Human rights versus National security
What is human rights :
Human rights are right we have simply because we exist as human beings they are not granted by any state.
Definition :Human rights are rights inherent to all human beings, regardless of race, sex, Nationality ,Ethnicity,, language religion, or any other status . Human rights ,Include the right to life and liberty , freedom from slavery and torture, freedom of opinion and expression, the right to work and education and many more.
What is national security :
National security is the national defense, foreign intelligence and counterintelligence, international and internal security, and foreign relations.
Definition :
National security or National defense ,is the security and defense of a sovereign state , including its citizens , economy , and institution ,which is regarded as a duty of government.
Elements of National security :
Military security
Economic security
Resource security
Health security
Cyber security
Environmental security
Human rights and national security are at times perceived to be at odds with one another .When government officials speak about national security , their arguments rest primarily upon the premise that protecting human rights and civil liberties is at times subservient to protecting national security. In India the government has passed stringent laws protecting national security and combating terrorist threats but these same laws cannot pass the test of human rights scrutiny. During the last five decades since independence , India has made significant efforts to strengthen the legal , constitutional , and institutional framework to protect , promote and institutionalize human rights. Since the 1980 s the Indian judiciary particularly the Supreme Court of India has supported these efforts through numerous judgments limiting the powers of government including police and other enforcement machinery while simultaneously expanding the nations of freedom and liberty. This limitations were justified by invoking a board and purposive interpretation of fundamental rights which are enshrined in chapter ||| of the Constitution of India.
The international human rights framework ,conventions or treaties to which India was signatory or ratifying party, also justifies the limitations on governmental powers. However the contemporary reality of Indian executive governance demonstrates the weakness and inadequate of the treaty and convention. As a result police, military and paramilitary forces continue to violate human rights. This problem underscores the need to develop a culture amongst law enforcement officials that respect human rights as a sine qua non for the preservation of the rule of law.
This article addresses the issue of Indian national security law operation and the efforts to combat terrorism while protecting human rights as follows:
Historical background : its provides an overview of the historical background of national security and human rights issues in India within the context of the constituent assembly debates.
Constitutional framework : It explains the legal and constitutional framework of national security legislation in India and the limitation on governmental exercise of power as provided in the Indian constitution. It also analyzes certain national security cases decided by the Indian judiciary. Further, it considers how to balance Protecting national security and promoting human rights has been achieved.
Legal framework: Explain the legal framework of the anti terrorism laws in India with particular reference to the prevention of Terrorism Act of 2002 (POTA) and examines its critical implications from a human rights standpoint. It also discuss the decision of the Supreme Court of India in upholding the constitutional validity of POTA ,while underlining the need for cheeks and balance in enforcing anti terrorism laws.
International developments :It provides an overview of international developments that have attempted to balance counter- terrorist and national security interests with the protection and promotion of human rights.
Evaluates: Its the human rights consequence of emergency provisions under the Indian constitution with the intent to examine their present status of jurisprudence. It also critically examine certain decisions of the Supreme Court of India which have resulted in the development of habeas corpus law.
Conclusion: Human rights framework and its impact on prevention detention laws in India. Human rights is examined in order to provide certain guidelines for other countries while most countries have already developed order in the process of developing their own national security legislation the Indian experience is useful to understand the importance of democratic institutions and independent judiciary a free press, and a vibrant civil society to protect and promote human rights and civil liberties.
**Author :-Ruksana khatun, JRSET college of Law of Kalyani University
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