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Balancing National Security With Human Rights




Siddharth Abhishek, National Law University Odisha

Gracy Tanwar, National Law University Odisha


ABSTRACT


This paper argues that in the rush to respond to the 9/11 attacks, countries around the world created a new security playbook that has consistently valued a vague idea of 'national security' over the clear, written rules of international human rights. By looking at the laws passed in the United States, the UK, and India, I'll show a disturbing pattern. Governments have given themselves sweeping new powers – to spy on citizens, to water down due process – all by using fuzzy, convenient definitions of terrorism. And the long-term damage? It's been immense. It's not just about individual rights; it's about the erosion of the rule of law itself, the weakening of democratic oversight, and the fraying of our social fabric, especially for minority communities who are so often the first to be targeted. In the end, I argue that this security-first approach is not just wrong; it's a failure on its own terms. It's often counter-productive. Let's be clear: we don't find real, lasting security by sacrificing our rights. We find it by making a huge shift— getting smarter, preventing threats before they start, and building trust within communities, all without breaking the law. That’s not a soft stance. It’s the only one with a real shot at making us safe.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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