File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Can Human Rights Be Violated In The Interest Of National Security?

In a stable democracy, national or national security is the first and foremost preference of any Government. National security does not only concern the military of the country but also is basically about the stability and security of the economy and the citizens of the country. Originally, it was thought to be a need for the superiority of the military. Still, now, it has become a vast notion that involves the stability of the law and order in the state, a strong economy, and prominent relations with other states, beneficial ties with the nearby countries in particular, etc.

However, in today's society, we come across many instances of how the measures are taken by different governments in the name of security ironically violate the very fundamental, basic human rights of the citizens of their own country. While some instances of such obvious violations are brought in the courts for justice, many of such cases are either affecting a huge section of society, or are of high-profile nature, hence the factor why these cases get such massive attention, but a huge number of matters related to fundamental rights or human rights violations do not even gain coverage or heard because the victims are common people. Among them, a major population is not even aware of how its basic rights are being terribly violated!

Why such disparity exists between the cases of the same nature but different victim groups? How can a distinction be made between what is required for national security and what causes the violation of human rights? Does there any element exist for balancing both these factors, and if it exists, how? These queries have become the subject of discussions, not only in the press but also in daily life reality.

Multiple dimensions of national security: In India
As India is a populous country of almost 1.3 billion and various methods are implied to monitor all states, there are a lot of diverse ways to safeguard every state and the subordinates from exogenous forces that might not necessarily be of physical nature always. There are a lot of ways of drilling the national security into the system so that the government misses nothing and it is able to control any hard situation without letting any of these external factors harm the national integrity. These dimensions are stated below:

Physical Security:
Physical security or military security is the capability of the military force of a nation to defend and protect the nation from any external violation or other non-state actors such as terrorist gangs. But superpowers across the world use their military power to intimidate the developing countries and also as a show of power. Such actions of military forces threaten basic human rights on a large scale.

Cyber Security:
Now, computer and IT has dominated almost every field. This huge reliance of above fifty percent of the capable workforce has turned out to be a blessing as well as a challenge for both the government and users. Cyberattacks are increasing more and more, causing a global panic. So, the cause of cybersecurity has provided the Government of India a full authority to regulate the activity of users along with the implementation of an improved version of cybersecurity and associated grounds of specialization.

Economic security:
For any country to keep flourishing, it needs its economic policies as advanced as possible while having an eye on its conventional concentration of economic growth. In India, it means an agriculture-dependent economy, so it needs to focus on widening and improving this sector and bringing massive changes into the secondary and tertiary sectors. So, it would keep the ongoing employment rate intact and pave the way for new employment options.

Natural resources and energy:
Electricity is a basic necessity, and many finite and natural resources, such as wood, coal, etc., are used to make electricity. Additionally, India depends on its minerals, petroleum, and coal reserves to fund its factories. So, it creates the responsibility for government to devise policies to secure and preserve its natural resources and energy from any kind of misuse.

Political security:
Many political analysts and leaders believe that the national security of a country can be kept intact only if its political front is stable and strong. It looks oxymoronic because how come a powerful thing continues to be anchored? It actually implies that a government stays strong if it can integrate the different communities and sustain the balance of this system via continuously bridging the space between various community groups and their political representation.

Stability also implies that even when the ruling political party changes, the preceding party's positive actions should be made sure by the next political party. This cycle will conserve stability and strengthen the political front with an obvious vision. Somehow, the mega political parties interfere with the interests of the common public just to feed the interests of their own.

Conclusion
No one can deny this obvious fact that the concerns of national security supersede the concerns of individual beings, but it does not imply that the underlying issues related to individual security get ignored. It is a matter of common understanding that when thinking about holistic protection of the country, some personal and micro cases are kept aside to deal with later, but it does not imply that this "later" accounts for neglecting these issues altogether.

No sensible and rational person will object to her or his not so personal information being monitored for a legitimate concern such as cybersecurity, but this does not account for any kind of administrative decision to keep a check on all private and personal activities, particularly what a person does on their phone, for the sake of national security.

For keeping the actions of the government in check to ensure no human rights get violated, certain solid steps should have been taken, but still, there is a long way forward when it is about actually implementing those steps correctly and with legally permissible reasons.

References:
  • https://www.amnestyusa.org/issues/nationalsecurity/#:~:text=On%20multiple%20fronts%2C%20the%20United,U.S.%20law%20and%20international%20law.&text=The%20U.S.%20has%20used%20lethal,countries%2C%20leading%20to%20civilian%20deaths
  • https://blog.ipleaders.in/growth-of-national-security-concerns-and-violation-of-human-rights/
  • https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=1430&context=djilp
  • https://www.law.upenn.edu/cf/faculty/wburkewh/workingpapers/17HarvHumRtsJ249(2004).pdf

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Law of Writs In Indian Constitution

Titile

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly