their “personal liberty” under Article 21.The right to free movement of an individual is protected under Article 19(1)(d) and under Article 21 of the constitution. The right of a person to travel abroad is an integral part of his liberty and freedom. Restrictions imposed on the citizen’s fundamental rights are required to meet ‘compelling’ public interest. It is only to achieve a compelling public interest that restrictions can be imposed on the citizens. Authur Anthony Benn once said, “Freedom for the pike is death for the minnows”.

Here, both should have equal opportunity and freedom but one species should not dominate over other species.If a passport is issued or renewed with the knowledge of facts which render it false, or it is obtained by suppressing material information, then there is an offence under Section 37 of the Passport Act. If a person has obtained a passport through submission of a faked birth certificate then he can be prosecuted for criminal conspiracy, cheating and forgery under Sections 120B,420 and 468 respectively.

Currently, Indian citizens require permission in form of a No Objection Certificate issued by the Indian Government to travel abroad.The case of Satish Chandra Verma vs. Union of India, 2009 and Maneka Gandhi v. UOI, 1978 have provided a lucid and conclusory answer to the question that even if a person is accused in criminal cases and has been charge-sheeted or already convicted in some cases, there is no right to refuse issuance of passport to him. Each case would have to be examined as per the facts which are available on record. The State would then have to establish certain relevant facts before issuing the passport which could be declined by the authorities.It is important not only to know the law but to have a basic understanding of the reason it is there. There are several exceptions or valid grounds which would mean your passport will be retained. Passport authority is in violation of personal freedom and liberty under Article 21 of the Constitution if any of the grounds for refusal have been contravened or not satisfied.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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