Day 74 – Q.3 Discuss the challenges in balancing human rights and civil liberties with the need for internal security in India.

Discuss the challenges in balancing human rights and civil liberties with the need for internal security in India.

भारत में आंतरिक सुरक्षा की आवश्यकता के साथ मानव अधिकारों और नागरिक स्वतंत्रताओं को संतुलित करने में आने वाली चुनौतियों पर चर्चा करें।

Approach

Candidates can start the answer with giving basic idea about Indian situation with related to internal security and human rights, civil liberties. Then explain the multifaceted challenges in balancing both wrt to Indian diversity and complexity.

Introduction

India has a diverse population and a complex security environment, including insurgencies, terrorism, and communal violence. While ensuring internal security is essential to safeguard citizens, protect the territorial integrity of the country, and maintain public order, this cannot be done at the cost of human rights and civil liberties.

Body

The challenges in balancing human rights and civil liberties with the need for internal security in India are multifaceted and complex. Some of the key challenges include:

• Misuse of security laws: The government has been accused of misusing security laws to suppress political dissent, intimidate journalists, activists, and civil society organizations. This has resulted in arbitrary detention, torture, and extrajudicial killings, which have raised concerns about the impact of such measures on civil liberties and human rights.
• Communal violence: India has a history of communal violence, which often stems from tensions related to religious, ethnic, or linguistic differences. Balancing public safety and protecting the rights of individuals and communities is a challenging task, particularly when government policies and actions favor one community over another.
• Independence of the judiciary: The independence of the judiciary is essential to ensuring that government actions are consistent with the rule of law and respect the rights of citizens. However, there have been concerns about the independence of the judiciary in India, particularly in cases related to internal security and communal violence.
• Transparency and accountability: The lack of transparency and accountability in government actions related to internal security and communal violence is a significant challenge. This can make it difficult for citizens to hold the government accountable for any abuses of power or violations of rights.
• Weak institutions: Weak institutions, including law enforcement agencies and the judiciary, can limit the government’s ability to balance internal security and human rights. Strengthening institutions is essential to ensuring that government actions are consistent with the rule of law and respect the rights of citizens.
• Major challenge is the misuse of anti-terrorism and security laws by authorities to suppress political dissent, intimidate journalists, activists, and civil society organizations. There have been instances of extrajudicial killings, arbitrary detention, and torture in the name of internal security. This has raised concerns about the impact of such measures on civil liberties and human rights.
• Another challenge is the persistence of communal violence, which has a long history in India. Riots and inter-religious conflicts have led to a loss of lives, damage to property, and displacement of communities.
• These incidents often stem from tensions related to religious, ethnic, or linguistic differences. Addressing such violence requires a delicate balance between ensuring public safety and protecting the rights of individuals and communities.
• The Indian government has taken measures to address these challenges, such as enacting laws to protect the rights of marginalized communities, strengthening the independence of the judiciary, and investing in community policing.

Conclusion

However, there is still much work to be done to ensure that internal security measures are consistent with human rights and civil liberties. This requires strong institutions, transparency, and accountability mechanisms, and a commitment to upholding the rule of law.