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Abstract

Man is a social animal. He cannot develop keeping himself aloof from his fellow mates in the
community. No man can live and progress in isolation. In today’s era, a man cannot live in
his own self made zone, reluctantand nervous or be it adamant and rigid to step into the
outside world, having the perception that he would be able to sustain himself without social
interaction, companionship, bonding or discussion. If a man believes so, then most evidently
he is carrying a misapprehension in his head and definitely is living in a bubble at the same
moment. So, these associations, clubs and groups will not only help an individual socialize
and develop warm and cordial relations with others but also at the same time will give him an
opportunity to put forth his own thoughts and opinions relating to any issue or a particular
agenda in the society. When he joins a certain group or an association, the same serves as a
helping hand to him in promotion and acknowledgement of his views, choices and interests
and also inspires others to come ahead and share their own ideologies. People engaged in a
certain group or in an organization having common aims and goals should strive together to
achieve the same.

Introduction

The right to freedom of association is core to any society. It is an indispensable right


in enabling citizens to monitor the human rights situation in a country and to support the
implementation of human rights policies. It is a key for the work of human rights defenders.

“Imagine a world without civil society. That world is bleak. Civil society has been at the
forefront of numerous landmark political and social changes over the last decade; changes
that have improved societies and individual lives in diverse and meaningful ways.”

- Maina Kiai, former United Nations Special Rapporteur on the rights to


freedom of association and peaceful assembly.

It is also a right that is at the very heart of the Human Rights House concept. We advocate for
the right to associate, and we live by it, experience it, and know first-hand how restrictions
can affect associations.
The right to freedom of association covers organised and professional organisations such as
political parties, trade unions, public associations and non-governmental organisations with
employees. It also covers organisations based on volunteers, and covers groups and entities
with or without a legal personality. States have an obligation to ensure that people are free to
form and participate in associations of any type and to engage independently in any legal and
lawful activity. This includes being able to seek and receive resources, to organise and to
peacefully promote and protect human rights.

Content

Restrictions are not limited to expression. The freedoms of assembly and association are
frequently violated too. In recent years authorities in the Russian Federation, Moldova,
Romania, Poland and Latvia have banned pride marches and tolerance and equality
assemblies. Authorities have also refused to register LGBT organisations in a number of
countries, including Mongolia, Botswana, Lesotho, and Turkey. The European Court has
consistently held that even shocking or disturbing ideas are protected by the rights to freedom
of association and peaceful assembly. In Baçzkowski v. Poland and Alekseyev v. Russia, the
European Court found that denying LGBT groups permission to assemble peacefully violated
the right to assembly protected by the Convention, and also violated the right to non-
discrimination on the basis of sexual orientation.

Grounds on which this freedom gets restricted:

1. Sovereignty and Integrity of India: To safeguard the sovereignty of the country the freedom
to form association can be restricted. This freedom will also be restricted if it causes any
disturbance or affects the oneness of the country .
2. Public Order: To maintain safety, public peace, order and tranquility of the country, the right
to form association can be restricted.
3. Morality: This freedom can be restricted if any of the individual’s activities involve
indecency or obscenity.

The right to form association includes the right to form companies, societies, partnerships,, trade
union and political parties. The right guaranteed is not merely the right to form association but
also to continue with the association as such. The freedom to form association implies also the
freedom to form or not to form, to join or not to join , an association or union.

Conclusion

Therefore, we can conclude that these associations, clubs, groups and other organizations do
indeed play a significant role in an individual’s life. They also play a major part in
determining his perception and persuades him to have a broader vision and a widened
approach towards everything happening in the society. But at the same time, it is the duty of
the citizens to ensure that in the due course of formation of a particular association as well as
during the time span of the membership, harmony, discipline and order continues to persist in
the society. It is important to take into consideration that the same does not give rise to
breach of public peace. The citizens while exercising this fundamental right should also see
to it that the stability of the society is maintained. It is also necessary that the formation or
participation and even continuation of these different associations do not act as a barrier or an
obstacle in the progress and development of the country. If at all the goal or the motive of the
people engaged in them is evil or ulterior the same will result in causing an imbalance in the
democratic system.

“These associations should head towards awakening the masses and inspiring them to
take the initiative for building up a brighter future for the nation.”

Bibliography

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