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Question

Discuss how national security can be balanced with concerns of human rights.

National security and human rights are not adversaries but complementary pillars of a democratic state — security without rights breeds tyranny; rights without security breed anarchy.

Balancing Framework:

  • Constitutional Anchor: Article 21 (life and liberty) permits reasonable restrictions; the Supreme Court's Puttaswamy judgment mandates legality, necessity, proportionality.
  • Rule of Law: Anti-terror measures (UAPA, NSA) must be exercised with judicial oversight, not executive whim.
  • Due Process: Detention, surveillance and interrogation must respect procedural safeguards; custodial torture is absolutely prohibited.
  • Independent Oversight: NHRC, judiciary and parliamentary committees to scrutinise security operations.
  • Sunset Clauses on emergency laws prevent normalisation of exceptional powers.
  • Community Trust: In insurgency-affected regions (J&K, Northeast, LWE areas), winning "hearts and minds" is a strategic asset — Operation Sadbhavana exemplifies this.
  • Transparency: Redress mechanisms for excesses build public confidence.

As Ambedkar cautioned, constitutional morality restrains power — genuine security flows from justice, not fear.


 

Answered By:

Sakshi Negi

Sakshi Negi is a Delhi-based journalist and content specialist with expertise in educational content and digital media, focusing particularly on government exam preparation and career guidance. With a degree in Journalism and Mass Communication from NRAI School of Mass Communication and her background as a Kendriya Vidyalaya alumna, she brings unique insights into the Indian education system and government sector opportunities.

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