Question
Discuss how national security can be balanced with concerns of human rights.
Detailed Solution
National security protects collective existence, while human rights protect human dignity; ethical governance therefore requires balancing security imperatives with liberty, proportionality and justice.
The Ethical Tensions
- Relying purely on utilitarianism for state security risks treating individuals as mere means, explicitly violating Kant's Categorical Imperative.
- Sacrificing individual liberty under the guise of state realism contradicts John Locke's foundational theory of inviolable natural rights.
- Ignoring human rights for national defense triggers moral myopia and ethical fading, ultimately eroding the Public Trust Doctrine.
- Blind adherence to security protocols creates a robotic amoralism that fundamentally subverts Dr. B.R. Ambedkar's vision of constitutional morality.
Ethical Framework for Balancing Both
- Doctrine of Proportionality: State action restricting liberties must be legitimate, necessary, and the absolute least intrusive option available.
- Example: The Supreme Court mandated in the Anuradha Bhasin case that internet and telecom suspensions must strictly pass the proportionality test.Â
- Preventing Arbitrariness: Exceptional security laws must have strict judicial safeguards so state power does not become tyrannical.
- Example: Courts actively reviewing preventive detentions under laws like UAPA to ensure citizens are not jailed without due process.
Protecting Non-Derogable Core Rights: Basic human rights, such as freedom from torture, cannot be compromised under any security justification.- Example: Adhering to the D.K. Basu guidelines to strictly prohibit third-degree custodial torture during counter-terrorism interrogations.
- Independent Democratic Oversight: Covert intelligence and security agencies must be accountable to external checks to prevent moral hazard.
- Human-Centric Security Paradigm: A nation is only deeply secure when its citizens are not alienated and feel trusted by the state.
- Example: The Indian Army's Operation Sadbhavana in border regions, which focuses on education and welfare to build local public trust.
True national security is not merely the absence of threats; it is a social order where citizens remain secure without becoming subjects of unchecked state power.
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