The right to freedom of movement is a fundamental human right recognized by the International Covenant on Civil and Political Rights (ICCPR), to which India is a party. This right is protected under Article 12 of the Indian Constitution, which states that "all citizens shall have the right to move freely throughout the territory of India."
In practice, however, the right to freedom of movement in India has not always been upheld. There have been instances where the government has imposed restrictions on the movement of individuals or groups of people, either for security reasons or as a means of controlling or punishing certain actions or behaviors.
One example of this is the controversial Citizenship Amendment Act (CAA) of 2019, which has been met with widespread protest and criticism. The CAA allows for the expedited naturalization of certain non-Muslim immigrants from Bangladesh, Pakistan, and Afghanistan, but excludes Muslims from these countries. Many have argued that the CAA is discriminatory and violates the right to equality guaranteed under the Indian Constitution.
There have also been instances where the government has imposed restrictions on the movement of people within certain regions or areas for security reasons, such as in the state of Jammu and Kashmir, which has a long history of conflict and unrest. In 2019, the government imposed a curfew and communication blackout in the region, severely restricting the movement and freedom of the people living there.
In addition to these government-imposed restrictions, the right to freedom of movement in India is also impacted by other factors, such as social and economic inequality. Many individuals living in poverty or marginalized communities may face barriers to accessing transportation or other means of movement. This can limit their ability to fully exercise their right to freedom of movement and access to education, employment, and other opportunities.
Overall, while the right to freedom of movement is protected under the Indian Constitution, it is clear that there are still challenges to ensuring its full realization in practice. It is important for the government and other stakeholders to work towards ensuring that all individuals in India are able to fully exercise their right to freedom of movement and to address any barriers or challenges that may prevent them from doing so.