Liberty: Explained
Introduction
Freedom from limits on one's behavior but also allowing one to express one's individuality is known as liberty. Every citizen has a right to freedom or liberty, which the state must preserve, defend, and guarantee. The Constitution ensures everyone's right to freedom of opinion, speech, belief, faith, and worship through Fundamental Rights, which are enforceable in a court of law.
Liberty In The Context of India:
• The French Revolution served as the inspiration for the concepts of liberty, equality, and fraternity.
• Our Constitution upholds various forms of freedom, including social, civil, and political freedom, as expressed in Part III's fundamental rights.
• Article 19 guarantees the freedom of speech, while Article 21 guarantees the right to life and personal liberty both of which are considered fundamental rights.
• However, liberty does not imply absolute freedom, one can be free to do anything as long as they stay within the bounds of the law.
• Anything that could potentially lead to a riot is not regarded as being within the bounds of liberty.
• In order to protect people against harm committed in the name of liberty, the Constitution provides some limits.
Beliefs In Liberty
• The Preamble of the Indian Constitution contains ideas of liberty, including freedom of opinion, expression, belief, faith, and worship.
• People need to be able to think however they want and to envision their lives however they choose.
• Additionally, they must be allowed the autonomy to act independently without hurting other individuals.
• It also encourages creativity and provides the framework for the advancement of both science and culture.
• Freedom of speech: No opinion is completely incorrect. What we believe to be false actually has some truth to it. If we made "false" thoughts illegal, we would lose the aspect of truth they hold.
• Truth does not just happen. The truth can only be disclosed when conflicting ideas collide.
• The risk of truth turning into a mindless cliché is constant. Only when we present a concept to opposing points of view can we be sure that it is reliable.
• People are able to follow their religion in line with their unique convictions because of these essential principles, which provide them a sense of security.
Liberties Listed In The Directive Principle of State Policy
• These values adhere to the liberal ideology.
• The DPSP's Articles 44 through 51 all adhere to liberal principles: Article 44, Article 45, Article 48, Article 48 A, Article 49, Article 50, and Article 51.
In Article 44, the Uniform Civil Code is discussed
• To make things simpler and reduce ambiguity in the rules, which makes them seem more complex than they are, there should be a mechanism for residents to receive a Uniform Civil Code across the entire Indian Territory.
Article 45
• All children in the nation must get free and compulsory education, according to Article 45 of the Constitution.
• The State shall enact laws to provide children with free and mandatory education until they turn fourteen within ten years of the beginning of this item in the Constitution.
• This clause was part of the 2002-enacted 86th Amendment to the Indian Constitution.
Article 48
• Article 48 concerns the establishment of organizations for agriculture and animal husbandry.
• The State shall use all reasonable efforts to organize agriculture and animal husbandry using contemporary and scientific technology, as well as to take action to preserve and enhance existing breeds and prohibit the slaughter of cows and other livestock in the nation for the improvement of agricultural practices.
Article 48 A
• Article 48A covers the protection of the environment and wildlife.
• The state is required to take all reasonable measures to protect and enhance the environment and its surroundings. And to safeguard the sustainability of the environment for the long run by safeguarding the nation's forests and animals.
Article 49
• Article 49 deals with the protection of landmarks, locations, and items of national significance.
• Every landmark, location, and work of art that has some national value must be safeguarded by the state from any kind of alteration, destruction, etc.
Article 50
• Article 50 discusses the division of the executive and judicial branches.
• The executive and judicial branches of government should be separated in the public sector since it is simpler if they work independently and without interfering with each other's tasks.
Article 51
• In Article 51, the promotion of global peace and security is covered.
• The State shall make every effort to promote international peace and security, maintain friendly and honorable relations between nations, foster respect for international law and treaty obligations in human relations to uphold international harmony and encourage arbitration as a means of resolving international disputes.
Positive And Negative Liberty
Positive Liberty
• Positive liberty acknowledges that one can only be free in society (not outside of it) and works to change that society in such a way that it facilitates the development of the individual. Positive liberty is only concerned with the untouchable area of non-interference and not with the conditions in society outside of this area as such.
Negative Liberty
• An area where the person would be untouchable and free to "do, be, or become" anything they wish is what negative liberty seeks to define and safeguard.
• No external authority may get involved in this. It is a small, holy area where the individual's activities are untouchable.
• It is an impenetrable space free from interruption where the individual is allowed to speak freely.
Challenges Relating To Liberty
• State versus person: When the government abuses section 124A of the IPC, which is connected to sedition accusations, it is an example of how the state attempts to impose restrictions on personal freedom in the name of national security.
• State vs. religion: The state often tramples on individual liberties in the name of secularism, like when the French government outlawed the burkha, negating the rights of the minority group.
• Aadhar Act: People grant government access to their personal data. Understanding this is important for upholding each person's dignity. Additionally, the government might abuse this knowledge, which is against liberty.
Conclusion
As much as it needs to be developed via education and the honed of judgment, liberty, which is inherent in our ability to assess our options critically, make moral judgments, and take ownership of our acts, must be nourished by restricting the authority of the state and society. For a free and civilized existence, democracy and the idea of liberty go hand in hand, certain fundamental rights must be enjoyed by all members of a community. The Preamble refers to these fundamental rights as the freedom of thought, expression, belief, faith, and worship.