Navigating Travel Restrictions: Understanding Citizens’ Right to Go Abroad

Yash Patel
Sep 15
4 min read

The right to travel abroad is a cherished aspect of personal liberty, deeply enshrined in the Indian Constitution. For many, it represents freedom, opportunity, and personal growth. However, this right, like all fundamental rights, is not absolute. The government can impose restrictions under specific circumstances, often leaving citizens confused and distressed at an airport's immigration desk. This blog post demystify the legal framework governing travel restrictions in India, explaining when and how your fundamental right to travel can be curtailed.

The Constitutional Guarantee

At the heart of the matter is Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. The Supreme Court has repeatedly affirmed that the "right to travel abroad" is a vital part of this article. It's considered a basic human right that allows individuals to expand their horizons and experiences.

However, this right can be restricted according to a "procedure established by law." This means the government cannot arbitrarily prevent someone from leaving the country; it must follow a legally defined process.

The Legal Tools: Passports Act and Lookout Circulars (LOCs)

The primary legal instruments used to restrict travel are the Passport Act, 1967, and administrative orders known as Lookout Circulars (LOCs).

The Passport Act, 1967: This Act empowers the central government to impound or revoke a passport. Under Section 10, this can be done if the authorities believe the person's travel is against the interests of India's sovereignty, security, or friendly relations with other nations, or is otherwise detrimental to the public interest.

Lookout Circulars (LOCs): An LOC is a directive issued by law enforcement or other designated authorities to the Bureau of Immigration (BoI). It instructs immigration officials to prevent a person from leaving the country.

An LOC is typically issued when a person is wanted in a criminal case and is deliberately evading arrest or court proceedings. The request can come from various authorities, including senior police officials, CBI, Enforcement Directorate, or even a court of law.

When Can an LOC Be Issued?

The guidelines for issuing LOCs, last updated by the Ministry of Home Affairs in 2021, specify the conditions:

Cognizable Offences: The primary ground for issuing a restrictive LOC is in cases involving cognizable offences under the Indian Penal Code (IPC) or other laws, where the individual is intentionally avoiding the legal process.
Intimation Only: In situations not involving cognizable offenses, agencies can only request to be informed of a person's travel, not to have them detained.
Exceptional Circumstances: Crucially, the guidelines contain a broad clause allowing authorities to stop a person from leaving even without a pending criminal case. This can be invoked if the person's travel is deemed "detrimental to the sovereignty or security or integrity of India," harmful to bilateral relations, or against the "strategic and/or economic interests of India." This clause is meant for rare and exceptional cases but is often a point of legal contention.

The Courts Step In: Protecting Individual Liberty

Indian courts have played a crucial role in balancing the state's power to restrict travel with an individual's fundamental rights. Through various judgments, courts have established several important principles:

Right to Know: While prior notice isn't required before issuing an LOC (as it might defeat the purpose), courts have held that once a person is stopped, they have a right to be informed of the reasons and be provided with a copy of the LOC.
Post-Decisional Hearing: The person against whom an LOC is issued must be given an opportunity to challenge it legally. The absence of this recourse is considered a violation of fair procedure under Article 21.
No Mechanical Issuance: Authorities cannot issue an LOC mechanically. The decision must be based on credible information and a proper application of mind. Courts have struck down LOCs that were issued without sufficient grounds, especially those based on the vague "economic interests of India" clause.
LOCs are not for Absconders Only: While initially intended for absconders, the scope has expanded. However, the core principle remains that an LOC is a coercive measure to be used judiciously to ensure a person is available for a legitimate legal process.

In the case of journalist Rana Ayyub, the Delhi High Court quashed an LOC against her, stating it infringed upon her right to travel and freedom of expression. Similarly, courts have intervened in other cases, emphasising that an LOC cannot be a tool for harassment.

The Way Forward

While the state has a legitimate interest in preventing criminals from fleeing justice, the power to restrict a citizen's movement is significant and must be exercised with caution and accountability. The judiciary continues to act as a vital check, ensuring that the "procedure established by law" is fair, just, and reasonable.

If you or someone you know has been unfairly stopped from travelling abroad, it is essential to understand your rights. Legal recourse is available to challenge an arbitrary or unlawful travel restriction.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific legal issues, you should consult with a qualified attorney.