Skip to main content

Individual freedom can't be absolute, nor liberty personal, it has to be social contract

By NS Venkataraman*

It is more than seventy years now, since India attained independence from British rule and drafted a well balanced Constitution, which form the basis for Indian democratic process. Several national and state elections have been conducted and the victorious political party has taken over the governance in a smooth manner. Over the years, there have been building up of great awareness amongst the people about their fundamental rights and freedom of speech. While for an outsider, it may look like a noisy democracy in India, with protests, allegations and counter allegations and even corruption charges being raised and framed and complaints about dynastic political culture being developed with number of political parties coming under the grip of family control, still the ground reality is that democracy as an institution is surviving and thriving.
Of course, in any democratic country, people have the freedom to express their views and involve themselves in public activities which may be different for different people or different groups. In such situation, there is bound to be discussions and controversies about the way forward. The advocates of democracy would say that such conditions are the essence of democracy and noise in a democratic country very well proves that democracy is thriving.
In recent times, there have been allegations in India that central government and some of the state governments are curtailing the freedom of speech, indulging in arbitrary arrests and framing motivated corruption charges.
Of course, at the same time, it is also pointed out that freedom of individuals cannot be absolute in any society and liberty cannot be merely a personal affair and it has to be a social contract. While freedom of speech and action are important , abuse of freedom of speech and action by any individual or group or political party has to be closely monitored by the government and if necessary, restricted to ensure the orderly process of democracy.
Now, with the court verdict going against Rahul Gandhi, who is a Congress party member and his being disqualified from his parliamentary membership as per the prevailing law, the Congress party and several opposition parties have joined together and are accusing the Modi government of taking arbitrary action against Rahul Gandhi and also initiating anti corruption proceedings and investigation against several members of the opposition parties. These opposition parties have coined a new term “Indian democracy in danger”, as if the process of Indian democracy have collapsed or derailed under the weight of what they call as “dictatorship type of governance by Mr. Modi”.
The question is whether Indian democracy is really in danger or whether such accusations are being made by certain political parties and individuals as a strategy to save themselves from being investigated against by the government. Now, these opposition parties have approached the Supreme Court claiming that investigative agencies are being misused and the court has agreed to hear the case.
One of the promises made by Mr. Modi during the election campaign and repeatedly after , is that he would eradicate corruption in India by appropriate strategies. Several proactive initiatives have been made to promote transparency in governance by introducing digitalization in a massive way to avoid middle men in transactions and so many other similar steps. In the process, it is inevitable that the investigating agencies have to probe any corrupt dealing that it come across and in the process raids and enquiries have to necessarily take place.
It is important to keep in view that punishment for an individual for the corrupt dealings or any objectionable activity are provided by the judiciary and not by the investigating agencies or the government. The criticism of the opposition parties against the so called “arbitrary investigation” is unacceptable, as it virtually means that investigation should not be carried out at all. How can corrupt dealings and objectionable activities be identified and brought to justice without launching investigations?
The other argument by the critics appear to be that only the members of the opposition parties are being targeted and not the members of the ruling parties. In such case, the critics can file case in the court against the corrupt dealing of any ruling party member, which has not been done so far. For example, it is said that Adani group is corrupt and Modi government has favoured Adani group in an unacceptable way. If it is so, what prevent the critics from taking the issue to the court , instead of confining themselves only to media outburst?
In recent time, several members of the opposition parties and critics have used several abusive term against Mr. Modi i and have gone to the extent of calling him as thief and so many other highly derogatory terms. After using such abusive language against the Prime Minister, they have gone scot free. Is it not a proof that democracy thrives in India as even abuse of freedom to malign as important a person as Prime Minister is being tolerated?
Certainly , democracy is not in danger in India. It is as vibrant as democracy in any other country like USA, UK, Canada and so on.
One can even say that there are some aspects , where Indian democracy can even be a role model for other democracies in the world, when we see persons belonging to different political parties who criticize each other still maintain good personal relationships.
---
*Trustee, Nandini Voice For The Deprived, Chennai

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.