Freedom of assembly, association and movement
Q. Which of the following is/are true?
1) Freedom of assembly includes right to strike.
2) Right to obtain recognition of association is not a fundamental right.
3) Article 19 protects only right to move inside the country.- Published on 21 Feb 17a. 2, 3
b. 1, 2
c. 1, 3
d. All of the above
ANSWER: 2, 3
- Freedom of Assembly - Every citizen has the right to assemble peaceably and without arms.
- It includes the right to hold public meetings, demonstrations and take out processions.
- This freedom can be exercised only on public land and the assembly must be peaceful and unarmed.
- This provision does not protect violent, disorderly, riotous assemblies, or one that causes breach of public peace or one that involves arms.
- This right does not include the right to strike.
- The State can impose reasonable restrictions on the exercise of right of assembly on two grounds,namely, sovereignty and integrity of India and public order including the maintenance of traffic in the area concerned.
- Under Section 144 of Criminal Procedure Code (1973), a magistrate can restrain an assembly,meeting or procession if there is a risk of obstruction, annoyance or danger to human life, health or safety or a disturbance of the public tranquility or a riot or any affray.
- Under Section 141 of the Indian Penal Code, as assembly of five or more persons becomes unlawful if the object is :
1. to resist the execution of any law or legal process;
2. to forcibly occupy the property of some person;
3. to commit any mischief or criminal trespass;
4. to force some person todo an illegal act; and
5. to threaten the government or its officials on exercising lawful powers.
- Freedom of Association - All citizens have the right to form associations or unions or co-operative societies. It includes the right to form political parties, companies, partnership firms, societies,clubs, organizations, trade unions or any body of persons.
- It not only includes the right to start an association or union but also to continue with the association or union as such.
- Further, it covers the negative right of not to form or join an association or union.
- Reasonable restrictions can be imposed on the exercise of this right by the State on the grounds of sovereignty and integrity of India, public order and morality.
- Subject to these restrictions, the citizens have complete liberty to form associations or unions for pursuing lawful objectives and purposes.
- However, the right to obtain recognition of the association is not a fundamental right.
- The Supreme Court held that the trade unions have no guaranteed right to effective bargaining or right to strike or right to declare a lock-out.
- The right to strike can be controlled by an appropriate industrial law.
- Freedom of Movement - This freedom entitles every citizen to move freely throughout the territory of the country.
- He can move freely from one state to another or from one place to another within a state.
- This right underline the idea that India is one unit so far as the citizens are concerned.
- Thus, the purpose is to promote national feeling and not parochialism.
- The grounds of imposing reasonable restrictions on this freedom are two, namely, the interests of general public and the protection of interests of any scheduled tribe. The entry of outsiders in tribal areas is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation.
- The Supreme Court held that the freedom of movement of prostitutes can be restricted on the ground of public health and in the interest of public morals.
- The Bombay High Court validated the restrictions on the movement of persons affected by AIDS.
- The freedom of movement has two dimensions, viz, internal (right to move inside the country) and external (right to move out of the country and right to come back to the country).
- Article 19 protects only the first dimension.
- The second dimension is dealt by Article 21 (right to life and personal liberty).
