National Security Versus Individual Liberties: A Legal And Ethical Perspective Of Fundamental Rights
- IJLLR Journal
- Feb 28
- 2 min read
Pia Awana, University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University
ABSTRACT
It has been quite a long and complex fight between national security and individual and civil liberties, which has taken various dirty turns in recent times. While there is a crucial need to put the interest of the nation as a collective first, there have been situations wherein the name of national interest have been used to hamper and sideline the needs of the individuals. Many civilians have faced hardships including their fundamental rights being taken away in the most gruesome manner. Similarly, there have been instances wherein the individuals have misused their rights and acted against the primary interests of the nation and such must not go unnoticed.
This research paper delves into the justification of the laws and legislations that were and have been enforced to combat the threats to our nation’s security. While there is a necessity of stringent laws while dealing with national security there must be no arbitrary use of power when the subject to such arbitrariness is civilians and their liberties. The principles of due process of law, transparency and justice must be followed in every situation, where the nation or any of its part is a subject. Various judicial interventions in view of guarding national interest have been significantly addressed including the reforms brought in due course.
This paper aims to strike a balance between the need for stringent measures to protect the nation’s security while upholding the core values of a democratic nation.
Keywords: national security, individual liberties, fundamental rights, arbitrariness, due process of law, transparency, justice, national interest, democratic
