Right to travel restricted during Covid 19 Lock down Right to travel restricted during Covid 19 Lock down

3 years ago

Me and my wife with one year old child is stuck at two district of same state during Covid 19 lockdown.Due to lockdown restriction baring one person from interdistrict travel I cannot travel to there place nor they can travel to my place.Can it be challenged in court as it against my fundamental right.Kindly advice me regarding the same

Rajagopal Sripathi

Responded 3 years ago

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A.Hi
The government of india has invoked disaster management act and as such certain fundamental rights pertaining to travel has been suspended.
So if at all you have any necessity , you can obtain travel passes from your police station who in turn will grant you passes for inter-district travel. Courts have said clearly that if there is any emergency, citizens can obtain permission from police and travel.
Hope this information is useful.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
There are so many such cases and it is not your individual case. Use your good offices and solve the problem. Approach the police commissioner or High Court.
Please give me Rank 5 if you feel my answer helped you
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Devesh Tripathi

Responded 3 years ago

A.see there are two aspects one is your fundamental right and another is other people's right so when an epidemic or pandemic is there administration can prevent you but you can show the exigency of this to local SHO of police station and also to SDM office you can approach they can provide u permission.
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Sarvesh Kumar

Responded 3 years ago

A.You have not mentioned clear that who had hold you and if police or government authority has hold you and your family for quarantine then they will be released after 14 days with sanctification negative report of Covid-19 and if the persons not related to government body then you can file Habeas Corpus writ before High Court or made complaint before appropriate i.e. S.P., D.M. authority for illegal detention or call your relatives to file the same.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,

Really sorry to know the pathetic situation you are going through, hopefully soon the lockdown gets over and you join back to your family.

The certain right has been curtailed under DM act, the court may not entertain such petition or result may not be so favorable.
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Chitra Sundar

Responded 3 years ago

A.This is a time of national emergency and it is unfortunate that you and your wife are stuck separately. However, these measures are required to combat this situation. You may approach the district collector of the place you are residing presently and request for permission to travel to the place where your wife is staying. I believe you may be able to resolve your issue.
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Suneel Moudgil

Responded 3 years ago

A.It cannot be challenged as the restrictions are imposed for the interest of public in lawful manner
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