Balance Between National Security And Individual Liberty- Legal Framework For Covered Up Terrorism Issues In India
- IJLLR Journal
- Jun 18
- 2 min read
Suchismita Choudhury, LLM, Rashtriya Raksha University, Lavad, Gandhinagar, Gujarat. BALLB (H) from Assam University (a central university) Silchar.
ABSTRACT
This paper examines the tension between individual liberty and national security considering India’s counterterrorism legal framework, a state whose unique geopolitical situation and historical conflicts put it at the forefront of the objectivities of domestic and international terrorists. But when they touch the outer limits of constitutional guarantees such as the rights to life, liberty, and free speech, these legal frameworks that include the UAPA and NSA regularly pose hard questions. The article reviews the problems these laws present, particularly concerning cases of alleged covered-up terrorism incidents, through the lens of legislation, court decisions, and case studies.
The research also assesses the role of judiciary review in preventing possible overreach by law enforcement, particularly for important cases. The paper tries to fine feasible recommendations for a more balanced approach, line better judicial supervision, privacy safeguards, and more transparent legal definitions, by contrasting with international opinions on the concept of balance between national security and individual liberty. Finally, this paper emphasizes the significance of the established democratic system that guarantees civil rights and effective war against terrorism to save individual liberty and national security. Since the rights of innocent people should not be violated, there is a need to balance civil liberties with anti-terrorism concerns and enact legislation that will permit law enforcement to take decisive action against the terrorist organization.
In the current world, maintaining a highly delicate balance between the strong requirement of national security and protecting citizens' liberties is of great importance. The essay builds on a relationship between India's anti- terrorism legislation and the Indian Constitution. Nations in this contemporary security environment and transnational danger simultaneously need to safeguard civil rights and maintain national security. This essay explores challenges of maintaining balance regarding India's national security and liberty for individual citizens.
