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UPSC MainsGeneral Studies Paper IVEthicsPractice question

Balancing National Security and Human Rights

Discuss how National Security can be balanced with concerns for Human Rights.

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How to approach

Introduce the fundamental tension between national security and human rights through ethical perspectives like utilitarianism and deontology. In the body, outline the constitutional and ethical frameworks guiding this balance, followed by institutional and operational mechanisms to harmonize both imperatives. Conclude with a forward-looking thought on how state security ultimately exists to serve human dignity.

Model answer

367 words

Introduction

The tension between national security (state survival) and human rights (individual dignity) represents a core dilemma between utilitarian necessity and deontological ethics. These two concepts are intrinsically interdependent: absolute liberty without security risks anarchy, while security pursued without human rights leads to authoritarianism and tyranny.

Ethical and Constitutional Framework

Striking a viable equilibrium requires grounding state action within ethical philosophy and constitutional jurisprudence:

  • Doctrine of Proportionality: As affirmed by the Supreme Court in the K.S. Puttaswamy judgment, any restriction on fundamental rights under Article 19(2) against Article 19(1) freedoms must satisfy a three-fold test: legality, a legitimate state objective, and proportionality (using the least restrictive means available).
  • Philosophical Anchor (Aristotle's Golden Mean): Aristotelian virtue ethics advocates seeking the middle path between extremes—navigating between the existential vulnerability of the state and the oppressive overreach of state apparatuses.

Mechanisms to Harmonize Security and Human Rights

Concrete institutional and operational approaches are essential to prevent national security imperatives from overriding human dignity:

  • Robust Institutional Oversight: Strengthening statutory and constitutional bodies such as the National Human Rights Commission (NHRC), State Human Rights Commissions (SHRCs), and an independent judiciary ensures impartial inquiry into alleged excesses, upholding the principle that the executive cannot be a judge in its own cause.
  • Proportionality in Operational Measures: Security measures must reject indefinite or disproportionate blanket curbs. In the Anuradha Bhasin case, the Supreme Court held that indefinite internet shutdowns violate constitutional freedoms and mandated regular periodic reviews.
  • Empathetic and Value-Based Governance: Integrating Nolan Committee principles, notably empathy, integrity, and accountability, into standard security force protocols fosters humanized policing. Initiatives such as civic action programs and surrender-cum-rehabilitation policies in Left-Wing Extremism (LWE) affected regions cultivate public trust over alienation.
  • Phased Normalization and Legal Review: Special security legislations must not remain permanent fixtures. As security conditions stabilize, extraordinary provisions should be rolled back, exemplified by the systematic reduction of areas under the Armed Forces (Special Powers) Act (AFSPA) in the Northeast following sustained drops in regional violence.

Conclusion

National security is not an ultimate end in itself, but rather an essential means to enable human flourishing and dignity. A constitutional democracy demonstrates its true resilience by defending its territorial integrity while vigorously safeguarding the fundamental rights of its citizens.

Key facts to remember

definition
Doctrine of Proportionality

A constitutional principle holding that any administrative or legal measure restricting fundamental freedoms must be legitimate, suitable, necessary, and balanced against the degree of rights infringement.

case study
Anuradha Bhasin v. Union of India (2020)

The Supreme Court ruled that freedom of speech and expression and the right to carry out trade via the internet are constitutionally protected under Article 19, holding that indefinite suspensions of internet services are impermissible.

Frequently asked questions

How does Aristotle's Golden Mean apply to security policy?

Aristotle's Golden Mean emphasizes virtue as the intermediate state between deficiency and excess; applied to governance, it cautions against both the deficiency of state security (anarchy) and the excess of security control (authoritarianism).

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