Thursday, July 20, 2017

Individual Freedom under attack from a delusional government and subjective Justice



“Nobody gets Justice. People only get Good Luck or Bad Luck.”- Orson Welles

After hour-long analysis I found the above quote positively appropriate to the Supreme Court of India’s (SC) recent observation on Freedom and Liberty during the hearing arguments to determine whether right to privacy is fundamental right under the constitution sought to know if the right to privacy will also extend to one’s choice of family and sexual orientation.(http://indianexpress.com/article/india/right-to-privacy-aadhaar-act-supreme-court-justice-khehar-not-absolute-4758342/)
While hearing the arguments on the first day, one of the learned judges asked the petitioner, “If privacy is right to make choice, choice in what area — family, sexual orientation, gender identity, surveillance. what all?” 
In another question, the same judge asked if it can be said that “privacy rights are not only vertical (not only against state action) but also horizontal (against society) and imposes an obligation on the state to make laws to protect one’s existence in society?”
There are maybe more arguments on several other questions and answers, but these two questions of the bench wondered me more.
In my opinion, both the questions are somehow more subjective than objective. Why?
At first, I’m going to through some lights on justice. The prime objective of the justice is to protect the virtue and Truth. It affects four – criminals/defendants, plaintiffs/witnesses, the assessors of the court and the Constitution/Government. If unjustly decided it brings evil to these four. Similarly, a judicial proceeding brings four results Justice, Gains, renown, and esteem.
In the context of the above observations, it can be inferred as that the questions put forth is more subjective for a court which upholds world’s largest written constitution and the thousand year’s virtuous judicial tradition which upholds human values and Truth.
As the right to privacy is not specifically mentioned in our constitution but it is derivative from the fundamental rights and also regulated by the fundamental duties. Where it is concluded that right to privacy is not absolute when the matter comes to National security and welfare of the society at a large.
It is an irony of the fate of Indians that after 70 years of hard-earned freedom we are at the starting point to decide our Freedom and Liberty. Again it is a great mockery of human existence, a democratically elected government standing opposite to it and acting as the dictatorial authority of human liberty.

While finding a solution to this, let’s remind the words of Swami Vivekananda-"Liberty in thought and action is the only condition of life, growth, and well-being: Where it does not exist, the man, the race, and the nation must go down." It is the reasonable freedom which awakens a human being on the difference between good and evil. It inspires human being to respect others freedom. Eventually, it creates a conducive environment where a human being gets an opportunity to be a constructive part of human society.
Conversely, humans are living for a reason and for a reason. If a system infringes its right to choose one’s own destiny then it is also an infringement of the law of nature.
The Past is evident whenever any system contravened the freedom and wanted to reshape the destiny of a human society on prejudices and delusion, the doomsday is apparent.
Herbert Hoover’s observation on it clearly signifies, “Freedom is the open window through which pours the sunlight of the human spirit and human dignity.”
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