Allahabad High Court Reaffirms Foreign Travel as a Fundamental Right

In a significant judicial intervention, the Allahabad High Court has reaffirmed that the right to travel abroad is a fundamental right protected under Article 21 of the Constitution. The court’s ruling came while hearing a petition challenging a trial court’s refusal to grant a No Objection Certificate (NOC) to an individual seeking employment opportunities overseas. The trial court had previously denied the request, citing pending legal proceedings, but the High Court emphasized that such restrictions must be reasonable and not arbitrary. Drawing upon the landmark precedent of 'Maneka Gandhi v. Union of India (1978)', the High Court underscored that the 'right to life' is not merely restricted to physical existence but encompasses the right to live with human dignity, which includes the freedom to travel and pursue professional growth globally. The court observed that the state cannot impose blanket restrictions on an individual's movement unless there is a compelling legal necessity or a specific statutory provision that justifies such an infringement. By setting aside the trial court's order, the High Court has reinforced the principle that judicial discretion in denying travel documents must be exercised sparingly and must adhere to the 'procedure established by law' which is fair, just, and reasonable.