Discuss how national security can be balanced with concerns of human rights.
Discuss how national security can be balanced with concerns of human rights.
Ethical governance necessitates a delicate equilibrium between Salus Populi Suprema Lex Esto (the welfare of the people is the supreme law) and the Categorical Imperative of protecting individual dignity. National security ensures the collective right to life, while human rights safeguard the individual against the potential Leviathan of state overreach.
Balancing National Security and Human Rights through Constitutional Proportionality
The Assertion: Security as a Prerequisite for Rights
The state possesses a Prima Facie Duty to ensure a secure environment, as rights cannot be exercised in a state of nature characterized by fear.
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Social Contract Theory: According to Thomas Hobbes, individuals cede certain liberties to the sovereign in exchange for security and the preservation of life.
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Rule of Law: The PRAHAAR National Counter Terrorism Policy (2026) illustrates this by framing counter-terrorism within the rule of law, treating security as a facilitator of human rights.
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Constitutional Morality: Provisions like Article 22 allow for preventive detention, yet the Supreme Court (2025) quashed such detentions of students, reaffirming that security measures must not be arbitrary.
Dimensions of Balancing Security and Human Rights
| Dimension | National Security Focus | Human Rights Focus | Ethical Synthesis |
|---|---|---|---|
| Legislation | UAPA and BNS Section 152 for stability. | Due process and freedom of expression. | Doctrine of Proportionality. |
| Surveillance | Intelligence gathering to prevent threats. | Right to Privacy (Puttaswamy). | Judicial oversight for warrants. |
| Enforcement | CAPF deployment in disturbed areas. | Prevention of custodial torture/killings. | Adherence to Paris Principles. |
Strategies for Harmonization
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Doctrine of Proportionality: Any restriction on rights for security must be necessary, legitimate, and the least intrusive measure possible, as held in Modern Dental College v. State of MP.
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Independent Oversight: Strengthening the NHRC to meet Global Alliance of National Human Rights Institutions (GANHRI) "A" status standards ensures transparency in security operations.
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Judicial Review: Courts must act as the Sentinels on the Qui Vive, scrutinizing laws like the Foreign Contribution (Regulation) Amendment Rules (2026) to prevent stifling of civil society.
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Human-Centric Security: Shifting from state-centric to Human Security frameworks, ensuring that marginalized groups, such as those under the Transgender Amendment Bill (2026), are not alienated.
- Eg: The Supreme Court (2026) judgment recognizing rehabilitation for trafficking victims as a constitutional right under Article 21.
True national security is achieved when the state protects its borders without eroding the Human Dignity of its citizens, ensuring that the pursuit of safety does not become a subversion of the Justice it seeks to defend.
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