Right to Free Movement: Supreme Court Slams “Area Bans” Without Just Cause
During a 2024 religious festival in Maharashtra, several Muslim residents were barred from entering a neighbourhood they had lived in peacefully for years.
The administration cited “precautionary measures,” but offered no evidence of risk.
They challenged the move, and the Supreme Court responded firmly in early 2025:
Freedom of movement across India cannot be curbed without a compelling reason.
Legal Framework
Article 19(1)(d) guarantees the right to move freely throughout the territory of India.
Only reasonable restrictions allowed under Article 19(5)—for the sake of public order, morality, or interest of general public.
The Court's Findings
- No prior FIR, no communal tension, no valid cause
- Banning movement based on community identity or assumptions is unconstitutional
- Orders restricting movement must be time-bound, recorded, and reviewed
“Peaceful movement cannot be criminalized in the name of anticipated unrest.”
Real-World Effect
- Boosts protection for migrant workers, minority communities, and travellers
- Bans based on “communal profiling” can be challenged easily
- Local administrators now have to justify restrictions with real, legal evidence
In free India, movement is not a privilege—it’s a promise, written in the Constitution.
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