Freedom of Movement and Residence: A Fundamental Constitutional Right
- Migrant Workers and India’s Economic Unity
- A Disturbing Incident of Violence Against a North Indian Migrant
- The Role of Political Rhetoric in Normalising Hostility
- Tamil Nadu’s Legacy of Social Inclusiveness
- Why This Incident Must Be Taken Seriously at the National Level
- The Danger of Regional Chauvinism in a Federal Democracy
- The Duty of States to Protect Migrant Workers
Nipping a Dangerous Trend in the Bud
Justice Markandey Katju warns that an attack on a migrant worker in Tamil Nadu threatens constitutional freedoms and India’s unity, calling for urgent national attention.
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A deeply concerning development
By Justice Markandey Katju
Many workers migrate from various parts of India to Tamil Nadu ( as they do Mumbai, Delhi, etc ) seeking a livelihood. This is their fundamental right under Article 19(1)(d) of the Constitution, which states :
''All citizens shall have the right to move freely throughout the territory of India''.
It is also their fundamental right under Article 19(1)( e) which states :
''All citizens shall have the right to reside and settle in any part of the territory of India''.
India is one country, and these provisions ensure that it cannot be balkanised and broken up. Every Indian has the right to travel from his home state to any other state, settle down, and work in that state.
However, I have received this deeply disturbing message from a Tamilian living in Tamilnadu ( who has requested that his name not be disclosed, fearing he may be targeted )
Dear Katju Ji,
Good morning.
I am writing with deep concern about a disturbing incident reported yesterday, in which a young migrant worker from North India was brutally attacked by a group of local youths in Tamil Nadu. Reports also suggest that the incident was recorded and circulated, which is deeply distressing.
Over the years, migrant workers from North India have come to Tamil Nadu in search of livelihood, contributing through their labour to the prosperity of the state, apart from supporting their families. Unfortunately, repeated derogatory remarks and stereotyping by certain political groups and individuals have created an atmosphere of hostility toward these workers. Such rhetoric risks normalizing discrimination and may indirectly embolden acts of violence, with perpetrators believing they will not be held accountable.
This incident should be treated with utmost seriousness, and it deserves attention at the national level. I was deeply shaken after coming across the video related to this case and found it difficult to sleep afterwards. Tamil Nadu has long been known for its social progress and inclusiveness, which makes this development particularly painful and worrying.
I respectfully request you to review the details of this incident and, if you deem appropriate, share your views and strongly condemn this act of violence. Public voices like yours can play an important role in demanding justice and restoring a sense of safety and dignity for all workers, regardless of their place of origin.
xxxxxxx
I have lived in Tamil Nadu, and although a north Indian was never made to feel unwanted or a foreigner. I was a student of Annamalai University ( in 1967-1968 ), and have worked as Chief Justice of the Madras High Court ( in 2004-2005 ). I found every Tamilian I met to be a fine person who gave me respect, kindness, and affection. Till now, I had not heard of hostility towards migrants from other parts of India ( as there was by some people in Mumba,i etc ). But incidents like this may disclose a disturbing new trend, which must be nipped in the bud before it becomes widespread. It is the duty of all Tamilians to heartily welcome people from other states, who indeed contribute to the progress and welfare of their state.
(Justice Markandey Katju is a former Judge of the Supreme Court of India, and former Chairman of the Press Council of India. The views expressed are his own.)
