INTRODUCTION
Tourism has always been a prime aspect in the lives of humans due to their ever-curious nature, they like to explore the vast possibilities of how, when, why, and what things they come across. Since civilizations were born, the need to move from one place to another has developed gradually. At first, this was done to find a house near water-available areas and fertile lands. It was done to gain knowledge and write down accounts for historical purposes, and as soon as we moved to our century, tourism took the form of a mode of recreation. Whatever the purpose or form of tourism, the idea is to move from one place to another and see what each place brings.
WHAT ARE TRAVEL RIGHTS?
While one talks about how important travel is for anyone, one also talks about how “travelling is a basic human right.” That is when it becomes important to understand and analyze how travel and rights get co-related. Etymologically, the word’ travel’ comes from the old French verb ‘travail’, meaning work or toil, and the word ‘right’ comes from the old English right which meant correct to do, when combined, travel rights mean that it is proper to work or move from one place to another without being disturbed. If we look at this from today’s perspective it is quite subtle, we are going around places so much that the world seems to have become small and the more we travel, the more we know that it is indeed a fundamental thing in anyone’s life, not something of which they can be denied off without any reasonable excuse.
Travel Rights are concerned with giving the freedom to any person to travel not only inside their domestic lines but also internationally. The Indian Ministry of Tourism[1] defines travel rights as” The right to move freely not only inside but also outside the borders of the country”. But the definition lacks one more essence of the concept which is given in the definition by the World Tourism Organisation which defines travel rights as,” The right which entails the movement of the people for business or non-business purposes outside their usual domestic environment with safe and secure transportation, cost and not promoting any illegal action or defying the tourist spot norms. This definition gives all the factors of the concept of the right for any person travelling to any place in the world. As people’s knowledge and status improve, their ability to meet the means of travelling also improves, and in such times, they become even more aware of their rights.
ANCIENT TIMES AND TRAVEL RIGHTS
The Romans were quite known for their luxurious lifestyles embedding the most exquisite modes of leisure spending, they are also believed to be among the earliest ones who started travelling as pure leisure. Their small villas in the countryside, lavish gardens, and royal engagements made them patrons of travel. It was believed that the ruler would choose ministers who would accompany him to places, and other noblemen would take their families to spend time apart from the town. The Roman laws were not quite rudimentary from the start, especially in terms of travel. Still, as the civilization started to flourish, they became more interested though women who were not courtesan or deserted had no such rights to travel without any male.
The Europeans were advanced with travels from the beginning, the ruler would send trade merchants, Nobles, artisans, and priests to different places and no such taxations or foundations were there, it is due to these liberations only that the French, Germans, and British were able to hold such great forces because the greater they would move the greater they would expand and turn their travelling into habitation.
Indian history also holds such accounts when travel rights were shaped, and the civilizations would explore not only their localities but also their future accommodations. The earliest accounts were of the Aryans who came to the fertile Gangetic plains, it was not as if they could’ve known such a place existed without the curiosity to be there. Gautam Buddha and Mahavira were the greatest known preachers, and it would not have been possible for Buddhism or Jainism to have spread to such great masses if they had not travelled across places. Megasthenes, who is also known as the Father of Indian History, is also among such scholars who shaped India’s entire ancient history. The ancient rulers not only allowed travellers to travel, but they took them as their guests and made them witness the tiniest details of the mega culture. Megasthenes stated that the greatest city in India is called Palimbothra, which stands at the confluence of two of the greatest rivers of India, the Ganges[2]. The Rulers were so impressed by such works that they would send invitations to foreign rulers and request the visits of their ambassadors and scholars.
The importance of travelling became so evident by the medieval period that it was almost unimaginable to see it as a luxury. The lower strata of society could not afford much travelling, but when times were there when they could, no special rule was there to restrict them. Some scenarios, though, proved otherwise, such as during the Delhi Sultanate when the fanatic rulers would not let the other religion fulfil their religious duty of pilgrimages; either they were taxed heavily or were converted firsthand. It was even in existence till the third Mughal generation when Jalal-ud-din Akbar banned the Jazia tax in 1579. Whatever may have been the circumstances, there were few irrational foundations for the movement of people
TODAY’S OUTLOOK ON TRAVEL RIGHTS AND THEIR APPLICATIONS
With the establishment of the World Tourism Organisation in 1975, the realm of tourism got a new direction. It promotes tourism as a driver of economic growth, inclusive development, and environmental sustainability and offers leadership and support to the sector in advancing knowledge and tourism policies worldwide. From its very first conference, which was held in 1975 in Madrid (also the headquarters), UNWTO has prioritized the right to travel as a basic right and no country or government should deprive anyone of its application. The statutes of the World Tourism Organisation (Article 3)[3] Implement the following aims:
- The fundamental aim of the Organization shall be the promotion and development of tourism to contribute to economic development, international understanding, peace, prosperity, and universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. The Organization shall take all appropriate action to attain this objective.
- In pursuing this aim, the Organization shall pay particular attention to the interests of the developing countries in the field of tourism.
- To establish its central role in the field of tourism, the Organization shall establish and maintain effective collaboration with the appropriate organs of the United Nations and its specialized agencies. In this connection, the Organization shall seek a cooperative relationship with and participation in the activities of the United Nations Development Programme as a participating and executing agency.
Such aims not only provide the security of travel but also safe, convenient, and affordable travel, which shall improve all the member countries’ status and economy.
The mention of the Indian Constitution is also mandatory in this reference because long before any international convention, the Indians were aware of how important it was to have the freedom to move freely and the establishment of Article 19(1)(d) which guarantees the freedom of movement within the country to its citizens is the live example of it. Article 21 of the Indian constitution also guarantees the right to travel abroad (Maneka Gandhi v. Union of India AIR 1978)[4]
CONCLUSION
Travelling has undergone several changes in modes, procedures, and legal recognition throughout the world, today travelling might not be as simple as it was back then, today any person is required to have a valid passport, travel visa, booking proofs, insurance, and now with the surge of Covid-19 in last years, a covid negative report too. But these norms are what make travelling easier and more secure for the citizens. The right to free movement was already there from time to time; it might not have been able to captivate its importance back then, but now, from a mediocre family to an upper-class businessman, every person can be wherever they want, given their movement is legal and not a threat to the place they are visiting.
Author(s) Name: Angel Malik (Dewan Law College, Meerut)
References:
[1] Ministry of Tourism, Definition on Tourism, https://tourism.gov.in/ (accessed 20 February 2025)
[2] Dr. Arun Kumar, ‘Glimpses of Pataliputra’ [2019] https://www.multisubjectjournal.com/ (accessed 19 February 2025)
[3]World Tourism Organisation, Global Code of Ethics for Tourism, https://www.unwto.org/ (accessed 20 February 2025)
[4] Maneka Gandhi vs. Union of India, (1978) 1 SCC 248
