The state enforces rights that are enjoyed by every citizen and are protected by the state to ensure freedom or liberty. When it comes to liberty, there are some restrictions. So the definition of liberty must be in a way that every individual can relate to it. The state must provide and protect liberty in such a way that every individual can do what she wants to do and can proceed without any restriction. But certain restrictions do exist when it comes to what and how much liberty should be given to people. Read below to learn more about liberty and its meaning in an Indian context. You will come to know about What is Liberty: Types, Essential Safeguards and Challenges Faced.
What is Liberty?
What is Liberty?
Liberty means the absence of restraints on an individual’s activities and, at the same time, providing opportunities for the development of the personality of the individual. As it is mentioned in the Preamble of the Indian Constitution, liberty is very essential for the successful functioning of the Indian democratic system. However, liberty doesn’t entitle an individual to do whatever s/he wants to; it comes with certain limitations, as mentioned in the Indian Constitution. In the context of politics, liberty means the opportunity to develop oneself fully.
Liberty means our capacity to make moral decisions, to weigh our options rationally, and to accept responsibility for our actions. Democracy and the idea of liberty go hand in hand. For a free and civilised existence, there are certain fundamental rights that must be enjoyed by all the citizens of a community. These fundamental rights are in the form of freedom of thought, expression, belief, faith, and worship, as mentioned in the Preamble.
Liberty in the Indian context
The ideals of liberty, equality, and fraternity are taken from the French Revolution. Our Constitution believes in freedom in various forms: social, civil, and political, as mentioned in the fundamental rights of our Constitution under Part III. Liberty of thought and expression as enshrined in Article 19 The right to life and personal liberty are guaranteed by Article 21, both of which are fundamental rights.
But liberty does not mean freedom to do anything; a person can do anything, but within the limits set by the law. Anything that has the potential to cause public unrest is not considered a liberty. The Constitution sets certain boundaries in order to prevent harm in the name of liberty.
Liberties provided in the Directive Principles of State Policy
Articles 44, 45, 48, 48 A, 49, 50 & 51 in the Directive Principles of State Policy follow Liberal principles.
|
The Uniform Civil Code- there should be a provision for citizens to obtain a Uniform Civil Code across the entire Indian territory in order to simplify things, minimise ambiguity in the laws, which makes them appear more complicated than they are.
|
- Mandates that all children in the country receive free & compulsory education for children until they reach the age of 14.
- The 86th Amendment to the Indian Constitution, enacted in 2002, contained this provision.
|
- Formation of agricultural & animal husbandry organisations by the state using modern & scientific technologies
- Steps need to be taken to preserve & improve existing breeds, prohibit cow slaughter & other livestock in the country for the advancement of agricultural practices.
|
|
Environment & Wildlife Protection by the state to safeguard, improve the environment & its surroundings.
|
|
Protection of Monuments, Places & Objects of National Importance having historic or artistic interest has some national significance shall be protected by the state from any form of disfigurement, destruction, etc.
|
|
Separation of the Judiciary & the Executive
In the public service, there should be a distinction between the judiciary & the executive branch of government since it is easier if they do not interfere with others’ work & they operate independently.
|
|
Promotion of international peace & security
The State shall endeavor to —
- Promote international peace & security;
- Maintain friendly & honorable relations between nations;
- Foster respect for international law & treaty obligations in the dealings of one person with another for maintaining harmony between the nations &
- Encourage settlement of international disputes by the arbitration method
|
Positive & Negative Liberty
Liberty is defined in two ways:
(a) Negative liberty, which is not good for society and is not even accepted by society as only strong people could enjoy it.
(b) positive liberty, which is good for society as well as accepted by society. No one gets denied opportunities. Liberty doesn’t mean the freedom to do anything without any restraints. It means enjoying your rights and opportunities with reasonable restraints or with proper care so that the liberty of other people won’t be affected. An individual is said to have proper liberty if s/he is free from any coercion, has the right to profess his/her religion, and the state gives equal rights.
Types of Liberty
1. Natural liberty refers to an individual’s natural freedom that exists without any restrictions. It is justified because a man, being born free, is able to enjoy freedoms as he wills. Any kind of restriction negates his freedom. It is believed that man has got liberty from nature. But in today’s times, natural liberty can’t be present in a society, as there is no real freedom in a state of nature. Freedom without any restrictions can create anarchy, which means that natural liberty may lead to the rule of muscle power. Therefore, for a society to function smoothly, people can enjoy liberty, but there are essential restraints based on laws to ensure real and fair liberty is possible.
2. Civil liberty is the one followed by society, and each individual can enjoy it. It has some restrictions based on the laws; people can enjoy it only under certain restrictions. Civil liberty is not unrestrained. It is imposed by the state; it is just the opposite of natural liberty. It has two features:
3. Political liberty is related to the enjoyment of liberty by the people. People have freedoms like the right to vote, the right to contest elections, the right to criticise and oppose the government, and the right to change the government through constitutional means.
4. Individual liberty is the enjoyment of his or her opportunity and desires, but in such a way that it does not restrain others liberty. Everyone has the fundamental rights and can use them frequently, but there are some restraints so that no unlawful activity happens.
Individual freedom includes the right to personal liberty, freedom of speech, freedom of conscience, freedom of residence, and the freedom to choose any religion.
5. Economic liberty is related to people who are suffering economically, like the ones from backward classes, and are suffering from hunger, starvation, and unemployment.
An individual enjoys economic liberty when he or she has three basic needs: food, shelter, and clothing.
Economic liberty and political liberty are interrelated, as without economic liberty, political liberty becomes meaningless. It includes the right to work, the right to reasonable wages, and the right to economic security in old age.
6. National liberty means freedom from everything and everything. Liberty is defined as a nation as well as its citizens. It includes:
- to have its own constitution
- to form our own government without any restraints.
- Policies and programmes must be their own and must be accepted freely by the people.
- There is no external control.
7. Religious liberty: Everyone has the liberty to profess the religion in which he believes. No one can force anyone to profess a particular religion. It is the duty of the state to protect and provide a religion with equal status in society.
8. Moral liberty states the freedom to choose to do right things according to his or her own will. An individual is free to do things that have moral values. Moral liberty is responsible for the people because how they live in society means either harmony and peace or violence.
Essential Safeguards of Liberty
Essential conditions are necessary for the safeguard of liberty and for society’s good as well as for the people. These are:
1. Love for liberty: Liberty can be safeguarded if there is continuous defence on the part of people.
2. Eternal vigilance: People are committed to their liberty and are alert and ready to defend it.
3. Granting equal rights is the state’s duty—to provide equal rights to all without any discrimination, and no one should get privilege.
4. Democratic system: Democracy and liberty are responsible for each other. Meaning if there is liberty and the absence of democracy, it doesn’t matter if there is liberty. If there is democracy and liberty is absent, then having democracy doesn’t really matter.
5. Fair government action: The government should be unbiased in society, i.e., the government is responsible if privilege is being given to transparency.
6. Protection of fundamental rights by the state under the law via constitutional and judicial processes
7. Independence of the judiciary in taking decisions for safeguarding liberty
8. Separation of power between the legislature and executive. They must be independent of each other.
9. Decentralisation of power is necessary so that there is no dictatorship. distribution of power among all the levels of government or organisations.
10. The rule of law is the same for everyone to safeguard liberty; everyone is equal in the eyes of the law, and no one is above the law.
11. Economic equality: For safeguarding liberty, there should be an equal and fair distribution of resources and adequate opportunity. For the enjoyment of liberty, economic equality is a must.
12. Well-organised interest groups and NGOs must be there for the smooth running of society and to look into the violations of liberty by anyone.
Everything has certain limitations, and so does the concept of liberty. Certain challenges related to liberty include:
- State vs. individual: On certain occasions, the state tries to restrict individual freedom in the name of national security. For instance, when the authorities abuse Section 124A of the IPC, related to sedition charges,
- State vs. religion: Also, at times, the state restricts personal freedoms in the name of secularism. like when the French government outlawed the burkha, which negates the minority community’s rights.
- Aadhar Act: Individuals give authorities access to their private information. This knowledge is pertinent to respecting individual dignity. Furthermore, this information may be misused by the authorities, which is against liberty.
Conclusion
Liberty as defined in the Indian Constitution’s Article 21, i.e., “right to life and personal liberty,” Liberty refers to the citizens’ freedom in a country for the enjoyment of their rights and opportunities, but with certain restrictions for the society’s good. So that one who holds power in any form shouldn’t dominate the other members.
An individual is said to have proper liberty if s/he is free from any coercion, has the right to profess his/her religion, and gets equal rights from the state. No one can deprive anyone of their liberty except under certain conditions.
There are some essential safeguards of liberty in which it is the duty of the state or the government to ensure that everyone gets equal rights and no one is deprived of them. Everyone is equal and, under the law, has the right to enjoy his or her life and liberty.
FAQs on What is Liberty?
1. What is the definition of ‘liberty’?
Liberty means the absence of restraints on an individual’s activities and, at the same time, providing opportunities for the development of the personality of the individual. As it is mentioned in the Preamble of the Indian Constitution, liberty is very essential for the successful functioning of the Indian democratic system. However, liberty doesn’t entitle an individual to whatever s/he wants; it comes with certain limitations, as mentioned in the Indian Constitution. In the context of politics, liberty means the opportunity to develop oneself fully.
2. What is an example of liberty?
Liberty means freedom from captivity or control and the opportunity to develop oneself fully. An example of liberty is the ability to go where you want, do what you want, and say what you want.
3. Does the Constitution of India safeguard the liberty of the people?
Liberty as defined in the Indian Constitution’s Article 21, i.e., “right to life and personal liberty,” Liberty refers to the citizens’ freedom in a country for the enjoyment of their rights and opportunities, but with certain restrictions for the society’s good. So that one who holds power in any form shouldn’t dominate the other members.
4. What are the various challenges when it comes to liberty?
Everything has certain limitations, and so does the concept of liberty. Certain challenges related to liberty include: (a) State vs. individual: On certain occasions, the state tries to restrict individual freedom in the name of national security. For instance, when the authorities abuse Section 124A of the IPC, related to sedition charges, (b) State vs. religion: At times, the state restricts personal freedoms in the name of secularism. like when the French government outlawed the burkha, which negates the minority community’s rights. (c) Aadhar Act: Individuals give authorities access to their private information. This knowledge is pertinent to respecting individual dignity. Furthermore, this information may be misused by the authorities, which is against liberty.
5. Define natural liberty.
Natural liberty refers to an individual’s natural freedom that exists without any restrictions. It is justified because a man, being born free, is able to enjoy freedoms as he wills. Any kind of restriction negates his freedom. It is believed that man has got liberty from nature.
Share your thoughts in the comments
Please Login to comment...