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LIBERTIES (Project Report)
Submitted Submitt ed To: To:
Dr. ANITA SAMAL, SAMA L, (Fcu!t", Dept. #$ Po!itic! Scie%ce)
Submitted b":
S&I'AN S&*LA SEMESTER+I, B.A L.L.B (&o%.) R#LL NMBER: -/ SE0TI#N: A
&id"tu!!1 Ntio%! L2 %i3erit", Pot pr2r, Ab1%pur, Ne2 Ripur 4 56//- (01tti7r1)
Dec!rtio%
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I, S&I'AN S&*LA, do hereby declare that, the project work entitled, 8Libertie9 submitted to H.N.L.U., Raipur is record of an original work done by me under the able guidance of Dr. ANITA SAMAL, aculty !ember, H.N.L.U., Raipur.
"#HI$%N& #HU'L%( )ate * +th %ugust -+
#/!0+, 1.%.L.L.1., #/23I4N* % R4LL NU!1/R0 +5
Ac%o2!ed7eme%t
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3hanks to the %lmighty who ga6e me the strength to accomplish the project with sheer hard work and honesty. 3his research 6enture has been made possible due to the generous co0 operation of 6arious persons. 3o list them all is not practicable, e6en to repay them in words is beyond the domain of my le7icon. 3his project wouldn8t ha6e been possible without the help of my teacher Dr. ANITA SAMAL, aculty, )ept. of 9olitical #cience at H.N.L.U., who had always been there at my
side whene6er I needed some help regarding any information I am highly obliged for her guidance in doing all sorts of researches, suggestions and discussions regarding my project topic by de6oting her precious time. I am thankful to the library staff as well as the I3 lab staff for all the con6eniences they ha6e pro6ided me with, which ha6e played a major role in the completion of this paper. I would like to thank my friends for helping me in the completion of this project. Last but definitely not the least, I am thankful to my seniors for all their support, tips and 6aluable ad6ice whene6er needed. I present this project with a humble heart.
Name* #HI$%N& #HU'L% #emester0I, 1.%.L.L.1 #ection* % Roll Number* +5
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0#NTENTS
I%troductio%;;;;;;;;;;;;;;;;;;;;;;;;;.. #bjecti3e< Met1odo!o7";;;;;;;;;;;;;;;;;;;;.. Me%i%7 %d T"pe;;;;;;;;;;;;;;;;;;;;;;.. Feture;;;;;;;;;;;;;;;;;;;;;;;;;;;. T"pe o$ Libertie;;;;;;;;;;;;;;;;;;;;;;;. Some ee%ti! S$e7urd;;;;;;;;;;;;;;;;;;;; 0o%c!uio%;;;;;;;;;;;;;;;;;;;;;;;;;;.. Bib!io7rp1";;;;;;;;;;;;;;;;;;;;;;;;;.
INTR#D0TI#N
Liberty, in philosophy, in6ol6es free will as contrasted with determinism. In politics, liberty consists of the social and political freedoms to which all community members are entitled. In theology, liberty is freedom from the bondage of sin. &enerally, liberty is
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` distinctly differentiated from freedom in that freedom is primarily, if not e7clusi6ely, the ability to do as one wills and what one has the power to do: whereas liberty concerns the absence of arbitrary restraints and takes into account the rights of all in6ol6ed. %s such, the e7ercise of liberty is subject to capability and limited by the rights of others . 4f all the rights which are considered fundamental for the de6elopment of the personality of the indi6idual, the right to liberty or freedom happens to be most respected and 6alued. In fact without liberty, i.e. without the freedom to enjoy one8s rights, there can be no real right a6ailable to the people. Liberty, as such, is the most cherished and lo6ed right of the people.
#B=E0TI'ES #F STD>
+. 3o comprehensi6ely understand the 6ital role of of pro6iding liberties to citi;ens. -. 3he contribution of state and go6ernment in pro6iding liberties to its citi;ens.
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MET&#D#L#>
3his project has been carried out following the descripti6e and analytical approach. It is largely based on the roles and importance of liberties in an indi6idual8s life. 1ooks and other references as guided by the faculty of political science of HNLU were primarily helpful for the completion of this project.
MEANIN AND T>PES #F LIBERTIES
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3he word Liber= which means >free8. In this sense liberty means freedom from restraints and the freedom to act as one likes. Howe6er, in a ci6il society such a meaning of Liberty is taken to be negati6e and harmful.
1 http://www.merriam-webster.com/dictionary/liberty. 3|Page
` It is only in a jungle that freedom from restraints is a6ailable to animals. In a ci6il society no person can be really permitted to act without restraints. Hence, Liberty is taken to mean the absence of not all restraints but only those restraints which are held to be irrational. Libert" i uu!!" de$i%ed i% t2o 2": Ne7ti3e Libert" ? Poiti3e Libert": (A) Ne7ti3e Libert":
In its negati6e sense, Liberty is taken to mean an absence of restraints. It means the freedom to act is any way. In this form liberty becomes a license. #uch a meaning of liberty can ne6er be accepted in a ci6il society. In contemporary times, Negati6e conception of liberty stands rejected. (B) Poiti3e Libert":
In its positi6e sense, Liberty is taken to mean freedom under rational and logical i.e. restraints which are rational and ha6e stood the test of time. It means liberty under the rational and necessary restraints imposed by law. 3hese restraints are considered essential for ensuring the enjoyment of liberty by all the people. In a ci6il society only positi6e liberty can be a6ailable to the people. Poiti3e Libert" me% t2o import%t t1i%7:
+. Liberty is not the absence of restraints: it is the substitution of irrational restraints by rational ones. Liberty means absence of only irrational and arbitrary restraints and not all restraints. -. Liberty means e?ual and ade?uate opportunities for all to enjoy their rights.
FEATRES
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"i( Liberty does not mean the absence of all restraints "ii( Liberty admits the presence of rational restraints and the absence of irrational restraints.
2 www.yourarticlelibrary.com/essay/liberty-definition-features -types...liberty/40364/
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` "iii( Liberty postulates the e7istence of such conditions as can enable the people to enjoy their rights and de6elop their personalities. "i6( Liberty is not a license to do anything and e6erything. It means the freedom to do only those things which are considered worth0doing or worth0enjoying. "6( Liberty is possible only in a ci6il society and not in a state of nature or a >state of jungle8. #tate of anarchy can ne6er be a state, of Liberty. "6i( Liberty is for all. Liberty means the presence of ade?uate opportunities for all as can enable them to use their rights. "6ii( In society law is an essential condition of liberty. Law maintains conditions which are essential for the enjoyment of Liberty by all the people of the state. "6iii( Liberty the most fundamental of all the rights. It is the condition and the most essential right of the people. Liberty enjoys priority ne7t only to the right to life. In contemporary times, the positi6e 6iew of liberty stands fully and uni6ersally recogni;ed as the real, accepted, and really producti6e 6iew of Liberty.
T>PES #F LIBERTIES
(-) Ntur! Libert":
3raditionally the concept of natural liberty has been 6ery popular. Natural liberty is taken to mean the enjoyment of unrestrained natural freedom. It is justified on the ground that since man is born free, he is to enjoy freedom as he wills. %ll restraints negate his freedom. 3he social contractual lists "Hobbes, Locke and Rousseau( championed the cause of natural liberty. Rousseau became famous for his words*
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` Howe6er, the concept of natural liberty is now considered to be an imaginary one. 3here can be no real freedom in a state of nature or a >jungle society8. Unrestrained freedom can create anarchy. It is only in an orderly society characterised by essential restraints based on laws and rules that real liberty can be possible. Natural liberty can lead to a li6ing based on the e6il principle of >might is right8 or the >rule of muscle power.8 (@) 0i3i! Libert":
3he liberty which each indi6idual enjoys as a member of the society is called ci6il liberty. It is e?ually a6ailable to all the indi6iduals. %ll enjoy e?ual freedom and rights in society. 2i6il liberty is not unrestrained liberty. It is enjoyed only under some restrictions "Laws and Rules( imposed by the state and society. 2i6il Liberty is the 6ery opposite of Natural liberty. @hereas Natural Liberty denounces the presence of restraints of any kind, 2i6il Liberty accepts the presence of some rational restraints imposed by the #tate and #ociety. Furt1er, 0i3i! Libert" 1 t2o $eture: (i) Stte 7ur%tee 0i3i! Libert":
2i6il liberty means liberty under law. Law creates the conditions necessary for the enjoyment of liberty. Howe6er, it refrains from creating obstacles in the way of enjoyment of liberty by the people. It protects liberty from such obstacles and actions of other men and organisations as can limit the e?ual liberty of all. 3he Laws of #tate imposes such reasonable restraints as are deemed necessary for the enjoyment of liberty by the people. (ii) 0i3i! !ibert" !o t%d $or t1e protectio% o$ Ri71t %d Freedom $rom u%due i%ter$ere%ce:
2i6il liberty in6ol6es the concept of limiting the possibilities for 6iolation of the rights of the people by the go6ernment. 3his is ensured by granting and guaranteeing the fundamental rights of the people. It also stands for pro6iding constitutional and judicial protection to rights and liberty of the people. (6) Po!itic! Libert":
&ood and ade?uate opportunities for using political rights by the people are defined as political liberty. @hen the people ha6e the freedom of participation in the political process, it is held that they enjoy political liberty.
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` 9olitical of liberty in6ol6es the freedom to e7ercise the right to 6ote, right to contest elections, right to hold public office, right to criticise and oppose the policies of the go6ernment, right to form political parties, interest groups and pressure groups, and the right to change the go6ernment through constitutional means. Laski obser6es <9olitical liberty means the power to be acti6e in the affairs of the state.= #uch a liberty is possible only in a democracy. 3he real e7ercise of political rights by the people is a sure sign of the presence of political liberty and democracy. () I%di3idu! Libert"< Pero%! Libert":
Indi6idual liberty means the freedom to pursue one8s desires and interests as a person, but which do not clash with the interests or desires of others. 3he freedom of speech and e7pression, freedom of residence, freedom of mo6ement, freedom of conscience, freedom of tastes and pursuits, freedom to choose any profession or trade or occupation, the freedom to enjoy the fruits of one8s labour, the right to personal property, the freedom to profess or not to profess any religion, and freedom to accept or not to accept any ideology, all fall under the category of indi6idual freedom. Howe6er, all these freedoms are to be e7ercised in a way as does not hinder the e?ual freedom of others as well as does not 6iolate public order, health and morality. () Eco%omic Libert":
Laski defines economic liberty as freedom from the wants of tomorrow and a6ailability of ade?uate opportunities for earning the li6elihood. It stands for freedom from po6erty, unemployment and the ability to enjoy at least three basic minimum needs A food, clothing and shelter. Laski writes,
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` 3he grant of economic liberty to the people demands the grant of right to work, right to reasonable wages, ade?uate opportunities for li6elihood, right to rest and leisure, and right to economic security in the old age. (/) Ntio%! Libert":
National liberty is another name for independence of the nation. It me% comp!ete $reedom o$ t1e peop!e o$ ec1 tte:
"i( 3o ha6e a constitution of their own, "ii( 3o freely organise their own go6ernment, "iii( 3o freely adopt their policies and programmes, "i6( 3o pursue independence in relations with all countries of the world, and "6( reedom from e7ternal control. () Re!i7iou Libert":
It means the freedom to profess or not to profess any religion. It means the freedom of faith and worship and non0inter6ention of #tate in religious affairs of the people. It also means e?ual status of all religions to freely carry out their acti6ities in society. #ecularism demands such a religious freedom. (C) Mor! Libert":
It means the freedom to act according to one8s conscience. It stands for the liberty to work for securing moral self0perfection. reedom to pursue moral 6alues is moral freedom. 3hus, when one demands the right to liberty one really demands liberty in all these forms.
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S#ME ESSENTIAL SAFEARDS F#R LIBERTIES
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-. Lo3e $or Libert":
4nly when people are strongly in lo6e with their liberty, that liberty can be really safeguarded. Liberty needs continuous attempts on the part of the people to defend their liberty. @. Eter%! 'i7i!%ce:
3he commitment of the people to defend their liberty and their full alertness against any encroachment of their liberty is the second most important safeguard of liberty.
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http://www.yo#rarticlelibrary.com/essay/liberty-de$nition-%eat#res-types-and-
essential-sa%eg#ards-o%-liberty/4&34/ '|Page
` 6. r%t o$ Eu! Ri71t to A!!:
or safeguarding Liberty, it is essential that there should be no class of pri6ileged persons in society. Liberty can e7ist only when e?ual rights are granted and guaranteed to all the people without any discrimination. &rant of special pri6ileges and rights to any class is always against the spirit of liberty. Howe6er, grant of some special pri6ileges to the depri6ed sections of society "9rotecti6e )iscrimination( is deemed just and essential. . Democrtic S"tem:
/stablishment of a democratic system is an essential safeguard of liberty. 1oth liberty and democracy are supplementary to each other. @e cannot concei6e of a democracy without the presence of ci6il, economic, political and indi6idual liberty. Likewise, in the absence of the right to freedom there can be no real democracy. . T1e Ri71t o$ o%e 1ou!d %ot be depe%de%t upo% t1e 2i!! o$ ot1er:
Laski suggests that the state must ensure that rights and freedoms of some people should not be dependent upon the will and happiness of others. 3he rulers and ruled should both be under the rule of law. /. Fir o3er%me%t! Actio%:
or safeguarding Liberty, it is essential that the go6ernment should e7ercise unbiased and impartial control o6er e6ery section of society. It must acts as a responsible transparent and accountable go6ernment. . Protectio% o$ Fu%dme%t! Ri71t:
4ne of the key methods of safeguarding liberty is to incorporate a charter of fundamental rights and freedoms in the constitution of the #tate. %long with it, judicial protection should be gi6en to rights. C. I%depe%de%ce o$ =udicir":
Budiciary should be assigned the responsibility to protect all rights and freedoms of the people. or discharging such an important function, the judiciary must be made independent and fully empowered. 5. Seprtio% o$ Po2er:
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` #eparation of powers should be secured between the legislature and e7ecuti6e. Budiciary should be totally separate from these. %ny concentration or combination of these powers can be dangerous for Liberty -. Dece%tr!itio% o$ Po2er:
or safeguarding liberty against possible dictatorshipC authoritarianism, it is essential that decentrali;ation of powers should be affected. 3he power of the go6ernment, particularly its e7ecuti6e branch should be distributed among a number of organi;ations and these should be located at all the three le6els of go6ernment0local, pro6incialC regional and national. --. Ru!e o$ L2:
%ll the people should be under the same laws and bound by same types of obligations. No one should be abo6e law. -6. Eco%omic Eu!it":
/?uitable and fairer distribution of income, wealth and resources, and ade?uate opportunities for li6ely0hood are essential safeguards of Liberty. @ithout economic e?uality, there can be no real enjoyment of liberty. -. Ge!! #r7%ied I%teret roup %d No%+7o3er%me%t #r7%itio%:
4ne 6ery essential safeguard for Liberty is the presence of well0organi;ed interest groups and non0go6ernmental organi;ations or 6oluntary social ser6ice organi;ations i.e. 2i6il #ociety. #uch organi;ations can act unitedly for fight all 6iolations of liberty.
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0#N0LSI#N
Hence liberty, in philosophy, in6ol6es free will as contrasted with determinism. In politics, liberty consists of the social and political freedoms to which all community members are entitled. In theology, liberty is freedom from the bondage of sin. &enerally, liberty is distinctly differentiated from freedom in that freedom is primarily, if not e7clusi6ely, the ability to do as one wills and what one has the power to do: whereas liberty concerns the absence of arbitrary restraints and takes into account the rights of all in6ol6ed. %s such, the e7ercise of liberty is subject to capability and limited by the rights of others.
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BIBLI#RAP&> Boo re$erred:+ "+( 4.9. &auba "-( Des !inister, Des 9rime !inister
Websites referred:"+( www.liberty.co.uk/
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