Open In App

Civil Liberties – Definition, Importance & Examples

Last Updated : 24 Jan, 2024
Improve
Improve
Like Article
Like
Save
Share
Report

Civil Liberties are rights given naturally to the people of the country to protect them from the absolutism of government. The amount to which these liberties are given and enjoyed by people indicates the level of democracy in the country. Civil liberties allow everyone to be treated equally by the government. This ensures the government does not have much power over people creating a perfect balance.

In this article we will read about Civil Liberties, it definition, origin, importance and much more.

Civil Liberties Definition

Civil Liberties are defined as the rights of a person to say, do, and think as they please if it does not harm someone else. It safeguards people from the absolute power of the government which allows them privacy and a right to criticise the government.

History of Civil Liberties

The concept of civil liberties is rooted back to the Magna Carta in1215. This established the principle of due process based on the Charter of Liberties. Around the 17th and 18th centuries the development of these civil liberties advanced with the 1689 English Bill of Rights. This bill of rights laid the foundation for individual rights in the United Kingdom.

The United Kingdom established a bill of rights similar to that of the United States in the 1600s. This included similar liberties that are enjoyed by American citizens today like the right to bear arms and the right to free speech.

United States and Civil Liberties

The story of civil liberties goes back to the United States which became the first country to add civil liberties to its constitution. It started with the making of the Constitution in 1787. The original document did not have the Bill of Rights with all the important freedoms listed in it. The framers of the Constitution were worried about dealing with the problems of keeping the new country together instead of writing down rights in the Constitution. For the Anti-federalist faction of the Congress, this was not enough. Debates against this almost stopped the acceptance of the constitution. To solve this issue a promise was made to add a special list of rights in the constitution which later became the Bill of Rights.

James Madison later on proposed these amendments in the Constitution Which later became the Bill of Rights containing civil liberties. After the Civil War, the 14th amendment was added to the American Constitution in 1868 which stated that the state can’t take away rights from people by making any law that protected civil rights. In short, the journey of civil liberties was one of keeping promises, and fighting battles that made sure that everyone enjoyed equal freedom and rights.

Importance of Civil Liberties in a Democratic Society

Civil liberties are important as they protect the rights of citizens from government oppression and give privacy to the citizens. Civil rights are important for to following reasons:

  • Allows citizens to express their ideas freely
  • Establish a strong relationship between Commoners and law enforcement
  • Allow citizens to move and act freely as they please
  • Allow citizens to express their ideas freely

Civil Liberties in India

During the colonial period when India was trying to break free from British rule, people were also fighting for their civil liberties. This civil rights movement started in 1931 after the setting up of the Indian Civil Liberty Union by Pandit Jawahar Lal Nehru. Some of these basic civil liberties included the right to privacy, the right to marry the person of choice, and the right to vote, all of which are now guaranteed by our constitution.

The civil rights movement took off in the 1970s. The movement began with the government’s response to a group called Naxalites and it got stronger after the emergency of 1975. The people protested against the unfair actions of the government. Civil liberties became popular even in places like Kashmir and northeast India. Presently there are still many civil rights groups working in favour of civil liberties. Civil rights are very important for a free and fair society as they make sure the government does not become absolute.

Civil liberties provided by the Constitution of India

The fundamental rights under part three of the Indian constitution guarantee liberties for the common people to lead their lives in peace. There are six fundamental rights in total which include:

  • Right to Equality – It is outlined in Articles 14-18 and guarantees that everyone is treated equally under the law. Discrimination on the basis of religion, ethnicity, caste, gender, or place of birth is forbidden by the right to equality.
  • Right to freedom – Every citizen of India has the freedom to live and work anywhere on its territory thanks to this privilege. Individual rights are additionally safeguarded by the constitution from unreasonable state action.
  • Right against exploitation – Articles 23 and 24 of the Indian Constitution establish the right against exploitation. These crucial fundamental rights ensure that no individual is subjected to any form of forced labour.
  • Right to freedom of religion – Articles 25, 26, 27, and 28 of the Indian Constitution provide a clear description of the right to freedom of religion before the State, with no religion being granted priority over another. Any religion that a citizen chooses to preach, practise, and spread is free.
  • Cultural and education rights – Every member of society has the fundamental right to preserve their own languages and cultures, including the access to an education. Articles 29 and 30 of the Indian Constitution contain them.
  • Rights to constitutional remedies – Article 32 of the Indian Constitution guarantees citizens of India the fundamental right to Constitutional Remedies. It grants people the ability to petition a state’s Supreme Court or High Court to have their fundamental rights upheld.

These are most of the rights that are common in most liberal democracies are part of the fundamental laws of the land and are enforceable by the highest court of law.

Contemporary issues in Civil liberties

Presently society is highly dependent on these civil liberties to balance restrictions placed on the citizens by the state. Personal liberties are very important for the freedom to exist in this government-ruled world. An individual cannot flourish without the existence of civil liberties. These liberties allow us to express our views safely, make our own decisions, and lead our lives accordingly. Different groups like legal experts and journalists along with other organisations in a society like the liberties are working towards promoting civil liberties and protecting their status by noting the status of civil liberties in different countries.

Conclusion: Civil liberties

In conclusion, civil liberties form the root of a democratic society and safeguard the rights of individuals against the government’s absolutism. Civil liberties go back to the Magna Carta of 1215 which evolved with time with the United States becoming the first country to add civil liberties to its constitution. The significance of civil liberties lies in their ability to establish harmonious relations between law enforcement and the citizens. The Indian civil liberty movement was intertwined with its fight for independence. It eventually gained momentum in India around the 1970s.

Contemporarily civil liberties are crucial to uphold justice in society and ensure that the government does not become oppressive. The constitution of India guarantees some fundamental rights which are enforceable by law. In current times civil liberties face challenges but their protection is essential for individuals to express their views. Ultimately the relevance of civil liberties lies in their role in preserving the principles of democracy and ensuring the well-being of individuals in the society.

Also Read:

FAQS on Civil liberties

What are Civil Liberties?

Civil liberties are defined as the rights of a person to say, do, and think as they please if it does not harm someone else. It safeguards people from the absolute power of the government which allows them privacy and a right to criticise the government.

What is the Civil Liberties movement in India?

This civil rights movement in India started in 1931 after the setting up of the Indian Civil Liberty Union by Pandit Jawahar Lal Nehru. It took off in the 1970s and began with the government’s response to a group called Naxalites and it got stronger after the emergency of 1975.

What is the origin of Civil Liberties?

The concept of civil liberties is rooted back to the Magna Carta in1215. This established the principle of due process based on the Charter of Liberties.

Which amendment added protection to Civil Liberties to the US Constitution?

After the Civil War, the 14th amendment was added to the American Constitution in 1868 which stated that the state can’t take away rights from people by making any law that protected civil rights.

What is the best example of Civil Liberties in the Indian Constitution?

The fundamental rights under part three of the Indian constitution guarantee liberties for the common people to lead their lives in peace .



Like Article
Suggest improvement
Share your thoughts in the comments

Similar Reads